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Home My WebLink About150588 WALSH CONSTRUCTION INC - CONTRACT - BID - 8008 POUDRE TRAIL AT MULBERRY & LEMAYCity Of � Fort Collins Purchasing Financial Services Purchasing Division 216 N. Mason St. 2n" Floor PO Box 580 Fort Collins, CO 80522 17'.221.1775 170.221.6707 /cgov.coMpurchasing SPECIFICATIONS D CONTRACT DOCUMENTS FOR POUDRE TRAIL AT MULBERRY & LEMAY BID NO. 8008 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS OCTOBER 15 — 3:00 P.M. (OUR CLOCK) | : § 2 )| | §, / | INN] { = p 2 §16 !||'| 9 / � 4p SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 13th day of November in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Walsh Construction 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 8008 Poudre Trail at Mulberry & Lemay. ARTICLE 2. ENGINEER I� U The Project has been designed by Interwest Consulting Group, 1218 Ash Street, Unit C, Windsor, CO 80550. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and 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. ARTICLES. CONTRACTTIMES 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 specked in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Four Hundred Dollars ($1,400) 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 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 (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million One Hundred ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price • Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in • accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS r� u • 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: 1 COVER SHEET 2 STANDARD PLANS LIST 3-5 GENERAL NOTES 6 SUMMARY OF APPROXIMATE QUANTITIES 6a SUMMARY OF EARTHWORK 7 SURVEY TABULATION SHEET 8 SURVEY CONTROL PLAN 9 TRAIL CENTERLINE CONTROL PLAN 10-11 TYPICAL SECTIONS • 12 REMOVAL PLANS 13-17 TRAIL PLANS AND PROFILES 18 STORM PLAN AND PROFILE 19 EROSION CONTROL PLAN 20 LIMITS OF CONSTRUCTION & PHASING PLAN 21-22 STORMWATER MANAGEMENT PLAN 23-25 CROSS SECTIONS PEDESTRIAN BRIDGE PLANS 26 GENERAL INFORMATION - SUMMARY OF QUANTITIES 27 GENERALLAYOUT 28 TYPICAL SECTIONS 29 GEOLOGY SHEET 1 OF 2 30 GEOLOGY SHEET 2 OF 2 31 FOUNDATION LAYOUT & DETAILS 32 ABUTMENT 1 PLAN & DETAILS 33 ABUTMENT 1 DETAILS 34 ABUTMENT 3 PLAN & ELEVATION 35 ABUTMENT 3 DETAILS 36 PEIR 2 PLAN, ELEVATION AND DETAILS 37 SOUTH APPROACH RAMP PLANS 38 SOUTH APPROACH RAMP DETAILS 39 HANDRAIL DETAILS 40 EARHTHWORK AND RIPRAP DETAILS 41 WETLAND MAP 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 2, 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 n U OWNER: CITY OF FORT COLLINS By: 3 CONTRACTOR: WALSH CONSTRUCTION INC. By: 5 1I .ER Title�`I�T PURCHASING & RISK MANAGEMENT Date: T'I Attest[NWEIAi/ K A City Clerk Address forgiving notices: rO: F�Rr� 1 : P. O. Box 580 S t • Fort Collins, CO 80522 Approved as to Fon v As stent City Attorney 0 Date: 11117kO/ I (CORPORATE SEAL) Address forgiving notices: WALSH CONSTRUCTION, ING LOVELAND. CO 8057 LICENSE NO.: CI' 1 SECTION 00530 NOTICE TO PROCEED Description of Work: 8008 Poudre Trail at Mulberry & Lemay To: Walsh Construction Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents.. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within _(_) calendar days from receipt of this notice as required by the Agreement. Dated this _day of , 20_ The dates for Substantial Completion and Final Acceptance shall be , 20_ and • 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _ day of 20 . CONTRACTOR: Walsh Construction Inc. Un Title: •- SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 0 0 11 SECTION 00610 PERFORMANCE BOND Bond No, S432051 KNOW ALL MEN BY THESE PRESENTS: that Walsh Construction Inc. 8139 Open View Place, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712. Des Mdaes, IA 5030E 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 One Million One Hundred Twenty -Seven Thousand Seven Hundred Eleven Dollars ($1,127.711.00) 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 13th day of November, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8008 Poudre Trail at Mulberry & Lemay. • NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. • • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall he deemed an original, this 17 day of November Zp 14, • 0 IN P ESENC OF: _ �j/, / (� (Corporate Seal) IN PRESENCE OF: IN PRES CE OF: Anita C. Keller (Surety Seal Principal Walsh Conatmdion, Inc. �1 r4st'L uT (Title) 8139 Open Vu. Place, Loveland, CO 80537 (Address) Other Partners Surety - Em loyan Mutual Casualty Company By: a.pm.reml By: P.O. B. 712, Da. Moines, IA 50306 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. E at F It a Nil = ljN l I Ilq] -gI � � �i5igg��3$t � I 1�E8 € � iiyE I�t ��1{ taIt 11 Ing o0I00I0I 0I0I0I0I 0I0l0l0l1,l—t$uIuIoIoI1 Nololi 1oIo1oI7IoIoI 10I0I01 l0l0l0l0l 0I0I 1 0 �0 0I0I0I0I0I I I III I I i� M140 � 11101 d! 00000� SECTION 00615 PAYMENT BOND Bond No. S432051 KNOW ALL MEN BY THESE PRESENTS: that Walsh Construction Inc. 8139 Open View Place, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation , hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712. Des Moines, IA M306 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 One Million One Hundred Twenty -Seven Thousand Seven Hundred Eleven ($1 127 711 00) 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 13th day of November, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8008 Poudre Trail at Mulberry & Lemay. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, • and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 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. L IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 17 day of _, 2014. IN P ESEN,C/7q, OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: -Z & Anita C. Keller • (Surety Seal) November 0 Principal By: Walsh Cshu n (Title) 813E Open View Place Loveland, CO 80537 (Address) Other Partners X&I Surety - Employers Mutual Casualty Company By: By: P.O. Box 712, Des Moines, IA 50308 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. /EMC. rNSURANCE P.O. Box 712• Des Moines, Iowa 5030"712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 5. EMC Property 8 Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company and collectively as "Companies", each does, by these presents, make, cawnate and appoint: TIMOTHY J. BLANCHARD, ASHLEY K. ANDERSON, JONATHAN S. LAND, ROBERT CHARLES TORREZ, VICKIE GOLOBIC, BRIAN MAYER, TERRI L. REESE, BROOKE DIANA LEE BECK, ANITA CLAYTON KELLER, INDIVIDUALLY, GRAND JUNCTION, COLORADO Its true and lawful ahorney-indact, with full powaand authority conferred in sign, seal, and execute ftle following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby ae fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all of the acts of mid attorney pursuant to the authority hereby given are hereby ratified and confined. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Atlomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duty called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employee Mutual Casualty Company shall have power and author to (1) appoint aftamays-in-tam and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, commerce of Indemnity and other writings obligatory in the nature thereof, antl (2) to remove any all attorney -In -fact at any time issued to them, to execute and deliver an behalf Of the Company, and to attach the seal of the Company thereto, bands and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such atiomey-in-lam shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of•aaomeyauthorized herein made by an Officer of Employers Mutual Casually Company shall be lolly and in all respects binding upon this Company. The facetm il, or mechanically mpmduced signature of such officer, whether made heretofore or hereafter, wherever appealing upon a carried copy of any powerof-aftomay of the Company, shall be valid and binding upon the Company with the same mute and effect as though manually atllxed. IN WITNESS THEREOF, the Companies have caused these presents to be signed breach by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Q // Seal 10� AV „` ,• �onyy 0 'o ?a•• %:'q: �ry^'°^..:, Bruce G. Kelley, 3.4, 5 en Micheal tFaml Sec •"� m Companies 2, 3, 4, 5 86; President Assistant Secretary -- SEAL `_; 5"toBw63Eo= 1953 ` of Company l; Vice Chairman end `.�''.. ` ••:' 'fr, CEOof Compeny7 ioh^ sw"""�„•• pE, ,•,.J On this 22nd day of June, AD 2010 before me a Notary Public In antl for the Stare of Iowa, •,','o,;,,"�' rs : personally appeared Bruce G. Kelley and Michael Freel, who, being uy me duly sworn, _ s adid say that they are, and are Mown 0 me to be the Chairman -, President, Vice Chairman •=ax- 2 3 E SEAL ° 4 SEAL F £ 2 k- SEAL o = and CEO, and/or Assistant Secretary, respectively, of each ai the Companies above; that the seats affixed to this Instrument are the seats of said cmrpomtions; that said Instrument •:';;:,.``•;bq;,, .... was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Fred, as such officers, M acknowledged the execution of saitl instrument to be their voluntary act and deed, and the UTU $ voluntary act and deed of each of the Companies. ►,.r�� Hsu LAUREL A GLOSS My Commission Expires March 13, 2014. COMMISSION N0. 1183662 a n of <N`" � MYC MMISSION IXPIRE3 �0"NES, hod" ws — 3 14 C./ Public in a Notary Public n aid for are Brute of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby ceddy that the foregoing resolution of the Boards of Discounts by each of the Companies, and this Power of Attorney Issued pursuant thereto on 22nd day of June, 2010, are two and correct and are still in full force and effect In Testimony Whereof I have subscribed my name and alflxed the facsimile seal of each Company this 17th day of n November 2014 q— AZ Vice President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • OP ID: TA i l— A A`ORO CERTIFICATE OF LIABILITY INSURANCE oA11/142014 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 certl0cets holds, is an ADDITIONAL INSURED, Me policy(les) must be endomed. If SUBROGATION IS WAIVED, Subject to Me terms and conditions of the policy, certain policies may require an endorsement A staterreM on Mis continuum, does not confer rights W the certnicate holder In Ileu of such endorsemen e . PRODUCER Phone: 970-223-1804 Front Range Insurance Group 1100 Hadon Drive Suite 100 Fax[ Fort Collins, 00 80525 David A. Wooldridge LUTCFAM 44AcoxTACT P...L AM pMAIL DIXt S9: PRoduc. WKBHJ ru in'MXA De -. w6uaea6 AFFORawm DoueenoE XAIC• INSURED Walsh Construction, Inc. Matthew Walsh, Pres. 8139Open View Place Loveland, CO 8053T INsuREaA Plnn lAssurance 41190 Must. S: United sweem, hn..n..- Inwamlc:TrMNre 26852 IN..ImD:Acul IXeuRel e: Rock Hill Insurance 28053 R F' NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN 611 TWEBFINSURANCE VNUMB FOLICYEFF PIXICV IXP � BMRMLLMBIUW EACHCCCVRRENLE { 1,e011, B X CCMMERLMLGENERAL LMBIDTV X BVD1412931 07/13QD14 07113RB15 PRE .pIDU. 3 IGO, CV.IMFMADE OOCCUR MEOEXPI"..ry,eml 6 5,0 E X Pollution Limb iexvP6mlEaa 10/1W2014 11113=14 PERSOMILADVINJURY a I'lim' GENERN.AWREGTE 6 2,000,001 GERLAOGREGATEUMITAPPUEeless PwoucTs-CO&IMPARG { 2,000,000 PURY FX1 P Lee Poll Limb { 1,000, MRDMGXILE LIABILITY X CCMBINEOSINGLELIMIT 3 1,990 D Aw AUTO 74154 0TAINUM14 U7R8/ZI1S X MCILYI.m1 BWILYWURY IParpemp) a X ALLGWNEOAVTO$ 74154 BODILY IWURYIPx xtiE.nB { SCHEDUMIDAUT06 PRCPERIY DAMAGE $ X HnEDAUTOS 4164 07A03/2014 07103=15 IPNamoXnl X 3 NJN-0WNEDAUTGS 74154 07N31ZOu 07M312D15 UNBR9W WB C((• UR EACH OCCURRENCE 3 AGGRI1.11 a EXCa33LMa CLVNEAMDE DEDUCTIBLE { { RETEMI N WORMERS COMPFNeAMX1 A X HLIM' Eft A AND EMPLOYERS' LIABILITY YIX ANY FPEMCWOEO LVTIW F7 104361 05181I2014 (MADIG015 EL. ERCX ACCIDENT 3 1r5DD. OFPICERMREMB IM.rIUNory In"un XIA EL OIBFABE-FAEMPLOYE i 1r665r Xps MmW UNe, DESLHIPIIONOF OPEPATIONS bpbx EL OI6FASf.POLILY VMR 3 15DD, C c.mnM.m RNb 560d GMIODP OM01/2014 04M1/2015 5ch Equip 174,2 LwIRBM 250,0 DesouPnONOFOPERATIONSILOCATONSIV MUS IAWeII ACOROIM,AWXImN Mm.b 9[MX.b.Xmm.Wwb,pul,M) BOOB Hcudrs Trail at IMulbsrty and Leaay The City of Fort Collins and the Colorado Department of Transportation have bean namatl as Additional Sneurads rich respects to the General Liability and Tile Commercial Auto Policies CERTIFICATE HOLDER CANCELLATION CITY-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 "T"CRMEU Rpfnu"TAnW 281 North College Avenue Fort Collins, CO 80522-0680 �/ 7 019884009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo ate registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8008 Poudre Trail at Mulberry & Lemav LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Walsh Construction Inc. CONTRACT DATE: November 6, 2014 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. ENGINEER AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS • SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Walsh Construction Inc $Z7iSi - rt�'iL7i , 20_ You are hereby noted that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Walsh Construction Inc. for the City of Fort Collins project, 8008 Poudre Trail at Mulberry & Lemay. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated November 6, 2014. 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 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: CITY OF FORT COLLINS, COLORADO (OWNER) FROM: WALSH CONSTRUCTION INC. (CONTRACTOR) PROJECT: 8008 POUDRE TRAIL AT MULBERRY & LEMAY 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above • described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the • benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20_. CONTRACTOR: WALSH CONSTRUCTION INC. M Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _ day of , 20_, by Witness my hand and official seal. Notary Public My Commission Expires: i • 0 • SECTION 00660 CONSENT OF SURETY TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER") CONTRACTOR: WALSH CONSTRUCTION INC. PROJECT: 8008 POUDRE TRAIL AT MULBERRY & LEMAY CONTRACT DATE: NOVEMBER 6, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _ day of (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. • 7 If I I� I• II -I I II r nli'I�/I/ I^. i I r/11 IIIIII I YY � Milli I� �� . �� , �i9�illi',��I •� i��l��/. I �%" L°7� • 0 SECTION 00670 n \J h U C, J 0 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A IN THIS SPAM The exemption cerlificote 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 net include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, reined, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works caused and used by the exempt orga bnatlon. Any unauthorized use of the exemption certificate will result in revocation of your exemption codificafe 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 responsibilityof the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. R,strationlAccount No. (to M assigned by DOR) Passed 0170-750 (999) $0.00 89 Trade rumWBA: ovate, wmw, or caporal. Will, address (city. State, Do): contact Panora E-Mall addnea: Federal Employer. benaicatlml Number. Waraumfayourccnbacb /Fin NumCee: l ) auYree, kNpbre sunrise: CabnW xMNnNlrgbvaKpint marbae Copies of contract op EXEMPTION INFORrtATIOPI„and (2) containing.1 Name of exempt organization (as shown on common: Exempt omenbAeonY numbs[ 98- Add. of exempt oreanleawn (city. Stab, Zlp): Principal contact at exempt orysaNeatbm Principal =F-as telephone number: Physical local of project eba (give actual add. when applicable sand Cubs anchor Cases, (lea) whore project b located) 9WI,W MaMh Ory year seemed MwIN Day Y.rmfLuctlm eMdNe: NY: I declare under penaltyof perjuryin the second degree that the statements made in this application are true and complete to the best of my knowledge. Signmesof comer, partner or samorala aMnr: Tqb of corpaete o"ca" Dab 00 NOT WRITE BELOW THIS LINE 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 89k 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, ff 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. • \J E • SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS 1 :1 CONTRACT Thee GENERAL CONDITIONS have brain developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8(1990 Edition), as a tau Changes to that document are shown by underlining teat that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) • • Article or Paragraph Number & Title 1.1 1.2 1.3 1.4 IS 1.6 1.7 1.8 L9 1,10 1.11 1.12 1.13 L14 1.15 1.16 1.17 L18 L19 1.20 1.21 1.22.a 1.22.b 1.23 1.24 25 26 1.27 L28 1.29 1.30 1.31 1.32.a 1.32 b 1.33 1.34 135 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 L" 1.45 TAELE OF CONTENTS OF GENERAL CONDMONS Page Article car Paragraph Number Number & Title Addenda........_..................................:I Agreement....._ .._........................1 Application for Payment..._..................I Asbestos.............................................1 Bid _.._.__ ......_......._...I Bidding Documents ...... .....I Bidding Requirement „_,,,_.........._.._I Bonds. _.............................. _..............I Change Order._ ._.._...__.._....,,1 Correct Dc aum eot..... _.. _ .................I CorrectPrice _... _.. 1 Contact Times_...._...........................I CONTRACTOR ............................ _...I defied.............................................1 Drawings_... __................................... t Effective Dam ofthe Agreement,......._.I ENGMEER ....._.. _............ 1 HNGINHERs Consullant,_...... ...... ._1 Field Order............_ ............... _..........1 General Requirement,_...____ Hazard. Waste ,,,,,,,,,_..........._2 Laws and Regulations, laws or Regulations ..........._............2 Legal Holidays_...............__.........._...2 Liens................... _.... .........................1 Milamone..................... ................. _..2 Notice of Awmd.......__..__._...... Notice to Proceed 2 ............................... . Partial Utilisation.__.....__.. _.......... 2 PCBs 2 Petroleum..........._. _. _-2 Project..... ...................... ... ._...2 Radioactive Materiel .......___. _...2 Regular Working Haas,... ... 2 Resident Project Repres ommive............2 Samples.. ............... .....................1.......2 Shop Drawtnga................................... 2 Subconnacto ................ „_2 Substantial nion............ ..2 Supplementary Coditims......... _...._. Supplier................. _..........................2 Underground Facilities .....................2-3 Unit Rice Weak .......... ......_._............. Work .._. _._...._._......_. 3 Work Change Dvective...........__.._.... Ares Written Are sediment .................... .._.i Age Number PRELIMINARY MATTERS ......... .............. .........3 2.1 Delivery ofBonds..........._............... 22 Copes of Documents ................. _.._.3 2.3 Commencement of Contract Times; Notice to Procead..___......3 2.4 Starting the work_. ... .... ..... .... 2.5-2 7 Before Starting Construction; CONTRACTO&s Responsibility to Repot; Preliminary Seheddes; Delivery of Certificate, of Iruuromi;..._............................ 34 2.8 Proconstructidn Conference .._.......4 2.9 Initially Acceptable Schedules„_..._4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .... ................ ..................._4 3.1-3.2 Intent...._. _........................ _... _...4 3.3 Reference to Standards and Spon- fications ofTechai.1 Societies; Reporting and Resolving Di, 3.4 Intent of Certain Terms a Adjectives .._.... .........5 3,5 Amending Contract Docent enLs„...... 5 3.6 Supplem enting Contract Dacron sits ................................... 5 3.7 Reuse ofDomain co s ............._._.......5 4. AVAILABILITY OF LANDS; SUBSURFACE- AND PHYSICAL CONDITIONS; RBFHRENCE POINTS .............. ......... .... .... -........ 4.1 Availability of Lands ...........54 4.2 Subsurface and Physical Candid as:...... ....................._......6 4.2.1 Reports and Drewings......................6 42,2 Lim ited Reliance by CONTRAC- TOR Authorized: Technical Data...... ..._...... .....................6 4.2.3 Notice of Differing Subsurface or Physical Condibms ......6 4.2.4 BNGM ERs Review _..._6 4.2.5 Possible Contract Documents Change__._ _.....-......._............ 426 Possible Price and Times Adjustments .,,,, ......_4-7 4.3 Physical Conditions --Underground Facilities 7 4.3.1 Shown orIndicated 7 4.3.2 Not Shown or Indicated .... .._...........7 4.4 ReferencePoints_.__- ... ...- ... .... ..7 • It .1aTY OF FORT CO P9 MODVICA90149 MY999) Article or Paragraph Page Article or Paragraph Page Number &Title Number Number&Title Number 4.5 Asbestos, PCBs. Petroleum, 6.25 Subm itml Proege dines; CON- Eamrdous Waste or I RAC'T0R'a Review Prior Radioactive Materiel .................... 7.8 to Shop Drawing or Semple Submittal_.... _............................ 16 5. 13ONDS AND INSURANCE ...._.......__................ 8 6.26 Shop Drawing&SmnpleSubmil- 5.1-5.2 Performance. Payment and Other tale Review by ENGINEER ...16-17 ..................... _......8 Bands __-._...and 6.27 RespcnaContytor 5.3 en ors; Licensed Ses eerimians Fran Contract Documents..,..,,,., 17 of fi erase ... _ ................ CNTRA 8 6.28 Related Week Performed Pricer 54 TORFssmance CONIRACfOR's Liability mENGIISEER's Review and Insurance ......_..._._...____..,,,_,_9 Approval ofReq..d 5.5 OWNER. Liability lnmaanea, ............... Submittals,,,,,,.... ................ 17 5.6 Properlylnsurence ......................... 9y0 6.29 Continuing the Work, ..._............... 17 5.7 Boiler and Machinery or Addi- 6.30 GONTRACTORs General timal Property bmumnce ..... ........ ._ 10 Waranty and Gumantee..,17 5.8 Notice of Cancellation Perainon, ......... 10 6.31,6.33 Indemnification..._ .. .................. 7-18 5.9 CONTRACTORa Respmmibility 6.34 Survival of Obligations..,_ .............. 18 Ear Deductible Amount.. 10 5.10 Other Special lnsumnce.................... 10 7. OTBERWORIC............... ..................... ............. 18 5.11 Waiver of Rights ................... ..11 7.1-13 Related Weak at Site ...... ................. 18 5.12-5.13 Receipt and Application of 7.4 Cmrditam............ .... ........... .....18 Insurance Prccmds..................... 10.11 5.14 Acceptance ofBmds andlnsa- 8. OWNER'S RESPONSIBILITIES ...... _..... ............ 18 ana; Option to Reptaa,,,............... 11 8.1 Came, a ieatiautoCON- 5.15 Partial Utilization-Propeny TRACTOR,........... Insurance ... ...._..................... 11 8.2 Replaament ofENGMEP........ .. 18 • 8.3 Furnieh Dale endPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ............... 11 When Doe ... ................ ... .......... 18 61-6.2 Supervision and Superintendence._ _ 11 SR Lenda and Easements; Reports 63-65 Labor, Materials and Etlopment..11.12 and Teats._ ................_.......... 18-19 6.6 Progress Sahedul ... _....... ........ .......... 12 8.5 Inseranoa...................................... 19 6.7 Subni stem and "Or -Equal" Items; 8.6 Change Orders ............................. 19 CONTRACTOR'.Expense; 8.7 Inspections, Tests and Subgmute Cmmorelion Appaovalx .._._.................. 19 Methods or Procedures; 8.8 Stop m Suspend Work ENGINEF,WsEvaluation ...... .... .. 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services ..................................... 19 Suppliers and Others; 8.9 Limitations an OWNER'S Waiver of flights _.__13-14 Responsibilities ..... ................ .... .19 6.12 Patent Fees and Royalties ... ...__.... 14 8,10 Asbcsta, PCB% Patrolman. 6.13 Permits._....._...._ _....__..._......14 Bamrdms Wage 6.14 Law. and Regulation._...............14 Radioactive Material._....._..........19 6.15 Tax. ........... ............. ..___..._._74-15 8.11 Evidenaof Financed 6.16 Ue..f Promises,_ ............._............. 15 Arangementa._........................... .19 6A7 Site Clemdrneas .............. .................. 15 6.18 Safe Structural Loading,,,,,,,,,,,, t5 9. ENGINEER'S STATUS DURING 6.19 Record DCCmrtent..... _75 CONSTRUCTION ............ ...................19 6.20 Safety and Protection .............__.. 15A6 9.1 OWNER'. Represemativ................ 19 6.21 Safety Representative ......................... 16 92 Visits to Site ..... ............... .............. 19 6.22 Hmnrd Core mamestion Programs...... 16 9.3 Project Representative..-...._..... 19-21 6.23 Emergencies,,,_. _............... ...... 16 9.4 C1ar5eations and laterpo, 624 Shop Drawing. and Sam ple9... ..... ...... 16 mtimas...................... ..._........._. 21 9.5 Authorized Variations in Wak.......21 at g MRmIl.aL COMIMOM 19104(IM r]IIIIDM w/ COY or rORT COLLIWS MOMF CAMON3 MJTV Wan • r� u • Article or Paragraph Page Article or Paragraph Page Number&Title Number Ninnber&Title Nuntar 9.6 RejectingDefecbve Work .. ................ .21 13.8-13.9 UncovaingWork atENGI- 9.7-9.9 Shop Drnwing, Change Orders NEER's Request ..................... V-28 and Payment.,,,,,,,,,,,,,,.. ............ 21 13.10 OWNERMay Stopthe Wak..._....28 9A0 Demrminatims fin Unit Prices ....._21-22 13.11 Correction or Removal of 911-9,12 Decisions oa Disputes; ENGI- DefeeMve Work, ....._.____..__._28 NEER as Initial lnteepreten .............. 22 13.12 Correction Period ............ ._... .... _. 28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDdectise Work....._. 28 Authority and Responsibilities, 22-23 13.14 OWNER May Correct Defective Work ................ _................ 28-29 CHANGES IN THE WORK ........................._..__._ 23 10.1 OWNER. Ordered Change ........ .... _. 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Clean for Adjustments._... _...,,,, _.23 COMPLETION ...... ....... .................. .... ._......... .29 10.3 Work Not Required by Contract 14.1 Schedule of Vatu......................_..29 Documents .............. ................_..... 23 14.2 Application for Progress IO.A Change O`ders. ..........................__... 23 Payment....._......___.... ........... 29 t0.5 Notification of Surety,,,,,,,,,,,,,,,,,,,,, 23 14.3 CONTRACTOR Warranty of _. Title ...................... .ppli . _..... 29 CAANGE OF CONTRACT PRICE ......................_. ... 14.414.7 Review of Applications [a ati o 11.1-113 Contract Pricy Claim fa Progress Payments__,.,,,, Z930 Adjusmtenk Value of 14.8-14.9 Substantial Coru,leticar .... .. ......... 30 the Work ._..........._..._........ 23-24 14.10 Partial Utilisatiat _....... 3631 11.4 Cost ofthe Wark.......................... 7A-25 14.11 Final Inspection ...... ................ ........31 11.5 Exclusions to Cos of the Work.......... 25 14.12 Final Application for Peymenl....._. 31 11.6 CONTRACTOR'S Fee......_ ................ 25 14.13-14.14 Final Payment and Acceptance....... 31 11.7 Can Remrds,,,,,,,,,,,,,,,,_,_............ 25-26 14.15 Waiverof Clidns..........__.__ 51-32 11.8 Cash Allowureces ,,,_26 11.9 Urut Price Work ................. .._.. ......... 6 15. SUSPENSION OF WORK AND TERMINATION ........................_....._....__...__32 CHANGE OF CONTRACT TIMES ................. ........... 26 15.1 OWNERMay SospeadWork.......... 32 12A Claim fa Adjustment _...__..... 26 15.2-15.4 OWNRRMey Terrarium ................. 32 112 Timeofthe Essence ,._................... Y6 15.5 CONTRACTOR May. Stop 12.3 Delays Beyond CONTRACTOR'S Work or Termirmle...... .......... 32.33 Control. _............ _.. _................ _26.27 124 Delays Beyond OWFIERe and 16. DISPUTERESCLUTION......, _....................._.. 33 CONTRACTOR'a Control27 17. MISCELLANEOUS .............._....._................... 33 TEST S AND INSPECTIONS; CORRECTION, 17.1 Giving Natice ............................... 33 REMOVAL OR ACCEPTANCE OF 17.2 Confutation of Tim aa.................... 33 DEFECT(FEWORK __.._......... 77 173 Nadec.fCliim ...._33 13.1 Notiw ofDefecue __._.._.27 174 Cumulative Remedies _......33 13.2 Awes W the Work ............... 27 17.5 Prolasstu al Fees and Court 13.3 Tests and lnspwtions; Cnslslreluded.......... _._._.,... ..... 3 CONTRACTOR. Coopemlion...,,.„_27 17.6 Applicable Stone Lam_ ...... .... .33-34 13 4 OWNER. Responsibilities; Intentionally left blank ....... ...................... ........ 5 butependcrrt Testing Laboratory,_.... 27 13.5 CONTRACTORS E33EBIT GC -A (Optimal) Responsibilities ................ ...27 Ihsputa Resolution Agmcmen(.................._GC-Al 13.6-137 Cavaing Work Prior to lnspoe- 16.1-16.6 Arbrtration............................_GGAI lion, Testing or Appr..4................27 16.7 Maaiation ...... ........................ GC -Al EAW C£N9ULC 1110191910-8(1990 MY10N) w/ a1Y CF PORT COLLM MMMCA70M (MEN 9199) INDEX TO GENT RAL CONDITIONS City of Fort Collinsmodificanons to the General Conditions of the Co sinuction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance__. _...___ ....................... 5.14 delecfive Work ... ...... 10.4.1. 13.5, 13.13 final paymenF.. _..... 9.1Z, 14.15 lnlnarice _.... ............... @14 other Work by CONTRACTOR.. 7.3 Substitutes and'Or-Equal" Iteme_.._ _.......6.7.1 Work by OWNER ..................... ..... . 7.5, 6.30,.6.34 Access to the -- Lands, OWNER andCONTRACTOR icepmsibilities............................................. 4.1 site, related Work _._... ....... 7.2 Work . ........ ................ ..__....._...:13.2,13,14,14.9 Acts or Ornmorm-, Acts and Ohn issmns- CONTRACCOR ... _........ .................... 6.9.1, 9.13.3 ENGINEER .............. _... _..... _........ ..... . 6.20. 9.13.3 OWNER....................... .... .......... ............ .20. 8.9 Addenda --definition of (also see definition of Speeificalions)......(1.6, 1.10, 6.19), 1.1 Additional Property his mances ...... ................ 5J Adjuamtents- Contmct Price or Contract Tim a ................. _.._... 1.5. 3.5. 4.1, 4.3.2, 4.5.2, .............................4.5.3. 9.4. 9.5. 10.2,10.4. ................................ _...._;11, 12. 14.8, 15.1 progress schedule, ........... _ ......... .................... 6.6 Agreement- definitionof... ...... ......... __._._..... 1.2 'AII-Risk'Inmemi .policy f«m................. _..... 5.62 Allowances. Cash ................................................... IL8 Amending Contract Documentg................................ 3.5 Amendment, Written -- in general ............. ,., 1.10, L45, 3.5, 5.10, 5.12, 6.6.2 ................. 6,8.2, 6.19, MI. 10.4, 11.2 ............... ......... I ...... .... 12.1. 13,12.2.14.7.2 Appeal, OWNER a CONTRACTOR intentto-_,,,,,..._-.,....._. 9. 10. 9.11, 10A. 16.2. 16.5 Application for Payment-- defmitionoF __...._.... ..... _..._13 ENGINEER. Responsibility ...... ...........99 final payment .... ........ ...,9.13.4, 9.13.5, 14.121435 in general., ........... ............ 2.8, 2.9, 5.6.4, 9.10, 15.5 pmgress payment........._........ _................ J,13-14.7 review o(........._....................................... 14'4143 Arbitration...._...................._...._......._.........:16.1-16.6 Asl ame.- claims pumamrt therein .... ...._......... ......4.5.2. 4.5.3 CONTRACTOR authorized m stop Work,......... 4.5.2 definition of, ............................. ........................ 1.4 Article or Paragraph Number OWNER rosponsibilityfor,,,. .... ......... .5.1, 8.10 possible price and times change ..............4s2 Authorized Variation in Work......... 3.6. 6.25.6.27. 9.5 Availabdhyof Lands ............... 4.1,8.4 Award. Notice af-defined._......................... ......... 125 Before Starting Cooalructien. _ ........ 2.5-2.8 Hid -definition of .. ..... ......._ ,,,,_, 1.5 (1.1, 1,10. 2.3, 3.3, .,,,,, 4.26.4, 6.13, 11.4.3. 11 9.1) Bidding Documents --definition of ._..._..... 1,6(6.8.2) Bidding Requirements-deftnitimt Of ......................................... 1.7 (1.1. 4.26.2) Bonda-- acceptance of ........................... ......... .......... ......$.14 additional bond... .................... .........10.5, Il L59 Cog of the Work ............ .................. ....... ........ i L5 4 delivery of ....................... ..._._._......._....._. 2. 1. 5.1 final Application for Paymern_.............. general .. ....... ..................... ........ 1.10, 5.1-5.3.5.13. ......-- ............................ 9.13, 10.5. 143.E Pofomance, Payment and Other ..... ............. 5.1-5.2 Bonds and lnsmance--in general .... -... ... ..... ._......... ... 5 Builder's risk 'ell -risk" poliyform...... .... _......... 5.6.2 Cancellation Provisions, Insurance,,,_,,, 5.4.11, 5:8, 5.15 Cash Allowances .......................... _...._....P.B Certificate of Substantial C0mpleti0n.......1.38, 6.30.23, ................. _....... .__14.8, 14.10 Certificates ofInapcotiorl................... 9,13 4, 135, 14.12 Certificates of hmmance_........... 2.7, 5.3, 5 4A I, 5.4.13, 14, 913 4,14. 12 Change in Contract Price -- claim forprice adjustment ....... _... fI, 4,2.fi, 4.5, 5.l5, &8.29.4 _................. 95, 9.11, M2, 10.5, I1.2.13.9, . 13.13.13.14,143, 15.1, 165 CONTRACTOR'sfce................... ... ... .._._....... 1L6 Cost of the Work geneml........................................_..._71.4-11 3 Exclusions to____ ................. .... ..115 Cost Records ............._........ _., _...................... 11.7 in genmal__„_..... 1.19,1.44, 9.11, 10.4.2, 10 4 3, 11 Lmnp Sum Pricng..................................... .. 11.3.2 Notification ofSnraty.._..._._......_ ..................... 10.5 Scope oj,......_........................................... 10.3,10.4 Testing and Inspection, Uncovering the Work_. ............................... 13.9 Er(= M?dlkaL COImBIM 19104 OM FDITIOM . w/ OW OF PORT C01MIS MOOn4CATIM MV 91") • Cl Unit Price Article or Paragraph Number Value of Work.._......__......__............__.._..... 11.3 Change in CmtraaTimes- Claim for times adjustment ...... 4.1, 4.2.6, 4.5, 5.15, _......... 6.8.2.9.4, 93.9.11, 10.2, 10.5, 12A. ......._......13.9. 13,13. 13, 14. 14.7, 15.L 15.5 Contraction] time lira As,_ _.._.......12.2 Delays beyond CONTRACTOR. control ..................... .....- _...12.3 Delays beyond OWNER'. and Ct'yNTRACTORs control ....... ........ ............. 12A Notification of surely ......... ..................... 10.5 Scope of change ....................................... 10.340.4 Change orders -- Acceptance ofDejecnue Work ............. __........ 13.13 Amending Comma Doormente..........................3.5 Cash Allowance.......... ................. .................. 11:8 Change of Contract Rice ................ Il Change of Contract Timeg............................_.... 12 Changes in the Work..... ......... ..... ...................... 10 CONTRACTOR's fee .. ............................... .... 11.6 Cast of the W«k.........................1l.0.11.7 Cod Records ........................ ............................ 11.7 definition of . .......... ......_.................... 1.9 emergencies......... _.................. _....................0.23 ENGINEER'. respondl ility.._9.8, 10,4, 11.2, 121 exmu im of ................ _... __... .......... .......... 0A Indestatictim ....................._. 6.12, 6.16, &M433 Insurance, Bonds and,,........_.....,.._$.10, 5.13, IOS OWN mayfaminete_..........................15.2-15.4 OWNER's Responsibility ............. ................ S 6, 10.4 Phyded Conditions- Srbsurface and .. ........... _........ ........ ......._,,, 4.2 Underground Facilities- .............._......... _. 4.3.2 Beard Durum ants.... _... .. ................. ..... _....... 6.19 Snipe of Change..........._........._ .............. 10.3.10.4 Subsumes .._..... ......... _.... 63.3,61.2 Unit Price Work ....__... ___...._ ......... 11.9 value Of Work, coin«ed by ,,..... _........... i1.3 Changes in the Work_ _..... ...__........ ...10 Notification ofauretY:....................................... 10.5 OWNER'S and CONTRACTOR. respmsibilitias.... .............. ................. .... ... 104 Right to an adjustment........ ... ..._............... .._10.2 Snipe o[change.... _......... ................._....10.3-10.4 Claims - against CONTRACTOR ...................... ............ ..616 against ENGINEER ......................................... 6 32 against OWNER_.__ ....................... ..,............ 632 Change of Contract Price,... _................. _ 9.4, 11.2 Change of Cmtraet Times .......................... 94, 12.1 CONTRACPOR's............. 4, 7.1, 94. 9.5, 9. 11, 10.2. ..............11.2, 11 9, 12.1, 13.9, 14.H, .... ....... ............ 15.1, 15.5, 17.3 CONTRACTOR.Fee Article or Paragraph Number CONTRACTOR's h0oldy....,.... .4, 6.12, 6.16, 6.31 Cad of the Work_.............._............._....11.4, 11.5 Decisions an Disputes, ........ ............ ... _.9.11, 9.12 Dispute Resolufim._.................._..................... 16.1 Dispute Resolutim Agreement ..... _._.._16.1-16.6 ENGINEERas initial inte[podan .........._.......... 9.11 Lump Sum Pricing ...........................__....._.. 11.3.2 Notice of„_,,,,,,.... ... -,........... ITT OWNE$'s................_. 94,9.5,9.11, 10.2, 11.2. 119 ..... .....- ... ....... 2. 1, 13.9, 13.13,13.14, 17.3 OWNER'S liability, ..... ._.....55 OWNER may refuse to make payment ...... 14 7 Professional Fees and Court Casts Included ........................................... .......... 17.5 request for («coal decision oW..._.........._..........9.11 Substinne limns ........... ..6.7.1.2 Time Extension ......... ..........12.1 Time requiremrnts......................... ......_. 9.1.1, 12.1 Unit Rice Wok ... ...... ............ ............... ___ .... 11.9.3 Valueof ..........................__.......__......_.... _.... 113 Waiver of --an Final Payment ....... ......... 14.14, 14,15 Work Change Directive ..... ................ ........... ..... 10.2 written notice regained .....................9.11, 11.2. 121 Clariftcations and Inunpremtions,...........2.6.3, 9.4, Al l Clean Site _ ......................... .......... ..................... 6,17 Codes of Technieal Society, Organization or saaciatim ...........3.3,3 Commencement of Contract Times,.,,, $3 Cornmuncations-- generel.... ............. ..'_'._.._...... ........... 616.9.2, H.1 Flanird Communication Programs, ..................... 4.22 Completion - Final Application fo[ Payment .......... ............ .14.12 Final inspsation.................................. _...._.... 14.11 Final Payment and Acceptance_ ............ 14.13-14.14 P.Mud Utilization ....... ..... ..... .... 14.10 Sulbstantial ... ..........1.38, 148-149 Waiver ofCli em ......... .._. 14.15 Computation of Times............... .............. ..17.21-17.2.2 Concerning Subcmiractors, Suppliers and others ............... _.............. ................. 6.8fi.11 Cmf en«s-- iruhtdlyacea tables h daley..................._.._..... 29 prevares etice,_..................... ......._.._............. 2.8 Cmflwc Etr«, Ambiguity, Discrepancy -- CONTRACTOR to Repot ..........................2.5, 3.3.2 Constmace, befoe starting by CONTRACTOR.,...... _ ............:..:................. 2.5-2.7 Constru.Um Machinery. Equipment, ate .................. 64 Cmtnumg the Wok .................................. ._629,10.4 Contact Documents- Amending......_ _...__ _.._.. 3.5 Hinds ........_.. ....._.. _..._$.l E C&NE8A6 COWMOM 1910 a p990 FDITIOM w/(IN W FORT COLWNS WOOIFICA90NS (REV 91") � � Ll � l: ............. . � Cash Article or 1Rralpaph Number Change of Contract Price :................._.........._..... 11 Change of Contrecl Times.._ ... ......... .... ....... --12 Changes in the Work ..._.... ..... 10.4-10.5 check and verify ___. __......2.5 Clarifications and Interpretations-..._ ............. 3.2, 3.6, 9.4,9.11 def titian of ..............._.............. _ ............ ..... 1,10 TNGMEER as initial interpreter of,___ ......... 9.11 ENGINEER as OWNER§ representative,,,_,_,__ 9.1 general3 Insurance ................................ _. _,. _........... _...5.3 Intent__._ ................................................ 3.1-3.4 in inor variations in the Work ........... .... ............ ..3,6 OWNER's responsibility in furnish data _............. .3 OWNER'S responsibility to make prompt payment .......................... g.3, 14.4, 14.13 precedence..._.. ........_.............._..:3. 1, 3.3.3 Record Documents ....... ..... ......__619 Reference to Standards and Specifications of Technical Socmhes _........ .. .. .......__..3.3 Related Work... ...... ........ 7.2 Reporting and Resolving Discrepancies.......:R5, 3.3 Reuse of ... ..... . _..__ .........3.7 Supplementing _.._._ ..-3.6 TerminationdEN...NEER's Employment 8.2 Urut Price Work_ ........................................ _..11.9 variations ......... ...... ............. ......... 16, 6.23.6.27 vlt Site, ENGINEER'S__ .... .. ........... 9.2 Contract g-- Price - adjustment adjushnent of .... ......... .. 3.5, 4.1, 9.4, 10.3, 11 2-11.3 Changeof .................................. ........................iI Dmision an Disputes...._.................................9.11 definition of .......... ................................. ......... JAI Contract Times -- adjustment o17_._._...._._.........3.5. 4.1, 9.4,10.3, 12 Change of._...._._..._.. _..._..._.___.........12.142 4 Commencement defined. of ........... _�... 1.12 CONTRACTOR-- Aceepmncc of Insurance ...................... ... ....... ..5A4 Communications„....................................62, 6.9.2 Continue Work ........... ............ ........... ...-A29. 10,4 coordination and scheduling,.. .... __ ................ 0.9.2 defrii ers oL........... ......................._..._........... 1.13 Limited Reliance on Technical Deter Authorized....... _......... _... _................ 4.2.2 May Stop Work or Term inare ............................ 15.5 provide site access to others ........................? 2. 13.2 Safely and Protmti....... ,__.._....4.3.1.2, ...........__.......pjc,......., 6,21.623, 7.2, 13:2 Soap Drawing and Semple Review Rim to Submittal ...................................... _625 Stop Workrequhement6................................. 4.5.2 CONTRACTOR's- Article in Paragraph Number Compereation_.................... ................ 1.1-IL2 Continuing Obligation.._. ., _._14.15 Defective Work ........... .... ...... 6. 13.10.13.14 Duty to connat&f cave Week....._._.._. _.._....33.11 Duty to Report -- Changes in the Work caused by Emergency.. ................. ................. 6,23 Defects m Work of Othera......._...._............. 7.3 Differing conditions, ................. .. -.. 4.2.3 Disoep incy in Documents..__..;. 5, 3.3.2, 6,142 Underground Facilities not indicated,,,,,_,,, 4.12 E.ergerarm.................. ................... _.............423 Equipment and Machinery Rental, Cost of the Work ........................_.._ I145.3 Fee --Coat Plus....._........... _..... 11 4 5 6, 1t.5.1, 11 6 General Warranty and Gumentey 6.30 Harerd Communication Programs 6.22 Indemnification,...._.,_,_.._. _._ 6,12, 616, 6.31-6,33 Inspection of the Work..... __. __7.3, 13-4 Labor, Materials and Equipment ... 63-6.5 Laws and Regalatimn, Compliance by. _. _..... . 6. 14_1 Liability Insurance._....... __. 5.4 Notice of Intent to Appeal ......... .......9.10, 10.4 obligation to perform and complete theWork ........... ................ ................_.._...0.30 Patent Fees and Royalties, paid for by ... ............ . 6.12 Performance and Other Bonds _._ ._..... .. 51 Par. its, obtained end paid for by ... ....................6.13 Progress Schedule,_ ....................... 2.6, 2.8,19, 6.6, .........................._.... _...... 6.29, 10.4,15.2.1 Request fo fermal decisimon disputes .............. ,9R l l Responsibilities -- Changes in the Work .......... ........................ 10.1 Concerning Subcontractors, Suppliers and Others ...... ............ ..._........ .._ 6.8-6.11 Continuing the Work... ............... ... 0.29, 10.4 CONTRACTOR'sexpense .............. ......... . 0.7.1 CONTRACTOR'S General Wattanty, and Guarantee.._...._ ............................ 6.30 CONTRACTOR's review prior m Shop Drawing or Semple submittal ................ 0.25 Coordination of Work ................................ 6.9.2 Emergencies.._........................__...0.23 ENGINEER'S evsluatim, Substitutes, or 'Or -Equals Items.............................b.7.3 For Acts and Omission of Obhera......:..................._69.1-6.9.2. 9.13 for deductible amounts ,insurance„_ ............. 5.9 general ................_.......... ........... 6, 7.2, 7.3, 8.9 Hazmdous Communication Progmms.... ...... 622 Indemnifieation..............__.__.....__...6.31-633 EXX M! WMIT10Y5191GA(193a EDITION w/ CITY OF FORT COLL11ei MOOIFICAl10t 5 (REV 9199) • • Labor, Materials and fiquipmen............. CONTRACTORS --oilier .............. ......._.J Laws and Regulation,..................................6.14 CantarrilLiabilitylnsurrince _............._.__..._5.9.10 Liability Insurance .... ........... ._..... .. J.4 Continental Time Limits ......... ,... ............ .......12.2 Article or Paragraph Article or paragraph Number Number Notice of variation from Contract Coordination -- Documents....... ....___._.., 6.27 CONTRACTOR, responsibility„_, _, .,..... 6.9.2 Patent Fees and Royalties ...... .................. 5.12 Copies ofDonments, ........ ... .................22 _._........... .. Permits.... ..............._... .................6A Correction P Roans, Schrdlc .............................6.6 emov...._,Acceptan...........................13.12 COfDgf.on,Remove-or Acceptance cm........._ Record Dwsunenls........... ....................... .,619 aFDefecfive Work-- relatedWork performed prior to in general ........... .... ........... 10.43. 13.10-13.14 ENGINERR's approval of required Acceptance ofDefeetive Work...........................13.13 submittals 6.28 Correction or Removal of .................................. structural...................618 loading, safety Defective Work ._...... ................. ....._ It 13A2 Safety and Rrnecti ad ...........620, 7.2, 132 Correction 1 11 13.12 ve Safety Representative, 6.21 May Correct OWNER May Carsa[Dojecfive Work ,,,,,,,_,,, 13.14 Scheduling the Work..... _........ _._6.9.2 OWNER May Stop Work ......................... ..... 13.10 Shop Drawings and Samples ........................6.24 Carer, Shop Drawingsand Samples Review of Teats and Inspection9......_ ............ ............ ..... 134 by ENGINEER .._....... ,.... ....................6.26 Recmda11.7 Site Cleanliness ........................................ 6,17 Cost ofthe Work — Submittal Submittal Rocedurrs.................................. 6.25 Bands and insurance, additional ...... ..........._I14.5.9 Substitute Construction Methods Cash Discounts .......... ..._....._......... ._..._ .... .. 11A.2 and Procedures,,, --- 6.7.2 CONTRACTORaF ........... ,,,, . ...,.... 11.6 SuSubstitutes_-Eq I .rem§ ...... .. 6] ee Expenses ...... EmpEmployee,, ., 11.4.5.1 Supe rmdecou.ence.,.,., • ._6.2 Exclusions to.... .. _.. ....... 11.5 Supervision.....igations........................ ......... eea1 Survi a<of Obligations................................6.34 6,34 Ho ices d Home office entl ovefieed expenss.......... _..._I1.5 Taxes ............. ... .......... .........6.15 Losws and damages _.... 1143.6 Tesmarrol omeccons _.._..___ 13.5 Materials and equipment ........ ...................... I1_4.2 To Report... .... .... _... ............ . ..._.2.5 Minor expenses. ......... .._... _......11AJ.8 Use Cfior toSo,.Drawi_,......6.16-G.16, 630.2.4 61 peyroll nts on anges .............................11A.1 Review Rim to Shop brewing— rformed bySubhontrac._ performed by Subconnactos....... .........._._...,,11.4.3 Semple Sutrnitml............... ._. _.._....__... 6.25 Recmds11.7 Right to adjustment far changes in the Work.. �, 10.2 Rentsls of wnstmetion equipment right to claim,,,.,,,,.,, 4, 7.1, 9A, 9.5, 9,11, 10.2.11.2, and machinery... .... .........mail ....... . _.......11.45.3 ..........roteI 9, 1,, , 13.9, 7 L 1T5, 17.3 Royalty payments, perm.... and. &20-6 ]2, Safety and Promotion......._.___..... license .............. .2.. ... _..6.24-6.29 Shop and 6.21 Site office dtaim.......rylis....,.._._ tecilitip... .._........:P.4.5.2 11.4.5.5 Drason al St.__........... i 5hoplhxwirrgs end Samples Subminals.... 6.24-6.2B CO Special CmaWtants,CONTRACTOR'S.._........}].4.q Special Con ault8nis.._... — ._......... . Substitute Coaswetion Methods and Procedures„6] o Taxes related N the Work ............................1.. 4 SubstiNtes and"Or-Equal"Items, Tests and inapectioq........ ._........................_....13.4 13 Expense ...... 6.7.1, 6.7.2 Trade Discounts ....lira...,. ........_. 11.4.2 Subcontractors, SuppliersandOthers., 62, 6,11 Utilities,fuel ad fac.............. ....... Supervision and Superintendence b, 1, 62, 6.21 rregular hoaery Work after regulerhaurs_._............................. 11.4.1 11A.1 Taxes. Payment by _.._...,.... .15 Covering Work ... .......... ..... ......... .........13,6-13J Use off'rentuen..............._...................... 6.166. IB Cumulative Remedies......................_.,........_J7.417.5 Warranties and guarantees....., _. _..._....... 6.5,6.30 Cutting. fitting and patching_ ............... ................. .. 7.2 Warranty oTitle,._ ..............:_._......__..... 14.3 Dale,robefurnished byOWNER, .............. _.......... Written Notice Required— Day —definition of,,,,,,,,,,,,,,_,,,,,,,_,,,,,,,,,,,,,.,,,,,,,,,1722 7.2.3 CONTRACTOR step Work or tormtrmt¢.... ... 15.5 Decisi.. Dmpmak...._..._. _..................... 9,I1;9.12 Reporteof Differing Subsurface defective -definition of_ ....... ............... ........... ..... 1.14 and Physical Conditions...._................_4.2.3 defctive Work.. Substantial Completion........_ ...................... 14.9 Antaparc, of............ ... _..................... 10. 4.1,13,13 At • pRA�CR P�tLW1.1.IN31 MODIPICARONa taHV9 Correction or Removal of ................. ... 104.1, 13.11 Carnation Period ....................................... 1112 in generd........................ ............... 13, 14.7, 14. 11 Article or Paragraph Number Observation by ENGINEER ...................... ...... .... 91 OWNER May Stop Work ..___. ... ..... 13.10 Prompt Native of Defacts ...... ............_......... _..13.1 Rejecting........................................................... 9.6 Uncovering the Wok..._....._ .......................... AS Defircians ......._.. ................. .....................I Delays .._...................... Al. 6.29,12.3-12.4 Delivsy of Bonds.... ...........2.1 Dahvery of certificams aF insurance ............._........... 3.7 Determinatiams for UN[ Prices.................... ............. 10 Differing Subsurface in Physical Conditions - Noticeof, ...... ........ .............._..............._.........4.2.3 ENGNEER's Revissr ..._............._......._.. 4.2.4 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustments. ..........._4 IS Dvcrepanaa-Raporting and R.I in6.............................._2.5, 33:2, 6.14.2 Dispute Resolution-- Agreem ent........................................... _ 16.1-16.6 Arbitration ......... ...................................... 16.1-16.5 generell6 Me lotion........ ..... _. _. ....... 166 Dispute Resolution Agreement ....... 16.1-16.6 Disputes, Dacisiom by ENGINEER......... .... ..... 4.11-9,12 Docmnents-- Copiesaf......... ..... __..... ..... ...... ........................ .2 R.md619 Reuseof._ :...... ............ .. _........... .._....... .7 Drawings--dolinilion of ...... ............... 1,15 Easements ......._... ........... .. ._4.1 Effective data of Agreement -- definition of _........... 1.16 Emergencies............... ........... _.,...... __....................0..23 ETIGPN R- as mend mtiamemr on disputes._ .......... ... 9,11-9,12 definition of..... _._1 ........-1.17 Limitations tar authority and responsibilities..... 9.13 Replacement of.. ............................... ................. 8.2 Resident Project Representative .. ................_.....93 ENGTNEER's Consultant -- defmitiou of..................1.19 ENGINEER, authority and responsibility, limitations M.._._; 919 Authorimd Variations in the Work.__.....___. 9.5 Change Orders, responsibility fa ....... 7. 10, 11, 12 Clarifications and lin-jactatims ......3.6.3,9.4 Decisions on Dispues.................... ........... 9.11-9,12 defective Work, notice of ............. .................... 13.1 Evaluation of Substitute Items ................_... 6 73 Liability_ ....._........ ....................._..._.....¢.32, 9.12 Notice Work is Acceptable ............. ....... ......... 14.13 Oh madam.. _ ....................................... 6.30.2. 9.2 OWNER's Repre ccamive......... ........... ............... .1 Paymamts to the CONTRACTOR, Respectability for ... ....... ........ .......... ..._..9.9, 14 Race mendatonof Paymont...,,_,_.........14A, 14A3 Article or Paragraph Number Resportib0itiea-Limitatioav on .......... 9.11-9.13 Review of Reports an Differing Subsurface and Physical Conditions ...................._...... 4.2.4 Shop Drawings and Samples, review responsibility _ ........ ...._..._.._....6.2b Status During Cmstrection-- autherieed variations in the Work..................9.5 Clarifications and Interprctatimmq .................. 9.4 Decisions on Disputes ... ... .............. ..... 4.11-9.12 Gets. matims on Unit Price.....................910 ENGINEER in Initid Interprets,.,,..._ 9AI-9.12 ENGINEER'S Responsibilities.....__....... 9.1-912 Limitations on ENGINEER's Authority end Responsibilities..........._.._ ............. 9.13 O WNER's Representative .............................. 9.1 Project Representative__........_. ............................. 93 Rejecting Dq(ecdve Work .............................. 9.6 Shop Drawings, Change Orders and Paymens................................... 9.7-9.9 Visits to Site. ..................................... ....._.._ 9.2 ra Unit Price deterin¢lions......._..............._._._„9.10 Volts to Site ........................... ...... ...._ ............. 9.2 Written consent repaired ..........._..........._.,7.2, 9.1 Equipment, Labor, Moulds and ........... .... ......... 6.3-65 Equipment rental, Cast of the Work_ ...... ......_ 11.4.5.3 Equivalent Materials and Equipment ....................... 63 error or ommstons............. .... ............... 0,33 Evidence ofFinancial Arrangements _,........ .11 Explorations of physical conditions .... .. 4.2.1 Fee, CONTRACTOR'S -Cosh Plus, Field Ordern, sE i[ion of..........R...................................61. 19 i issuedle ENGNEER......... ..........._. 95 .... ... b.L 9.5 Find APplia far Payment ....................... 14.12 Final I im.. .................. ...............14.11 aymentq Final Payment-- ................ andrto,fo 14.13-14.14 ca.........sarc._... Prior to, for cash ellawnces ...............................11.8 General Provisions_ ....................... _......... ..... 17.3-17.4 General Requirements - definition of. ..... .......... ... ................................. . 120 principal references to .............. 2.6, 6.4, 6.66.7, 6.24 Giving NIXce ........... ..._.....................17.1 Guamntce oC Wok -by CONTRACTOR........ 6.30, 14.12 Hazard Communication Programs-....... .................. 622 HerardousWaste- general............................................................. 1.5 O WNER's resWnsibility fen .................. _.......... 8.10 EX= MrmRAL LORpIPM 19104(IM®1' OM wl ('1'IY OF PpAT COLLIN9 MOnImCATCT9 pro V W9Pf CI • • Indemnification ....... .......... ._.,,...... 0 IZ 6.IL, 6.31-6.33 Initially Acceptable Schedules ..................„ 2.9 Inspection -- Certificates of .............................. 9.13.4, 13.5, 14.12 Final .......... ... ....... ........... ........................... 14,11 Article or Paragraph Number SPecal, required byENGINEER . .. ... ..........._..96 Tests and Approval..._,,,,,,,,,,,,,,,,,,,,,,, Tmerance- Acceptance of. by OWNER ... _.... _............._.._ 5,14 Additional, required by changes in the Work_.. .... ._. ............... 11.4 5 9 Before starting the Work_ .................. .............. 2.7 Bonds and --in Bmor at.................................._.,....5 Cancellation pro,c ions....................................5.8 Certificates o[_._...._..__ 2.7, 5, 5.3, 5.4.I L 5.4.13, .....5.6.5, 51, 5. 14, 9. 13A. 14:12 completed weretians..................................... S 4.13 CONTRACTOR. Liability„_ ........................_... 5.4 CONTRACTORS objection to coverage.............5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTORe responsibility ................................................5.9 Final Applisaion for payment ,__............... ,,.14.12 Licensed Insurers ................_..._....................... 5.3 Notice rac airsments, material cbangq....... 5.8, 10.5 Option to Replace ......................_..................... 5,14 other special insurences..........................._...... 5.10 OWNER as fiduciary for insureds.__....._..5. 12-5.13 OWNERS Liability ............................................ 5.5 OWNERS Responsibility, ._... _ 1.5 Fueled Utih.tierr, Prcperty Insurance .... ......... .. 5.15 Property...... _........... ........... ...................... 5.6-5.10 Receipt and Application ofloswance Proceeds ._...,...................................... 5. 12-5,13 Special Insuranw......... _.. _. .....5.10 Waiver of Rights ................ ...... ...... ..... 5,11 Intentof CantractDocumente _.___....3.1-3.4 Inlmpmtetions and Clmificanorle......... ........ _ 3 6 3, 9.4 In.esta,doeis of physical cradmony......... ............_ 42 Labor, Materials and Equipment ...__......6.3.6.5 Lands -- and Easements ..... ..._.__ _...... _..........................8.4 Availability of ............... ..................._....._.. 4.1, 8.4 Reports and Tests._.... ...... ............ ........... 0.4 Laws and Regulations --Laws o Regulations - Bonds...... _...............................................5.1-5.2 Changes ur the Work ... .... ................... ... _....,10.4 Contract Docureents....................._.................... 31 CONCRACTORs Responsibilities........ _..... _....0.14 Gorremion Period, &fer8ve Work .................... 13.12 Cost of the Wink texas............. ............. ..... 1 L SA definition oC........._............... .................._._...1.22 genetal6.14 ]ndemni fiwii.................... _... _.......... _6.31-6.33 Insurance........ __.._ ..........5.3 Precedence._... _. 3. 1. 3.3.3 Referenceto... .... ............ ... _............................ 5.3.1 Safety and Pratedion ._.............. .......... 6.20, 13.2 Subcontractors, Suppliers and Others...........6.8-6.11 Article or Paragraph Number Tests and Inspections._._ .................._........ 13.5 Visitsto Ste . ............. _....... .___ ..... .................... 9.2 Liability Insurance-- CONTRACTORs......................... _.......... _........5,4 OWNERs..... _._ ...__..... ...................... 5.5 Licensed Sureties and Inswars........._..._..........._.._53 Lim, for Progress Payment .......................14.2 CONTRACTORs Warranty of Title.................14.3 Final Application for Payment........ ._.__ 14.12 definition of ............................. ....................... .123 Waiver of Claims._.........................................14.15 Limitations on ENGINEER'& authority and responsibilities... _........... _............ _.... 9.13 Limited Reliance by CONTRACTOR Authcrimd......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for payment ..........................14,12 Menuale (of others)-- Procede us..._ .................._ ......................... Reference to in Contract Iboasente.................. .3.1 Materials and equipment - banished by CONTRACTOR......... _................... 63 not incorporated in Work .............. ...... 14.2 Materials or equipment--equivalenl ...... ........... ......... 6.7 Mediation (Optional) .............._..................._.. ...... 16 7 Mllestoree-defmitmn of........................................124 Miacellaneoes-- Camputation of7inm............... _. ........... ............,.. 17.2 Cumulative Remedies 174 Giving Notice ......_................. ..... 17.1 Notice of Claim ......._17.3 Professional Fees and Cunt Coats Included .... 17.5 Muhi-prime contracts ......................................7 Not Shown or Indicaedt .4.3.2 Notice of-- AccePtabilityof Proleot ................................... 14.13 Award, definition of ..._............. ... 1.25 Claim_ ................._._.._.,....................... _.... 1.7.3 D.I.-K13.1 Differing Subsurface or Physical Conditions,..... 4.2.3 Giving.... ............. ...................................._.... 17.1 Tests and fmpechons_.................. ....... .........._ 13.3 Variation, Shop Drawing and Simple .............. . 027 Notice to Proceed- defmiGon of_,_._ ................... _, ............ _.. 1.26 Ea0 OEtmIITL COTDIT{OM 19108(1990 MITIOM wl=U. F0RT MN ions MOD pra Afro ai (REV 9199) Notification to Surety ... _......... ............................... 10.5 testing, independent, ............................. 134 Observations, by ENGINEER................_........c630:9.2 use a occupancy Occupincyofthe Werk....._........_,5.15, 6. 30.2.4, 14, 10 of the Work .......................... 5.15,630.2.4,14.10 Omiasiorm or acts by CONTRACTOR ............ _..69, 913 writtenc.fit or approval Open Peril palicyfort, laramere................. 1.1__...5.6.2 required .._....................... ........... _9.1,63, r1.4 Option to Rapt .a.. _............. _. _.......... _................. 5.14 Article or Pmegeph Number "Or Equal" Items ..... ............ ......... ...... ................... _. 63 Other work 7 Overtime Work—prahibitlon of..... ................... ........ 6.3 OWNER-- Acceptence ofajecfive Work ......................... 13.13 appoint en E iGMER..................... ...._...._.. 8.2 as fiduciary............................................._5,12-5. 13 Mmitibilityof Lends, responsibility .......... .......... 4.1 definition of .._........ .................................... 1.27 dale, furnish .................. .................... 83 May ConectDejecave Work __..........__...._13.14 May refuse to make payment ... ...... ........... _....... 147 May Stop the Work .......... _.. _...._.................. 13. 10 May Suspend Work. Tcrromme...... ._................. ..8 6, 13.10, 15.1-15A Payment, make prompt .................... 8.3, 144, 14.13 performance ofethe wok ...................._............ 7.1 permits and licenses, requiremen[g........... ......... 6.13 purchase( lmurance requirementq._.,,_,,..., ............... OWNERs- • Acceptance of the Work............................6.30.2.5 Change Orders, oWigatimrto execute„_..... e.b, 10.4 Communicatlons........................ ........ ........... .... 8.1 Coordination ofthi Work...........__....._._......_. 7.4 Disputes. request for decision, ......... .._..............9. 11 rnspectiam, tests and epprmidg.................. $3, 13A Liability bo urem s,.................... _. _.......... _....... 5.5 Notice of Dialects .................... ......... ................ 13.1 Representative --During Construction, ENGINSERs Stanu._........................... _......;9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Reductive Materiel................$.10 Change Ord ens ..... ...... ... .................. ............. .6 Changes in the Work........................ ....... .. 10A communiations........................................... H.1 MNTRACTORs responsibil ides........... _..... E.9 evidence of financial artengements..... _........$.I I inspections, tests and approvals ... .......... ........ 8.7 insurance.... _...................................... ..... 8.5 nna lands and easemenLS._............................ ...... 8.4 prompt Payment by ........................................ 8.3 replacement ofENCTMER_........................ 8.2 reports and tens ......... ......................... .......... 8 4 stop or suspend Work,,,,,,,,,__, 8.8,13.10, 15.1 terminate CONTRACTORS services..._ .............._......_..........., ,8.8, 15.2 sopma2 reprevantetwe m no.............................�.3 aa E.iTIC OENFAAL CONOIIIONg 19t08(199a EDITION wl C(W OF FORT COLLMa MODIFICATIONS (REV 91") • Article or Paragraph Number written notice rnlulred .......................7.1, 9.4, 9.11, ...— ...............................11.2, 11.9,14.7, 15.4 PCB. -- definition of ........................ _......_...._.,........_J.29 general ...........__.. _._ _ 4.5 OWNER's responsibility for _....... ....8.10 Psomd Uliliratian-- defmition of ................_.........................._ 128 general 6 30.2.4, 14, 10 Property Insurance ........... .... $.IS Patent Fees and Royalties..._ . ....... ......... ....... ._ _..._6,12 Payment Bonds ................. .......5A-5.2 Payments, Recommendation of ... ..... ...... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgresePayments........,, ,_.., 142 CONTRACTOR's Werrontyof Title..._ ..............J4.3 Fhml Application far khyment .........................14.12 Final Inspection....___......... Final Payment and Acceptance ... 14.13-14. 14 general......_ ....... ..... ..... .... ...... ............. .... .....a 3, 14 Partial Utilization ........................................... 14,10 Rummage..... _ ___ ..142 Review of Applications for Progress Payments..,.. 14.414.7 prompt payment ......................_......................... K3 Schedule of Values 14.1 Subtrenti IC itple6on..... ......................... 14.8-14.9 Waiver of Claims,.......... ............ ..__. 14.15 whenas due .......... .. woldingPayment ... _ .__......,...1_4....4...,1413 ..........7 Performance Bond ......_.....__.. . 5,1-5.2 Penoits...........................................................013 Nuclear — general..... _................_..................................... 4.5 OWNER's responsibility fa' ............................. 9,10 Physical Conditions -- Drawings of, in a rotating to, .............. ........ 4.2.12 ENGINEER'. review. 4,14 existing structures ...... ....._...... A.2.2 general 4.2.1.2....... ............ ...................................... . Notice afDiffermg Subsurface o,.....................4.23 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustments, ... _ ....... 42.6 Reports and Drawings .................. .......... ..... ... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions.._..._ ......................... 4.2,1.1 Technical Dona, Limited Reliance by CONTRACTOR Authorized......... _. _.........422 UndergrowdFacitities-- general........................................................ 4.3 Not Shown or Indicted ... _................. 4.3.2 _.. Promotion a_ ....... ....... ..... ..... __ .... 4.3, 6.20 Article or P.ragraph Number Shown ne Indicated ....................._......_................ 4.3.1 Technical Date ................. :........._...........,,, 4.2.2 Preconarmation Conference.. ..................................... 18 Preliminary Matters_ ......................................... ...... .... 2 Preliminary Schcduleg ................ 2.6 Premix., Use of..... ............. 6.16-618 Price, Change of Contract ..._..._.......... _................. 1 Price, Canfract--definition of„_ ........................... L 11 Progress Payment. Appluati ms far.......................... 14.2 Progress P.,orent—rowimige 14.2 Progress wheddle, CONTRACTOR's........._.2.6, 28, 2.9, .......... _.. ......... 6.6, 629, 10.4, 15.2.1 Projechdefmition of .................__......................_ L31 Project Representative-- ENGINEER's Slims During Conslcuction........... 93 Project Representative, Resident --definition of.......... 1,33 prompt payment by OWNER ........................._.......... 8 3 Prapenylnaur.nca- Additional......... ............_. ........ 5 7 geneml5.6-5. 10 Partial Utilization ............................... 5,15, 14,10.2 receipt and application of proceed s_......... 5.12-5.13 Protection, S.6aym f _.................._. _.. 4.20-621, 13.2 Punch list ....................___. _..... 14.11 Radioactive Materia1-- de6ntionof_.. geswm14.5 OWNER'. mi moubthty fq....._. .._. 8.10 Recommendation of Payment ...._....... 14.4, 14.5, 14.13 .Record Documents ....... 6.19,14.12 Records, procedures far mmnmmio............ ...........2A Reference Poinm......_._............._....... _.:................. 4.4 Reference to Standards end Specifications of Technical Societies .......................................6 3.3 RegulatgDgfLaws and (or),,,,,,,, ,,,_6l6 Work......................._...............9.6 Related Worfective Related Work — .I Site .........__ ................__...... ..._.___ 7.1-7.3 Performed prior to Shop Drawings and Samples acbmittals review .... ..... ._ 628 Remedies, cumulative .......... . ......._. 17.4, 17.5 Removal or Cancer. oM fecthe Work ............... 13.11 rental agreements, OWNER approval required,_, 11.4.5.3 replacement of ENGINEER by OWNER_ ................. 8.2 Reporting end Reaching Discrepancies.,...._ ................... 2.5, 3.3.2, 6.14.2 Reports_ andDr.wmgs................................................ _4.2.1 and Tests, OWNER's responsibility ...................... 8.4 Resident and Project Representative-- defmition of 1.33 provision for ............. .................. .._........................ 9.3 • all E1CUCt&'IaiRN. CONp1noD6191a19(199a EDI'r1OM col ©TY ixFDat IXIa4R1a MDMa tTr0M (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR'g............... 6.2 Responsibilities-- CONTRACTOR's-in general, ................... ..............6 ENGINEER'a-in gervcal........... ................... 9 Limitations an ..... ......... .......... ...... ,........... :13 OWNER, -in general ..... _................................... 8 Retainag._...... .............. ........ .... .................. ..... 142 Reuse ofnonneents .............. .. .........33 Review by CONTRACTOR: Shop Drawhrgs and Samples Prim to Submittal .............. _......... .25 Review of Applications for Progress Payment, _. _................... ............... 14,4443 Right to an adjustment, _ .......... ... _............... .. 10.2 Right of way .... ................. _..... .................. ...........4.1 Royalties, Patent Fees and, ...... .... ...........................612 Safe Structural Loading ......... _.___.._..___... .... .... 0.18 Safety -- and Praised .._.......... .................. 4.3.2, 6.16. 6.18. ._..... ... - I ..................... 61M.21, 7.2, 132 general __ ................ _................................fr P6.23 Representative. CONTRACTOR's..............._.....4.21 Samples -- definition of ........ ............. _..... 1.34 general .......... .... .......................... .... _.d 24-628 Review by CONTRACTOR ............. ................. 6.25 Review by ENGINEER _...__ ..._6.26,627 related Work- ......................... .......... ......... _6.28 natural of . ...................... ..... 1......_.6.24.2 submittal proeaiurm..................... ............... 6.25 Schedule ofp,. Tess ........................... 2.6, 2.8-2.9, 66, _...._..... _.......... 6.29, 104, 15.2.1 Schedule 4 Strap Drawing end Sample Submittals...,,,,................. _„ 2.6, 2.8-2.9, 6.24-6.28 Schedule of V.)uses ..... ,_.................2. 6, 2.8-2.9. 14.1 Seh.dules-- Adhermce to__ .... ..._... 15.2.1 Adjusting... _. _.... ............ 6.6 Change of Contract Tim es ...................... ...._.._. 10.4 Initially Acceptable ..................................... 2.8, 2.9 Predim innry................................................... _...2 6 Scope of Changes..............._..............._...10.3-1 DA Subsurface Conditions.. ..................... ................. 4. 2. 1.1 Shop Drawings -- and Samples, general.............. ............... - 6.24428 Change Orders & Applications for Paymenta, end.._....._ ................ _........._9.7-9.9 definition of..... _...... .....3.35 ENGDIEER's approval oI........... .__... ......... 3.6.2 ENGINEER'sresponsibility for review ..................._................ 9.7, 6,24-6.28 related Work ................. ....................__.._........6.28 review procedurea.............................._2.R 624.6.28 Article or Paragraph Naunber submittal required ........... .................................... 6.24A Submittal Procedure.__..............._..........._._.._6,25 use to approve suFefitutions.-_....-- .......... f3.3 Site Accros ... _.... ........ - 7.2, 13.2 Site Cleanliness.......... ........ ....... . _..... 6.17 Sift, Visits to - by ENGINEER .............. ............ ................. 9.2, 13.2 by others ............... .. .....................13.2 "special causes of loss" policy form, insura.............. ........ ...... ......... ...... ....... _._ 5.&2 definition of ................. ._..........._........_..._....1.36 Specifiwtions- definetion of......._......_.............._._._............1.36 of Techniml Societies, reference to...................j3.1 praedence......... .......................... ...... .......... 3.3.3 Standards and Specifications of Techniml Societies„_,_ ......... ..... _. .3 Starting Cormtrieflam Eef e._............................ 2.5-2.8 Starting the Work, . .......................... ........ ... .. , 2A Stop or Suspend Work -- by CONTRACTOR ......................... 15.5 by OWNER .......... .............. 8. 8, 13.10, 15A Stmageofmaterialsund,rupener _.__..... 4.1, 7.2 Structural Lending, Safety„_. „__.. _....... ,18 Subcontractm- Concernm& _......... ..........6.8-6.11 definition of ................._......._......................... 1.37 delays ........_. .....................12.3 waiver of nghts................ .................... 6.11 Subcontractors -.in general ............ ............._..... .................... Subcontrncts--requved prwisions.._._.5.11, 6,11, 11A.3 Sulminnls- Applimtions fen Payment ................................. 14.2 tvlsintereance and Operation Manuals....._...... 14.12 progress Schedules....... .. .............. ._2.6, 29 Samples ................. ................................ 0.24:6.28 Schedule of Valuer...._........._.__._... 2.6, 14.1 Schedule ofShop Drawings end Samples Submunions,._.... ._................... --... 24 2.8-29 Shop Drawings ........................................ 621f6.28 Substantial Completion-- cerliLcatem of„,,,,__.__.............0.302.3, 14.8-14.9 defeat. of ..... ............................................. .. 1.38 Substitute Construction Methods a Procedures....... 6,72 Substitutes and "Or Fqual" Itamy ........... .............. .._.63 CONTRACTOR's Expense ......... ............ ....67.13 ENGINEER, Evaluation ................................. 63.3 "Or -Equal". _. _...... _.......... _........................6 Substitute Conshucu. Methods Ll E xm EICOC MN COMMONS 19104(1990 MIMOM • w/ qM Q' F0 t r COL W NS MOOIFICAM(oZS (REW N99) • • Article or Paragraph Number or Procedures _..................._...... _._...... 6.7.2 Suhstituteltems 6.7.12 Subsurface and Physical Conditions— Drawings of, in or retailing to __. _.__. 42.1.2 ENGINEER'S Review _ 4.2.4 general ..... ....__4.2 Limited Reliance by CONTRACTOR Authorized ................... _- _.............. .....412 Notice of Differing Subsurface or Physical Conditions ...._...__.__......__....... 4.2.3 Physical Conditons_. __. _.. 4. 2.1.2 Possible Contract DOcuments Change.......... _...A2.5 Possible Price mulTimes Adjusments........ ...,, 4.2.6 Reports and Drawings_..._...._........._ ............. 4.2A Subsurface and Subsurface Conditions at the Site ... _................ 42.11 Technical Data........._................................._..,412 CONTRACTOR'Sponsrbdtty... _..,b.l su OWNER shall not supervise_ ... .__. __._.. ..... _.. ENGINEER shall nor supsupervise_.._.9.2, 9.1313.2 Superintendence.._._ ................. ....... ..... .......... . 6.2 Superintendent. CONTRACTOR'S ramdmv(,,,,,, ,,,,62 Supplcmcnml coshs..... .... ............................. ._....11.4.5 Supplementary Conditions — definition o(.....................................................)39 Principal references to, ... .... ......... 1.10, 1.18, 2.2, 2.7, ....... 92,.43, 5.1, 5.3, 5.4, 5.6-5.9, Supplementing Contract DOcummts,,,,,................... _3 6 Supplier-- definitian of. .. ._........ 1,40 principal references tp,__, Waiver of Rghts _....... ....__.._..... 6.11 Su e concess ent to fecal Payment _..................... j...12, 11 ER ENGINEhas no duty t0 ............_.... _9.13 9, Notification of ................_10, 1, 10.5, 15.2 qualification of ... ..._........_. 5. 1-5.3 Survival of Obligations _._._...... 15.34 Suspend Work OWNER May ................... .... )3.10, 15A Suspension of Work and Termination _.. __..15 CONTRACTOR May Stop Work or Terminate ........ .......__..__.,..........,,... 15,5 OWNERlday Suspend Work ... ..... ........ ..... ..._.._15.1 OWNER May Terminate ..... ............. .... ......15.2-15 4 Truces --Payment by CONTRACTOR_...................4.15 Technical Dom-- LimitedReluncebyCONTRACTOR, _,.,..422 POasible Pticeand Times Adjustments ,,,,,,_,_4.2.6 Esparta of Diffining Subsurface and Physical Conditions.. ._..._..__.. 4.2.3 sw Tempmerycoeatructien Article or Paragraph Number Termination -- by CONTRACTOR .. _. .. .. 15.5 by OWNER 8.8, 15.1-15.4 of ENGINSERs employment........ _, 62 Suspenmion of we k sn general.._. ...15 Terms and Adjectives,__ ........... .......... ... 3.4 Tests and Inspections — Access to the Work, by others _.._................ 112 CON1'RACTOR's responsiWitias ................ ...... 13.5 cost of 134 covering Work prior to .... ... ..................13.6133 Laws and Regulations (w)............ ...._......... ..._ 13.5 Notice of Defects ,..... 13.1 OWNERMay Step Work_............................... 13.10 OWNERS independent testing,,,, _134 special, required by ENGINEER..._ .................... 9.6 timely notice required ......................_............... 13.4 Uncovering the Work at. ENGINEER's request__... ..... ... ......... _ 1 ...3.8-13.9 Times-- Adjusang. _. _.. ............_....... .._.....6.6 Change CaoVect._..................................... _ 12 Computation of.... .... ............... .................. 172 Contract Timea--definition of .................._...:,.,1.12 day......... _._............................. ............ 17.22 Requirements — appeals, ...._.__. _........... 9.10, 16 clarifications, claims and disputers, .... _.......... 9.11, 112, 12 Cemmencoment of Contruct Timeq...... .,._.,_2.3. Preconstruction Confirm.„_, ...............71 ached,&a __ 26.2.9.6.6 Startingthe Work ._...... ....._ 2A Title, Warranty of ,,,,,, ,, ,,,,,143 Uncovering Work_ 13.8-139 Uuderground FueilAws, Physical Condition, definition of ...__ _. 1,41 Not Shown a Indicated .._. _. ........ 4.3.2 protection of_,_, ................ , ....... .3,6.20 Shown or Indicated ................. _.....,4.3.1 Unit Price Work-- claans definition of ................................................... 142 genere111.9, 14.1. 14.5 Unit Prices-- generalll.3.1 Detarminutlon for ....................._.................. 9.10 Use of Premiacq................................ 6A6, 6.18, 6.30.2.4 Utility owners 615, 6.20, 7.1-7.3, 112 Utibvatim Partial........ .......... 128, 5.15.6302.4, 14.10 Value of the Work......_ ............... ................... ......... 11.3 Values, Schedule of , ._6, 2.8-19, 14.1 EY=tgNFRAi COMlIT10N51910 suMM11014) wl0 W OF FORTCOLLM MOOInCAVONS(REV 9199) Variations in Work --Minor Authmiud.................. _.........._.... _.6.25, 6.27, 9.5 Article or Paragraph Number Visits W Site -by ENGINEER ....................... _.... _....9.2 Waiver of.Claims--on Final Psyment........ .............. 14A5 Waiver of Rights by Insured parties ..--....... -_5,11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............. ....................... ..... ..... 30 Warranty of Title, CONTRACFORs ................... ....14.3 Work -- bycthws ..... ....................... .""' _.......... ....... ._.._..7 Changes in the ..................................... .... .... _.. 10 Continuing the ................................................. 029 CONTRACTOR Msy Shy Work or Terminate .................. _........ _..............._ 15.5 Cwxdinntim of .......... ............... .............. ..._ . 7.4 definition of.- ..... . ............_..._. _..... 1.43 neglected by CONTRACTOR..._ ...................... 13.14 otherWork...........................................................7 OWNER May Stop Work ..............__ ....... 13,10 OWNER May Suspend Wark,,,,,,,,,,,,,,,, J110, 15.1 Related, Work at Sin, ..... ......... ..... ._- ...... _.17.1-7.3 Staffing the......................................................2.4 Stopping by CONTRACTOR ....................._..... 15.5 Stopping by OWNER .............. .......... 15.1-15.4 Vmiation and deviation authwimd. mmm...........3.6 Work Change Directive -- claims pursuant to ............... ............................. 102 definiton mf... .._.._.__.__._._.... ..............1.44 prmciPal references 3.5.3, 10,1-10.2 Written Amendment -- principal references to ............. 1. 10. 3.5, 5.10.15.12. „__..._..........._4.6.2, 6.9.2, 6.19, 101, 10,4, ......._................... A 1.2, 12A. 13.12.2, 14.7.2 Written Clarifications and Written Notice Required -- by CONTRACTOR...__...__.__. _. 7.1; 9.10.9.11, ........_...._. _....................._ 10.4. 11.2, 12.1 by OWNER_-.....-____9.10-9.11, 104, 11.2, 13.14 EN=BiNERN. COMITIOM 19108(1990 WITIOM • .1 rl YOF FORT M WM MODIFICATImei(REV WFF Ll (This page left blank int U..11y) • xri E9 DENEaN. OOlIDnom 1910-8 Um PD nom wl OFF OF PORT COM MMMCAIIO:i3( 9199) � 0 171 GENERAL CONDITIONS ARTICLE 1-4)EFNITIONS Wherever uad in these General Conditions or in the other Contract Documws the following tents have the meaning indicated which are applicable to both the singular and plural thereof: 1.1. Addenda--Writlent or graphic instruments issued prior W the vion, of Bids which clarify, connect or cm,e the Bidding Requiremens a the Contract Documents 12. Agreement —The written etmt ed between OWNER and CONTRACTOR covering the Wak W be perfomred; other Contact Documerds are atached to the Agreement tdmade a part thereof as provided therein. 7 3 Apppplica urn for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in aetlueAhg fruneven or foal payments and which u W be accampamd by such supporting documentation aS re required by the Contact Documents, 14, AA,,at,s--Any material that carfoad. more than one percent asbestos and is friable or is releasing wbeAcs fibers met the as above current action levels caudd shod by the United Slates Occupational Safety and Health Admaistaut. 1.5. Bid -The offer or propoaal of the bidder submitted an the prescribed form sett,, forth din prices for the Work W be performed 16. Bidding Documents —The advertisement or invitation to Bid nasturtium to bidders, the Bid form, and the proposed Contract Occurrence, (including all Addenda issued prior to receipt of Bids). 1.7, Bidding Requiremenh--The advertisement a invitation W Bid instructions to bidders, and the Bid fan. 1 8. Bondi —Performance and Payment bonds and other uatvments ofsecurty. 19. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNERend anadjustantsoitcry Contii orrevisit the the Wok, a , ourd an or m the Coact Rice or the GateCt Times, issued on or efmr the Etective Dem of the Agreemrn[ 1.10. Contact Darnments—The Agreement, Addenda (which pamin to the Gannet Documents), CONTRACfORe Bid (including documentation accomptyvg the Bid and try post Bid documentation submitted prim W the Noda of Award) when attached ss an exhibit to the Agreement the Notice W Proceed, the Bolls, these General 0,sa iota, the Supplementary Conditions, the Specifications and the Drawings as the firCOCOm4ONL Wh'OI'IiONS 191ma (193r Sdam7 plG7V OPPORT W Wit MODtaCPT10Na(REV4It000) same are mare specifically idemifid in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders coal ENGfNEER's writer interpretations and clarifications tssud pursuant to paagaphs3.5, 36.1 and 3 6.3 an or offs the Effective Dam of the Agreement Shop Drawing subanittals approved pumuam to paragraphs 6.26 and 627 and the reports coal drawings referred to in paragraphs 4 2.1 and 4.2.2 are not Coact Documents. 111, Contract Pare —The morays payable OWNER to CONTRACTOR far completion of doe W in axordane'e with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit price Work). 1,12, Contract Times —The numbea of days or the dales Anted in the Agreement: (i) W achieve Substantial Canpleton, and (it) W ectoplasm the Work so that it is ready fa final lsymtt as evidmred by ENGINEER'S wouen recommeridink n of fiml payment in amadtae withpingmph 14.13. 1.13, CONTRACTOR --The person, fare a corporation with wham OWNER has entered into the Agreement. 1.14defecMe—An adjective which when readifying the wad Work refers to Work that is uwatierfactay, faulty or deficient in that it does non coda. W the Contact Documents, or does no, most the requirements of say halation, reference standard, test or Waval refereed to in the Corrosion Dustiness, or has been domaged prior to ENGINEER'S rerommendetion of firol paysent (unless responsibility for the praectim thereof has barn esumed by OWNER at Substatttisl Canpletion in a¢adence with pmx®aph 14.8 or 1430). rxardmor Drawing —The dewing which show the Scope, nt end y CON of the Work to be fh loved and perfamd by CONTRACTOR and which have been preferred or apprConrad ved by SopEER and are retard W in the Comas fined.Economists. Shop drawings arc rat Drewtgsas so defined. 1,16, Ff arve Dare of she Agrecmmal—The dam indicated in the Agreement t which it bectres eRative, but 9no such dam se indiwWtl it tears the data an which the Agreetertt is sighed and delivered by the last of the twopsrtice W sigh and defiver. 1.17 ENGINEER —The person, fare or cap setit mad as such in the Agreement. LIE, RNGINERR's CtsuCant--A person farm or corporation having a accurate with ENGINEER to fumich services m ENGINEER's independent professional asmciam or consultant with respect W the Project and who is identified as such in the Supplementary Creditors. 1.19. Field Order —A written order issued by ENGENEER which codas minor changes m the Work in accordance with pmagmph 9.5 but which does net involve a cheese in the Contact Rice or the Cantina Ti... n u 1 20. General ReguiremeNs-Seetiom of Division 1 of 1954 (42 USC Serum 2011 at set) as amended from the Specifirmi. time to time. 1.21. Hamrdoas Waste -The lent Hazmdus Waste shall 1.32.E Resala' Woddne Hours-Reeular earl one Mars have the nearing provided in Seen. 1004 of the Solid an, defined . 7:OOam m 6:00am unless oduawisa Waste Disposal Ad (42115C Section 6903) as amended specified in the Gemml RewUenents from time to time. 1,33. Resident Project Repres wen a -The authorized 1.22a Laws and Regulations; Laws or Regu/aHmrs--Any representative oTENGINEER who may be resigned to the .it ell applicable laws, rules, mgulati«ts, Ordireoces, dworarsyparttherd,E dudes and orders of any and all governments] bodies, agencies, authentice and courtuliarim jmisdetion 1.34. Sayks-Physedd examples of materials, � equipment, or worinnans1 that ere rqueistive of 1.22 b. I R l Hankos-,droll be those holiday, observed done pmtim of the Won and which establish the bvlhe City of Fat Collie, standards by which such potion of the Work will be judged. 1.23. Lr'ens--Limo, charges, security amounts or mcrusla muponreal property orpelsowlproprty. 135, Shop Drnavngs--All drawing, diagrams, Modernness, schedules and it,, data or information 124. Milarann-A principal event specified in the which me speafically prepmed or assemblwd by or for Coronet documents relating to an intermediate completion CONTRACTOR and suhniued by CONTRACTOR to data or time poor to Substantial Completion Of all the illuswte some patianofthe Weak. Weak 1.16. Specftotians-Those patios of thin C amd 125. Non. afAward-A written .6. by OWNER to Documents consisting of written technical desmipturs of the apparent sucasful bidder stating that upon conpbence materiels, equipment, construction system4 standards and by the apparent sudw sfW bidder with the conditions workmanship as applied to the Weak and certain psedent numerated therein, witlw the time specified, admoddreativedetrisspplimblethaew OWNER will signed deliver the Agemenl. 7avi Subcnnbactar-An in ONTR,CTOR., 1.26. Nottae in women entice given by with., riven mn¢ao with CONTRACTOR., with ary CONTRACTOR OWNERtoCONTRACTOR (with a copy ETimes fiR) other other Subcontractor for the prof erne of a pert of the fixer. the date on which the Contract Tunes will d Work at the site. site commence to r on which CONTRACTOR shall start ONT perform CONTRACTOR'S obligations ands the Substantial CamproHan--The n Contrac[Docvmelas. C Verified he point ed ad the Point whee, specified Fart thereof) has w ENGINEER m the opinion o ENGINEER rev evt by 1.27. OWNER -The public « authority. ENGINEER'S defuu'(int cerlpiote Subst Substantial corporation, association, fun or p?mn with when re ma with complete, inak or iDocu CONTRACTOR has entered into the Agreement and for the Contract ants, the ContraIs Documents, so that the Weak (err specified specified whom the Work as be provided pert) can utilized for the purposes for which it s intended, or if no such is issued, when the r 128. 1 ian-Use by OWNER of a ready f Week is complete and ready far trod payment as Bally peend wmmeled pert of the Wok fen the price lion of evidenced by ENGINEEB's written mcoph for which it purpcue) prig b which it s intended (err a w fowl payment in undimmed, with paragraph 14.1 The Work Substantial Completion of all the Wink Su demo emu ubtare and "eakodeally uff a pl. mmplemd" as applied to ell or Fart of the Work refs to or pa 129. PCBs-1'olychiorhard biphmYs. Substantial Complained thereof. 1.30, Pe"Ire n--Petroleum, including crude oil ve any 1.39. Supplementary Conddfions-The part of the fraction thereof which is liquid at standard cod ions of Conted Documents which amends or supplements these temperature and pressure (M degas Fahrenheit and Gewal Cmdtiaic 14]ppoorods per square inch ebsalme), such ea ad, pesoldem, fuel oil, of sludge, oil refuse, Smadice, kacs-me 1.40. S,TpGer-A manuf loon, fdaimmor, supplier, and oil mixed with Other non-Harardeus Wastes and crude distributor, mmwashnana vendor, having a due d cornea oi4. with CONTRACTOR or with arty Subcmtnacmn in fixnish materials or equipment to be incorporated in the 1.31. Pmjecn-The oral drearucnm of which the Work Weak by CONTRACTOR m any Submmreeoar. to be provided under the Contract Documens may be the whale, o s pot me indicated elsewhere in the Contract 141. UmieBround Facilities-AII pipelines, reactors. Doccand s ducts, cables, wines, mardmlue, vaults, mnk% boards a other such fact ilien or wrracherans, mid any elwaaemmr9 1.32.a. Adiandic, MoteriaLSwrce, special madam, or containing such faridities which have been insisted byprodudiriderial ma defined by it. Atomic Energy Actef undergroord t0 furnish any of the following rewires or EICECOE4FN4tc noeal5toe(199e Emam) 2 w00WOFFORTMIXIMM00IFICATIOMMEV44000) • materials: electricity, Asses, ream, liquid petroleum products, telephone or ear rearrouniodawn. cable television, sewage and dmmag removal, traffic or other cannot systems or water. 7 42. Unit Price Work -Work to be paid for on the basis ofunilpn,we 1.43. Work -The emne canplemd construction a the various aepamtcly idmtifiubie parts thereof rreq d,.d to be famished under the Contract Docamems Wok includes and is the result of performing or harridan tabu and famishing and asorporefirg materials and equipment into the muctim, andpafonuvg a fumislwtg services and furnishing doamems, all as required by the Contract Ibcuments, 144. Wank Change Ih'nchve-A written diactive to CONTRACTOR issued on or after the Effective Date of the Agaement and signed by OWNER end remmmended by ENGINEER mdenng an sdditioti deletion or revision in the Work. or responding as diffuug or automsem physical ae"a. under which the Wak is to be perfumed as provided in paam,mph,12 or 4.3 or to anergerades under pmagrupliti.23. A Work Change Directive will rot change the Cmhact Price or the Contract Tunes, but is evidence that the pears request that the charge directed or documonted by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiate= by the parties as to its cibed, if any, m the Cmtmer Price or Contract Times as Provided in Pemgaph 102 1.45. Written Annotdnrent-A written amendment of the Cmvmct Deaunmts, signed by OWNER and CONTRACTOR an or after the Effective Date of the Agreement and normally dealing with the rumm,gineenng or noMedmical mther than strictly camtruction-relamd aspects fthe OnmeactDanmenm. ARTRCLE 2-PRELT4INARY MATTERS De6'very efBonds: IL When CONTRACTOR delivers the executed It -oenm to OWNER. CONTRACTOR shall also deliv , in OWNER men Bonds me CONTRACTOR may be required to furnish in accodaure with pmag iph 5A1 COplea o DaarnertF 12. OWNER shall furnish to CONTRACTOR up to ten copies barters otherwise specified in the Supplementary Conditions) of the Corm of Donummte as are reasambly necessaryfa the mlecutim of the Wak. Additional copies will nd ftmislted, rpm raryal, of the cast o(reproductim. Commencement of0manad Times; Notice 0 Proceed' 13. The Command Times will emnmence w run on the thirtieth day after the Effective Date of the Ageemont or, PJCDC GEN CONW9101S 191Pe(1990 litmam w/aTY OEPORT cal M M0911`1=0249 (IEV 42000) if a Notice to Proceed is giver, on the day indicated in the Notice to Preece. A Notice to Procced may be given at any time witltin thirty days afer the Effemne Data of Um Ageement _ __ _ _ _ dust �mtyvhiehevu demisearlier- Miusing the Work: 14. CONTRACTOR shall slap to pelf. the Work on the date when the Contract Tunes commerce to rim, but no Work shall be date at the site price to the data cat which the Contruct Times commence to run Before Starting Censramon: 2.5. Befom undertaking craft pert of the Wort, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertment figures shown dareau .and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict. errs, ambiguity or disco,an, which CONTRACTOR may discover and shall obtain a written uveryremtim or clarification fan ENGINEER befue proceMing with an Work eMcuid thereby; howaer, CONTRACTOR sha not be Gable to OWNER., ENGINEER fa failure to report any cmilid, error, ambiguity or discrepancy in the Command Decmnenm, aNces CONTRACTOR knew, a reasonably should have known thereof 2.6 Widsuu ten deys rifler the Eff five Dote of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a pprrelwumry preg[e� schedule indicating the times (mimbms of days or dams) far smrtug end mmpletirg the venous AOges of the Work, including any Mftesmnes slawifmd N the Contract Doomuaas; 2.62 aprelimiregs9hduleof Shop Dmwingmud Sample submittals which will Gal each required submittal and the limes for submitting, reviewing and pmccssmg such submittal; 2621 In no mic will a schoblebe ble which II 1 than 21 land days fir each review W Finpleer. 2.6.3. A preliminary .scheduk of values for all of the Wak which will =to& quarmties and prim of items Wallin, the Contract Price and will subdivide ft Wark into conpo tar t pairs in sufficient detail to serve es the basis fa pmgess payments during crodudlon. Such prices will include an appropriate amount of overhead end profit applicable to each item of Work. 23, Before any Work at the site is .started. CONTRACTOR and OWT shall eaelr deliver to the ettia OWNER with copies to enahmicirione4-i atea idaR+Ga&an-Nn-Sn�eas ENGINEER LI • 0 E 0 certificates of imurence (and other evidence of insurance which either c • mammal mb--mrcaucslcd byW)whi ch CONTRAIce required m pwchaw aad maintain in accordance with pragmpin 5.1.56mieST. Pr evvod urroe Conference: 2.8, Within twenty days after the Contract Times scat to rwh, but before any Work at the site is doted, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working anderstandmg among the parties as to the Work and to discuss late schedules retorted to in perairaph 2.6. procedures for handling Shop Dmwitgs and other submittals processing Applications for payment and maiatimar requbedrecords. Inbu+lly Accepbh/e Schedules: 2.9. Unless of ice m rvided in the Contract held to below the schedules. No Rogrem payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER in provided below. The progress schedule will be acceptable to ENGINEER as provndag an orderly progression of the Work to completion widen any specified heiledonm and the Contract Times, but such acceptance will neither impose on ENGINEER rc meiibitrty for the sequeming schcAding or progress of the Wok nor interfere with or mlwe CONTRACTOR from CONTRACTOR's full responsibility da refer. CONTRACTOR'S schedule of S Drewmmgg aad Sample submiaeions will be acceptable to GINEER m provrdmg a workable arrangement for reviewing and processing the required sulmivals CONTRACTORs arlsmWle of values will be acceptable m ENGINEER as to Cam aad sabsmme. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDLNG,REUSE 3A1 The Contract Documents comprise the cmire agreco eht hetween OWNER and CONTRACTOR mrmeming the Work The Contmet Doounents are wmplemeLLmy, what is called fa by we is as bind'mg as if called for by all. The Created Documents will be mmtrued in accordance with the law of the place of the project. 3.2. It is fie intent of the Contract Ibcuments to FKDL 06NplAI. CONL9 T10F819I08 (19Po SStim) 4 wlCt'IYoFFORTNW.IM1BMODIF1CATlON3(RNYCfiWO) describe a functionally complete Project (a part dissent) to be cumtraded an accordance with de Cataract Decumerds, Any Work materials a eryipnent that may masombly be ind'ared trcen the Contract Dreunmts ce from prevailing custom car ❑ode usage m being required to produce thc intended result will be Humshed and performed whether or not specifically called for. When words or phrases which have a well-known technical or mr&ratuon rocketry or trade meaning am used in describe Week, materials or equipment, sadh words or place. shall be interpreted to aaadmme with that 3.3. Reference l0 3andarrb aad Speo'fimSons of Technical Soderlea, Reporting and Reanlving Diserepandes: 3.3.1. Reference to standards, c,amficatiom, mnuals or codes afar, recMiral society, ot,..ban or association, a to the Laws a Regulatiore of any govemmerual aathvity, whether each reference be specific or by implication, shall am the latest amrdmd. specification manual, code or Laws a Regulationsmeffectat thetenaofopew�ofHe were on die .), except Date of the Agcemmt rf peci were ai Him), except or may ce otherwise specifically smmd N the Co�e4 DocumeNs 33.2, It dash, the perf care of the Work, CONTRACTOR discovers any con0ict error, ambiguity a diaaepency widen the Contract Documents cr between the Contract Documents and any provision of arty each Law a Regulation applicable to the pafamance of the Work or of any such atmulartl, specifuetioq mantel or We or of any instruction ofmry Supther reamed to in pamgaph 6.5, CONTRACTOR shell report it to ENGINEER in writid,,, at once, and, CONTRACTOR shell not proceed with the Work affected thereby (amep in an emergency, as aathorixc by pansggapih 6.23) edit an amcmdmem art supplement to the M t Documents he, bean iswed by ore of the methods udwated in parugraph3.5 or 3.6; provided however, that CONTRACTOR shall real be liable to OWNER or ENGINEER for failure to report any such conflict, .1. ambiguity or disce,creq unless CONTRACTOR knew a reasomby should have knownthoreof 3.3.3. Evmept as oderwise specifically statedi in the Contract DocumenR or as may be provided by amendment or ssiqpsppmme leent thereto issued by oftfe methods indicated in pwagmph3.5 or 3.6. the provislom of the Contract Ilocumenm shall take prceedenoe in resolving any contact, error, ambiguity or discrepancy between the provisions ofiha Contrat Documents and'. 33:3.1. the provinces of any such standard, spceificeticen, manual, code or instruction (wheher, or cat specifically incorporated by reference in the Contrvd Documents); m 3.3.3.2the pr,wicimea of arty such Laws a Regulation amli®N. to the performance of the Work (unless such an interpretation of the provisiane of the Comment Documens would result tevhola4m of Audi Law or Regulation). No prmadea of any such nardard, specifimtieh, manual, ode or inawaim ahall be eMmier to change if. duties and respmmbibeies of OWNER CONTRACTOR or ENGINEER a any of then subontrdo as, ems ifter y, agems o employees from those aef forth in the Contract Doeumarm, nor pall it be eRectiva to anago to OWNER, ENGINEER or any mENGINEER§ Cowltanta, agars or employees any duty or authority to sapervise or deed the lemishing or peaformooae of the Weak or any duty or authority to a datake responsibility, mcconatend with the provisions of paragraph 9.13 or arty otter provision of the Contract Down" 34. Wherever N the Contract Documemsthe terms"as odemd". 'as du«tat% "as natured". "ere ekw d% 'n aoproved" or trans of like effect or import are used or the or "satisfactory" or adjectives of like effect or import arc used to describe a requirement, direction review, or jut woof ENGINEERastothe Wok,hisintmd�that roch requamnem, direction, mview or ird¢mem[ will be he completed 1To)ea es a hmcuomng whole n dimmd in the Contract Documents Wen there c notement indicating otherwise). The one of rm or adjective shag not be.11otwo to assign to or perfmnance of the Work or any duty or o ademike reapowbitity cmmoy to the of peragm h 9.13 or any ether ,wisi. of the AmendngandSupplemenaing Conrad Documenas 3.5. The Conrad Doulnens may be amended to provide for additions, deletion and revisions in the Weak or to modify the terms and condition thereof in one a more of thef.uowiag ways. 3.5.1, afomlal Written Amandment. 3.5.2. a Change Order, (pursuant to paragraph 10.4), or zx=O ittai& CONDITION` 191"(19NEdillm) wI=01F FORT CO M MMIFIrWrIONa t1W7V4NKK)) 3.5.3. a Work Change D'vedive (pursuant to paragraph 10.1), 36. In addition the requirernems of the Coract Documents may bee supplwokd. and minor va m an and deviation in the Work may be authtiad, in one or mac of the following ways: 3.6.1. A Field Order (p rreamht m P.M.ph 9,51 3.6.2. ENGINEER's approval ofa Shop Dmwrgor Semple (pvmuant to paragraphs 626 and 6.27), or 36.3, ENGINEER'S written interpretation or cla ffieatien.(Irmrkiant a paragraph 94). Reuse cfDoeumenit, 3.7. CONTRACTOR, and any Subcontractor a Supplier or other laoson or or,.h h perlorming o funrdshing anY of the Work under a drect orvdacet ontred with OWNER (i) shall rat have or acquire any tide to or ownsshipp rights in any of the Dmwi%% Sfoefeations m odaer documents (or copies of any them() prepared by or bearing the Aral of ENGINEER or ENGINEER's Cowltam and (u)) dull not reuse any of such Drawing, Specification, ot6a doamants or copies on eMhaaima of the Project a any other project without written emtsem of OWNER and ENGINEER and specific w6itarvaificatio or adopted. by ENGINEER ARTICLE 4--AVAILAM ITY OF LANDS; SUBSURFACE AND PRYSCAL CONDITIONS; REFERENCEPOINTS Armf ffhy ofLnnd 4.1. OWNER droll furnish . indicated in the Contact Documents, the lands upon which the Work m to be performed, rippts-o&way and neemems for awes therein, and roch other lands which are designated or the useofCONTRACTOR Upmreeeam`;ayoasF and lards.-upoe-..h:aF `- •,, ' - ' —F. Mfbnn A d nor(•-reTr--6hog-a-mes7ThudsAi aek-kafire. OWNERmmI identify any ocumbreroswado,oanrestndiaf not s general had with which apONTRA rotated to use of lank men furrin pe with which CONTRACTOR will have b comply ar puns or g the eat Fasemems fa ppeermanent str a obtained ed per ad for changes th aiding n. othea mwillovided en and podfeeby OWNER. If CONTR provided m ilia Contract Documents. to W If CONTRACTOR and OWNER are treble to agree not in the to or the winouraor the o extern of uvany s are h ta of in the Contract Rice or the CrnRaot Times d a ghm- of Dry delay r OWNER. famishing these landk rights. way or ens Dent, CONTRACTOR may mate a darn therefor as provided N Articles I and 12. 0 0 • • CONTRACTOR shall provide fnr ail addrumal lends and access thereto that may be squired firs kmpoary rerewetion fimilitice or storage of materiels and equipment. ✓.2. SYbsaji a and Physical Gmaidons 4.2, 1. Reports and Dsmvings: Reference is made to the Supplementary Conditions fin identificetion of 4.2.1.1. Subsurf ce Canons. Those reports of explomtios and test of subaafacecondmom at or contiguous to the site that have been animal by ENGINEER in preparing the Contend Doum mes; aid 42.1.2, Physical Conditions: Those dmw.W of physical conditions in or relating to wdsttrg surface a sdsurface stmcmm at m contiguous to the site (emept Undmgeourd Fa©lilies) that have been utdird by ENGINEER m preparing the Contract Documents. 4.2.2, Lunlvd Reliance by CONTRACTOR Aahomed' Tachmcat Dam: CONTRACTOR may rely area the gain.[ mourner of the TmIn [cal dot° coaaned in such repot and dmwinM but such repo. and Aewirgs are rM Contract Daamont. Such 'Fool a ad dal" is identified in the Supplementary Condi ions. Except for such matures an area "technical dmu', CONTRACTOR may rent rely upon or make coy claim eg.am OWNER, ENGINEER or any of ENGINEER. Consultants with respect to: 4.2.2.1, the completeness of such report and drawings for CONTRACTOR's purposes, including, but not limited an, any aspects ad the meets, methods, techagom sequences and peoeed.w of construction to be employed by CONTRACTOR and safety premutions and program incident thereto, or 4.2.2.2. other data, interpretations, opinions and ird'mmmioncontamed in such reports a shown or indicated in such dewing, or 4223. may CONTRACTOR imerpuemtion of or wmli sion drawn from any %ovdardml data" or SmIt dam. mtelpfcmtlort( opmema ere Mlmm 1. 4.2.3. Notice of Lh&ring Subsafare or Physical Cgndh6anrs: If CONTRACTOR belimea that any snbwrface a Idrydml retortion at or Contiguous m the an, that is uncovered or revealed either: 42.3.1, is of such a an. as to ramblish that any "technical data" on wtmh CONTRACTOR is entitled Wooly as providedin psmglaphs 4.2.1 end 4.2.2 to aterially mmoume, or 423.2. is of such u mram es to mlulre a charge in the Contract Dommema or 4.2 3.3. M m materially from that shown or EIGTICOEN6RN,CONgnora 191"(1990 Edam) wI CITY W FORT COLLINS MWIFICATIONSMEV44NME indicated m the Contract Documents, or 42,34 is of an unusual ream and diMes materially from cadiHons ordinarily arre odsowl and generally omcgmmd m iNnrent in work of [Fa diameter pawided Cm 6 the Contract Documents then CONTRACTOR shah, premptly immeduamy star been ning aware thereof and before further disturbug cenditrena aRectod thereby or performing any Woik vl cmmection Herewith (emept in an emergency as pcmmt[ed by pamgraph6.23), rarity OWNER and ENGINEER m writing about such condition. CONTRACTOR shall not further disturb sack conditions or perform any Work in cmmection therewith (except az aforesaid) until receipt of wriumorderto do so. 4.2.4. ENGINEER's Ray. ENGINEER will Wmoptly review the pertinentrenditions, determine the mamenty of OWNERs obtaining additional eaphormon or teas with respect thereto cad advise OWNER in writing ((wgh a copy to CONTRACTOR) of ENGIN®R's 8nsiugs and rencluslols. 4.2.5. Posabk Contract Dommentr Change: If ENGINEER cmwI d. that a charge m the Contract Document is required as a matofa conditimr that meet one m more of the cmegories nt paragraph d2 3, a Work Change Director a a Change Order will be ismad m provided in Article]() to reflect and dowment the emsequmma of such change. 4.2,6, Povlbk Poe, and Tbnes A,#uwr,Er,: An equitable udjustrnent in the Contract Price or in the Coaam Times or both, will be allowed to the extent that the examme of such uncovered or revealed corduan muses an increase or decrease in CONTRACTORS cost of or time required tor performance at, the Work; subjeet, however, in the fallowing: 4.2.6.1, arch condition must meet any coma more of the cRegmes described in pamgaphs 4.2.3.1 through 4.234, imludve; 42.62. a dmrge, in the Contract Doc .w Forward to pagraph 42.5 will not be an automatic madm nation of mr a maditiml pxeaeaelnto erdtlemem m cony such edjusanmt; 42.6.3, with rasped to Work that is paid for on a Unit Price 13asis, any adjustment m Contract Price will be subject to the provisions of pamgmphs 9.10 and 11.9; ant 4264. CONTRACTOR doll not be entitled to any adjustment in the Contract Price a Times if; 4.2.64.1. CONTRACTOR knew of the examam, of such cralditios aI the time CONTRACTOR made a from commitment to OWNER in respect of Camact Price and Comsat Tunes by the submission of a bid or becoming behind under a negotiated contract; or 4.2.6.4.2, the existence of auch condition could reasonably have been discovered or revealed u a rend[ of my exsmmatm vesaption, explomticn, test or study of the site and contiguous areas re9uued by the Ridding Rislquemmt or Contract Documents W be conducted by or for CONTRACTOR poor to CONTRACTOR, making such find commitment. or 4.2.6.4.3, CONTRACTOR tailed to give the whines notice within the time and an required by paragraph 4 2 3. If OWNER and CONTRACTOR are unable W agree on mtitemmt to or as W the amount a length of any such cyuimble adjustment in the Contact Prone or Contract Times, a claim may be made therefor as provided in Articles 11 and 12, However, OWNER, ENGINEER and ENGINEER's Conaulmeas abet not be liable to CONTRACTOR for my .1mon, cents, losses . dvmng. measured by CONTRACTOR on a in correction with any other project a anticipated project 4.3. PGyli.l Conm'aona—Onderground FadG'Gea: 43.1. Shan or lndcated: Theinformetionenddma shown or indicated in the Contract Dmrments with respect W missing Underground Facilities at or contiguous to the she is based on hsfamatm and data furnished W OWNER or ENGINEER by the owrem of such [hAugramd Facilities or by others, Unless it is otherwise expressly provided is the Supplementary Condition: 4.3.1.1, OWNER and ENGINEER shill has be re,oremle for the accuracy or completenese of arty such information a diner, and 4.3.1.2, The coal of all of the following will be included in the Cmtrad Prim and CONTRACTOR stand have full responsibility far (i) reviewing and chocking all auch oNbrmazion and dam, (u) locating at Undw,roundFacilities shown or indicated in the Cmtmet D.ummtR(iii) coadiretim of the Work with the ownaa of such Underground Facilities during cnor, and (is)the, safety and lmoseetiem of all such Underground Fnoittes . provided in pmagmph620 and repmriag any, .damage thereto resulting from the Work. 4 3.2. Nor Shoup or Indicated: If an Underground Facility is uncovered or revealed at or contiguous W the site which was not shown or indicated in the Commit Document, CONTRACTOR that, premptly immediate eta hcomng aware thereof and before father di ardfi g cm&torn aMetd thereby or perf.mig nary Wok in.nnemon therewith (except in an emergency as req r d by pazegreph6.23), identify the owner of such Underground Facility and FJLDCOtiN9tN. COMMTIOtS 191118 (1�06d1im) wl alit OF PORt COLLttd MODIFICATIONS (ItE V 4R00a) give wrimen notice W that awre, sad to OWNER and ENGINEI R ENGINEER will promptly review the Underground Facility and determine the eztem, if any, to which a change is renamed in the Centred IAeumeats W intent and document dic crosaquences of the ewsmans, of the Underground Factity. If ENGINEER ..lads that a change in the Conked Document is required, a Work Cl a a Duective or e Change Order will be issued as provided in Article 10 to retell and dooemem such conarquereesDining such time. CONTRACTOR sbdl be responsible for the safety and protection of such Underground Facility u provided in puregrsFh6.20. CO RAACRahag maybe allowed m emteax in the Comma Price or an aaterssim of the Contract Times, or both. W the extent that they are aaributable W the existence ofeny Underground Fnedity that was not shown or indicated in the Contact Documents and that CONTRACTOR did not know, of sad could Cmlmct Times, CONTRACTOR may make a clan therefor as provided in Articles 11 and 12. However. OWNER, ENGINEER and ENGINEER, Cmnadlanm shall net be liable W CONTRACTOR for any clahns costs. 1. or damages inconed er sustained by CONTRACTOR on or in camection with snit other Protect o arltici.mtlP[vjea. Reference PaiNa 4.4. OWNER shall provide enginarhg surveys W maabliah reference parts for construction which in ENGINEER'S jildgment are necessary to enable CONT'RACTOK W proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall prou ct and prexree the established inference points and ahall make no charges or relwatims without the prior wri= approval of OWNER. CONTRACTOR shot MEW to ENGINEER wherever any reference l m at is lost or destroyed or remains nel.aton because of necessmy changes an goad. or location , and shall be re ,,maiwe for the accmatc replacanmt or relocation of such reference points by professionally qualified per. t. 4.5. d Udm, PCBs, Petroleum, Hazerdaae Wastes, Ra&..*e Maratlal: 4.5.1. OWNER shall be responsible for any Asbestos, FCBs, Petroleum, Hezudom Waste . Radioactive Malarial ur cran d a revealed at live she which was not shown or indicated in Dmwtgs or Specitcetiona or identified in the Contract Dmmrmelm to be within the scope of the Work and which may Resent a sulnmistd danger W persons a property epceed torero in con ectim with he Work at the site. OWNER shah nor be responsible for any such materials beeught in the site by CONTRACTOR, Subeamme sons, Suooliers a anyme .1. for whom CONTRA OR in responsible Ll 0 0 GONITFJt=R does it based of aces net agree-m-racame�us); V4U -under -.such-spocal NaeA-Aezudeaa agreees.o cvlanwt "fcas m-aresW =, oF Genteel Too k-Mm eit,e tLymey-mekeaalaim-th Ion ape.vided. prlim-ef Ore AVoek-peMormed -0own fwseeer-ellaessirtewordweewilhMislls-7 sA J�tdl leyees—aganb--ether ass, !Bases an dome8w._arining wart-ofZ:,zheng fran .such 3�rdeus tend:'..-,�w;d�"�.a.-�"i-"p'.Y-sualrcAaiaq sea" q-diaeaeaordeoth; or ao injury tnordestraetion WaflE insWca? der-le:s--ef--use-wsWtvtg-Jherefrwn-ond (ii}nadn 1-abhgah swofiettlitsawa 4.5_5: --The protuat rs-ofpamgrapha4:2 all 43 are not -intended - {ferar�w-Wesm-er Rndieaciwe)A4akriel-unaevereA er reveeledeuhaste- UMC(:6NERnt Ml Tom 19103(Im Eanm) wianofFORT mwterma Mt 710M(RRv4rsoso) ARTICLES -BONDS AND INSURANCE Perrf..ea,Pnymreatand OrherBoudc 5.1. CONTRACTOR sbell fmrtsh Performance and Payment Bolls, each in an amam, at lees[ equal to the Contract Price es seeuoty for live faithful perfatmaace end paymem of all CONTRACTOR'S ob tuns wider the Coaxed Documents. These Bonds she 1 remain in effect at (cast until one year after the data when fowl payment becomes due, except m provided otherwise W Laws or Regulations or by the Contract imams. CONTRACTOR shell also fumish such other Bads as are a auhed by the Saoolememary Cedauuos, All Bonds shall be. the form presented by the Conti except as prwidd otherwiss by Laws or R shell be executed by such sureties es eR aurert list of "Compxric. Holding t Acceptable Reinsuring Compenice" es pablished in CncWer570 (amended) by the Aid¢ Staff, Bureau of Goverry = Finial Opemeas, U S. Treasioy Doparhneat All Bonds sips d by an agent must be accompanied by a corti6ed copy of such agent's authority to act. 5.2. If the surety ou any Bad tarnished by CONTRACTOR u declared a FaNaapt or be.. insolvent or its right to do busmew is terminated in any smm where any pert of dw Project is located or it ceasesto eat the rego¢ements ofpem,raph 5.1, CONTRACTOR stall within ten days docasaher sulxituorte stretcher Bond and sorsty, both of which must be acoepmbl. to OWNER S3. Lf.d Sondes and In., Cernf'smhe of Tnaumnce. 5.31, All Bonds and insurance required by the Contract Dausicats to be purchased and maiae fined by OWNER or CONTRACTOR shall be obtained from surety or brsecarce companies that are duly hcensed or audwruud is the jurisdiction is which the Project is located to issue Bonds car i.ar.ce policies f the limits and coverdgce so required Such surety end ireuseame compeouss shall also meet such additional tequhetnents and qualificafions as may be provided in the Supplementary Conditiass 5.32. CONTRACTOR shall deliver to OWNER CONTRACTOR'SLiability lnaoomca� 5 4. CONTRACTOR shall purchase andmaumin such liability and other imanance a, is appropriate for the Work being performed and furnished and as will provide prolectom from claims set forth below which may ease out of or reach Gan CONTRACCOR's performance and funtslM of the Work and CONTRACTOR. other obligations under the Contract Dmumems whether it is to be performed or furnished by CONTRACTOR any Subcaitreaor or Supplier. a by anyone directly or mdimrly employed by any of then to perform or furnish any of the Work, or by any. for whose acts nary of them may be Gable- 5 4.1, claims under workers' a mpenmtion, disability bemfits and other s rrulm employee benefit acts; 5.4.2clm'ms for damage because of bodily inju y, accupaboml anckraa , a rkalFnss or diss CONTRACTOR'S employ..; 543, claims for damages because of bodily injury, Sickrw.ss a disease, no death of any person other than CONTRACTOR'S employoes; 544, _ _ far discusses _ cusvmery I It POPS8 to' ah11 FEW My eN er rmxm 5A.5. claws for damages, otter man to the Work AwK because of injury to or destruction of frangible property wherever located, including loss of use resdMg therefrom; and 5.4& claim. for damages bemuse of b dily injury or death of any person or property damage sour ag out of the ownership, maintenance or use of any motor vehicle. The policies of immnnce So required by this paragraph 54 So be purchased and announced shalt. 54.7. with respect to uatmnce required bur• fa1e,rophs 5.4.3 through 5.4.6 inclusive and 549, include as additional insureds (Subject to any cusm�ary excluvtim in respect of professional liebilityty)OWNER, RNGINE6R, ]TIGINEER's Comukan6 arch any other pemora a amities idemified an the Suppdememany Conditions, all of when shall be I ined es addtioml issued., and include courage fa the respective aRcers cod employees of all such mdditioral insveds; 5.4.9. include the spxifc coveraegges and be written for cot leas thw the limas of liability provided in the Supplementary Conditions or required by Laws or Reguletims; whielrsver is greater, 5 4.9. include completed operations insurance. W(W GENERALC TTOM 19104(1990 EM.) col CITY OF FORT MI LIM MMM MnOM (REV 4*04 5.4,10. include commodual liability maumnce covering CONTRACTOR'. indemnity obligyRom under para®apha6.12, 6.16 and 6,31 through 633; 5,411. cumin a provision a eMwsement that the owning afforded will not be carselled unsoundly cten6� a renewal refused until at least thirty days poor written notice has been given to OWNER and CONTRACTOR and to each other additional incurred identified in the Supplementary Cmditims to wham a artifiwte of macrame has been issued (and Yen sudificates of insurance fmushed by the CONTRACTOR pursuant to paragraph 53,2 will sec provide); 5 412. remain in etfxt at least m h firel payment and at dltimx thereafter when CONTRACTOR may be concefi%, removing er replacing defective Work in acca lumetwith paragraph 13.12; and 5A,13, with rou sat to completed opermucto macrame, and any uwmmet, coverage whiten on a claims -made basis, remam in effect fa at leas two years of. foal payment (end CONTRACTOR shall famish OWNER and each other additional insured identified to the Supplemenmry Conditions to whmn a certificate of in.. has berm ass o] evidence satisfactory to OWNER and my Such additional secured of mmmuution of such insurance at final paymem end one year therea9er). Og'NM's LiabeGtyInsu ounce. 5.5. In addition to insurance c,,uvo] to be provided by CONTRACTOR under lmagerp'hSA, OWNER, m OWNER'S Whom, may purchase and matwuh at OWNER'. expense OWNER'. own liability insurance as will protect OWNER apiarist cleans which may arise fimn Op.h. under the Comma Documents. Property Insv." nary Gorditima...9WNRR—shdl— .mhsse-and_-malealn = ,!Wimrhle mnauma._ms--mey�ake RagWeeslalA 6A include the interests of OWNER, Ina aMYpplamenleq G'nditiers _aaaiSrel.vnurSd; asmest-a&rid "her spas Sri-feea-dast shell.1tai yeiml .a, damage-te41e�4,-tempomIy bi ildog,Tfdsework and Waktin-transit- and -ahaliiroureagmrvt tfmst J 0 sxvmeg. -khafl aaaa6l�me .ii«are-mmsn.t; demajoo avouris6ews-; Rcgulekiorty spacifrcollyealuvalby _. 563-ineln9e-c N., inuxn¢d..i tha, _mtaa ar wp1woment efeny-inwred properly{irwludirg §ut-nw[ __ddmrgr.-<rgmd arehiwo*; -xtewdafAmT tx ry xkxnxlher (u-(oe Ilaxt�gby provided tint sxcbmmaialPh�.�,,otuoMomted at the oe �ukien{wynymem-ravmmended b)`5N61N66�md thany days' wnum moss notated to wits a eerti6ex�been issu.d sinkrin-suvh-bxiler ¢e-or-xddilimxl prapeny-inwrmnea �n-muy-be-requued by Ne Supplem.; A, e. n to,o -m ewNS'f�-GONGRACTnr.xsRNF.mtSFR idmlified • imtkreSupplemenmrylana sexsseeMefwMxrt iadcemedtehxrexn-;rrrnxdd�td-xs md- mnvaxinatq"Mplr5� hordeµ 'IMat.be 0ancelled or rsalarialb� . unit at kest titaty days, prim whom-e oanifiexle-efirexwn.has, exx-;emlal-and-w H ate- xrawer--prw;xianc-n-naxmdxwe--with perew P115.11. 5.9 OWNER shall not be re� ible for purchsamg and mmnu inurg any PmP�Y nee to pcoacd the iatcrc of CONTRACTOR, Subwnmmtms a otben in the MIME w the eaftent of say ibleumeantsNreHna leawwfhmeashadaa by-6BPFFRAC.T'OR Suboano-adwbF«bax,nun�ai�-aay ea aadl :.i�f w; a,xn-pwpxny-;nanm ay it a! ffie pufoZsve, lwrahxxan�anainlain:,..nenperm 540 V- 1- ICIC COlNfRAOTOI t ces g«i�es-prev pomgoafl� ch.,._ _ _ 10OCmM'COnola l910 80990eaum) alai OFFORTWUAid MGDMCATIONS(RN4C 000) to w awe i ..I beenprmuwd*QWN6R o.v¢s--xll_ nglVn again CONTRACTO, Sub "don; ..null --the o1L eganrx of ."sf OAF bxyend whelhmaraetinauwd-by-0V1N5Rand 5.-11,22:--- loss-or-dnmxge-tu-lha-eanvlded PxyeM-ur�4�reofrauaed'§y�esvgoal-ofw -pL4r{NV¢r� -poperty--nwamoea-nun wmred-aINER aompl&ed-Aej��OWNGR ds:��nra1ual;mbmr�-to flnun naph 1 iv�enti, finalpl hint puasuant to xFaftr-fmxfpxym¢nt ng nny�m�tre Is�n.1-1 ew+-fen-d to-m-Nes replysl-F.z-sletf eanxvrpwvisimsb theerccetahet 0 0 � " § ;j |!\ §§f§| §§ ! (§! vZ .n �� ! . m o . _ | g2ƒ; @ ; ah o�m, 2 § | j#§g/| Uw©� {e%R, j J7= \ §| §B0 � \| J ƒ OAF §! ,`\w, .. . z | § ,!!, ; ! ` ,! _` E A�. m &,� w, ■«q� , E\)\; 277| \ej)r ,■< q, J! o•& \\\\\ zz ! § ! \ \ | § baj ■ ! !!|aq •!_ � . ! mCD \Q®! ■_� � ,# F<� /§;�! §\�\ $\#w x o� ° 5 z.a & Q,, heeMm&as, ]INGINE m,pbye INFPReatarea mon ad the offidem, of-thmn Receipt andApp6'ca ion of1samnce hioceedc 5.12. Any sustained loss under the policies Of asarance required by paragraphs 56 and 5 7 will be adjusml with OWNER and made payable to OWNER as fiduciary fur the insmsds, as their intends may upped, subject to the regressions; s; of say applicable mortgage .1. and of pamgraph5.13. OWNER shall deposit an a sepemte account any money so received, and shell distribute it in accadarcz with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shell be repaired a replaced, the moneys so received applied an account therof and the Work and the cost thereof cwaed by an appropriate Clangs Order a Writer Amandmert 5.13. OWNER as fiduciary shall haver power not adjust and settle any Ids with the treatment unless one of the parties in undest shall object in writing within filtem days after the occurrence of )meat to OWNEWs uercise of this power. If sad, objection be made, OWNER so fiduciary slat make settlement with the insurers is eoradance with each agreement es the parries in inteest may reach If. each agrecmea mnorg the parties in interest is reached, OWNER as fiducary shall udjh st must me the Ices with the insurers dd;-Saperty-in NJiR AcaquUmes ofBande andlnamnc4Option to Replace 5.14. If either earlyse ^^) 1jd4ia male coverage unforced by or the Bond,. insurance re red so be. maintained by the accedence with Article 5 on s with it. Contract Occurrence, the Partial Un4relien-R openy lnaran" 5,15. If OWNER fonds it necessary, to occupy, a use a portion or portions of the Work prior to Substantial fi1C6C GENERAL COIminONS 191"(1990tallies) wI aw OPFORT WLLIM NODtt]CATIONSmare 920(0) Completion of all the Work, such use a o ompar cy may be accomplished in accordance with lamgraphl,110, proJ vided that no str use xwmen or omupmy shot) eoce before the mowers providing the property insurance have acknowledged notice thecrof acid so writing effaced me, charges in coverage necessitated thereby. The iosmem providing the propertyy iratuance sh Al dessea by mdorseem nt an the pohey or policies, bur the pe pary inswmre shalt rat be cancelled car permitted to Imew on accomt of dry such partial use or cecuparwy. ARTICLE 6-CONTRACTOR'S RESPONSIffi1ATIF'S Supervision and5sperintendance. 61. CONTRACTOR shall supervise, aepea and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may he accessary, to perform the Work as accordance with the Contract Oewsents. CONTRACTOR shall be solely responsible fa the meats, am technique, vq.. or thich a shavn a indicated in y the Contract I)aurnertls. responsible to see that the accurate), with the Contract 6.2, CONTRACTOR shall keep on to Work at all times durirhg its yragruts a mmndom, resident apainterdenL J. Isha 1 not be replaced without written notice to OWNER and PNGMEER aseept ands, extraordinary cacmnsti nrzs. The supenramderd will be CONTRACTOR' representative at the site and shall have authority to as an behalf of CONTRACTOR All mm courrecaos tito the suppainta dea mall be as binding sat ngivenWCONTRACTOR Labw, Materialvand Equipment: 63, CONTRACTOR shall provide compmdam suitably qualified personnel to snvey, Iny cut and waraWat the Work as cool by the Contract Documents. CONTRACTOR shall a all titres maintain good than line end ceder at the site. Except as otherwise required for Ili anfety a protection of peons or the Work or property at the site or adjacent thereto, and sweep[ ere otherwise indicated co the Contract Ilocuments, all Work at the ate shall be performed during regular waking hours and CONTRACTOR will rot permit overtime work or the pafamere. of Week on Saturday, Sunday or any legal holiday without OWNER's written coreatt coven aft" nine written make to ENGPIEER. s 0 r. u 6.4. Unlem otherwise specified in the General contains or a followed by words reeding that me like, Requirements, CONTRACTOR .}all burden and amen.. agaiveknt or "aalual" item or no subs.imtim is full responsibility for all materials, equipment labor, fomented, other, items of material a equipment a trareprxmtien, consmuWon equipment end maohinery, material a Nulpneht. of Weer Supphem may be tools .,h., cool, power, hght beat, Well. , water, accepted by ENGINEER odor the Collowng see itmy facilities, tevlpwary facilities arid all other cuwreatences: facditim end incndemels necassarY for the fmnishnlg, performance, tailing, mm up and completion fthe Work. 6.7.1.1. 'Or -Equal". If in ENGINEER. Is discretion an men of material or equipment 64.1. Pumh�ira Restrintiorm: CONTRACTOR proposed by CONTRACTOR is fmmfiamky must wnoly withteCiN's numhnita restrimion A eymlt lhetnremedand eut'ficimdy similar ono that amv of the resolutima ere evadable for review t the no change in reatoo Work wdl be c q in d, it may ogicm N' me Pochamm¢ end Risk Management Dwtstmontha QN Clerk's ofI ce be cm idamd by ENGINEER as an "oronf item, in which cam ravnew and eppoval of the pmprsed item may, in ENGINEER'. sole 642 Cement Restr'e[tre' Citv of Fort Collis disecetion, heaccanpEmm sbed without complie Resomtion 9l-121 mauves that suooliem and producers with some or ell of the "mrements for of cementer urdthects emmemarat =moor to Cantory that acdepoma ofprcpcsed substitum items. the mm� was nutM cement kibra that barn 6,7A.2. SubsdNmItems: If in ENGINEER'. ale Immdouswaaleasafuel dsereumn an ium of material or equipment proposed by CONTRACTOR does not qualify as 6.5. All materials and equipment shall N of good an "orcgaal" item under subparagraph 6.7.1.1, it quality and now, except as otherwise provided in the will be considered a proposed subslute Iran. Common Document. All wa 6. and guarantees CONTRACTOR shell submit auffieiem specifically, called for by the Speci6rmwas mall expressly information ea provided below to show nntollebmefitoCOWNRR Ifryuhedbl ENGINEER, ENGINEIIttodaamineihaltheitma ofmaterid CONTRACTOR .ball famish amsfm¢ory evidence oreWipment proposed is essentially equivalent to (including reform of mounted tst) as to the kind and that named and on Wceptble subatimte therefor. gouty of materials and equipment All materiels and The procedure for review by the ENGINEER will equipment shell he applied installed, contacted, erected, include t}s; fallowing as supplemented in the used clemad ad conditioned in accordarme with General Requiremens aW se ENGINEER may massacre. of der applicable Supplier, meepa as calspaise decide is appropriate order the commsamme provided in the Contact Docmnems Regmss for review of proposed substitute aeon. . of material or es utpee nt will not be accepted by PreRroesseheAde: ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes In 6.6. CONTRACTOR shell .&sere t the progress famish or use a subsutme item of matmel or schedule estbl died in accordance with pamgmph 2.9 as it egoipmmt CONTRACTOR "I Lot make may to ecpa d from time to time as provided below: written application to ENGINEER far acceptance thereof, certit'ying that the proposed subsituu will 6.6.1. CONTRACTOR shall submit to ENGINEER perform odN.Wly the functions mo achieve the for acceptance (to the extent indicated in result called for by the general design, be send. �puurruu��ssph 2.9) proposed adjustmeme, in the program in substance to that specified and be suited W thm. son c that will not charge the Comm¢ Tunes (or sane um as Chet specified Th. application will 1vLlestma). Such adju5mems will condom generdly sate the ederr if any. to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed subminate will will comply with any provisions of the General prejudice CONTRACTOR's aduevemem of Requhemerds applicable druero Substantial Completion on time, whether on not acceptance of the substitute for use in the Work 662. Proposed adjustrnent in the progress schedule will require a change in may of the Contract that will change the Contract 'Times (or Milesloms) Document (or in the provisions of any other shag be mbramod in accerance with the requvm¢enu from emaboot with OWNER far work as the of paragraph 12.1, Such adjustment may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in snbsumue and whether or net incorporation or use accordance with Arden 12. of the substiWu in connection with the Work a subject to payment of any licenme fee or royalty. 6.'1. SabWasom mad Vr-Equd"Ieems: All variation of the proposed subsume fromthat specified will be dmtifned m the appfnca4m and 6.7.1. Wheneversn item of moist m equipment is available maimem orm repair and replacement specked or described in the Contract Documents by meviee will be indicated The application will using the name of a proprietary item a the name of a also common an itemized compute of all coos a particular Supplier, the specification or description is credit that will result directly a indirectly from intended to tebhsh the typo fraction and quality acceptance of such substitute, including toss of required. Unless the specification or description rdesign and claims of other contractors affenud 12 =COaTmRpt (*lmltlM1gm4(19WPAEm) ql Q] OF FORT WW.R6 MOOIFICAMM(AEV MOW) by the resslting dartg4 ell of which will be cmtideoed by ENGINEER to evaluating the proposed substitute. ENGINEER may requite CONTRACTOR to famish edditionml data bnot the proposed sunshine, 6.7.1.5. CON7R4CT0R9Eupensa: NI data W be provided by CONTRACTOR in support of any fomented I.,.P or substitute item will be at CONTRACTOR. expaea. 6.7.2, Sabsomte C naman rlan Melhmdv or Proced.. If a ssppeecific meant, raided, technique, saloon. or procedure of oa4uretim is slier or indicated in and expressly required by the Contact Docmnmda CONTRACTOR may furnish or udire a substitute meam, method tochntque, sequence or ,roxi m of onna etion eaeplable W ENGINEER. CONTRACTOR shill submit sufficient infornmimn W allow ENGINEER, in ENGINE s vile dosentiort, be determine that the substiut, proposed is equivalent W that eMmaly called for by the Contract Documents. The poxedum fa review by ENGINEER will be similar W that provided in subpna raph 6.7.12. 6.73. Engmnears £vahmdar: ENGINEER will be allowed a rasaable time within which to walam, each pmpaal or submitml made pursuant W ,mr,raphs67.1.2an167.2. ETNGINEERwIEbetle, ate iudae of accrembilim. No "orcouel" or a [;range ,rues or an CONTRACTOR to frmob at CONTRACfOR's expense a speeiel pafanamoo, go.mme, or other suety with respect W any-m-equal" or subn day ENGINEER will mad time remained by ENGINEER and ENGINEER's Consultants in evaluating substiWles proposed or submitted by CONTRACTOR paaant to pere,raphe 67.12 ad 0,2 and in making charges in the Cuamet Dambeds (or in the leuvisims of any other darect cornme wi OWNER for work err the Project) ocrosioned Orereby. Whader or hit ENGINEER eccepat a suk&iona it. an prepaied a submitted by CONTRACTOR CONTRACTOR shell remb. OWNER tar the chmges of ENGINEER end ENGINEER. Consultants for evaluating arch such proposedsrbstione item. CO. Concerning Subemosaon,, Suppliers and Others: 6.81 CONTRACTOR shall art employ any Subcontracla, Supplia a otherpemon or agammtice (including those acceptable W OWNER and ENGINEER as indicated in pamgmph 6.8.2), whether wtGIly a as a sub9i4ae, agehat when OWNER a ]IlNGA'EER may have reasonable objection. CONTRACTOR shill not be requved W employ any Subomarecmr, Suppppher or odtes person or a game ma W famish or perfomt any of the Work agauat whom CONTRACTOR has reawtabte objection. 69. CONTRACTOR shall merf not loss than 20 rood of the Work with its own faces (that is w dose[ subronVnetinp,) The 20 percent rewirien [hall he understood W New to the Week the yet= of which Whits net lea than 20 named of the Contract OIL 6.8,2 if 4. Supplementary Gand Lion Biddine Documents require the identity of Armin SubmMeadma% Suppppliers or Other aersars or or}maatiom (inaludi%these who ore to, tarnish the prmcryal item. of material. or cgUi,m i1) W be submited an OWNER aaceptana ONUJNli NO aCCCP=M by UWNI Or ENGINEER of any such Subcontractor, Supplies or other person a or�t��zelion shall eanstitu, a waiver of any, right of OWNER err ENGINEER W reject 6.9.1. CONTRACTOR shell be, hefty responsible W OWNER and ENGINEER for ill acts and omissiat of the SubeommeWm. Suppliers and other peaom and or m a tiora perfuming err fuaching any of the Work under a down or indirect antitrust with CONTRACTOR just as CONTRACTOR i .aibte for CONTRACTOR's own acts and time an ire aerate of my men Numwn umter, Supplier or other person or orgamauon any mntracWd relationship between OWNER or ENGINEER and any such Subcama ter, Supplies or other person or agamation, am skrg it coon, any cblam en on the part of OWNER or ENGINEER to Fey or W see W the p rout of Wry morays due any such Subcontractor, Supplies or Ma person or organization except as may otherwise be required by Laws and Regulations. OWNER a ENGINEER may famish to any aubcom Bata. smani er or other cemon a rmmanimtimn andence of amomJs paid m CONTRACTOR in accordance with CONTRACTOR'S"Awliatamf RavmenC. • stmcotmamu mrvanors tstoa0vaanaaiW 13 w/aWOFF0RTC9tS MMOOMGT10M(aEV4o0Qd) 0 • 0 6.9.2, CONTRACTOR shell be solely responible f sclyddhig end cconirating the Work of Subcommeter% Suppliers and other pemars and orgxnimtme, performing a firntalent, any of the Work under a direct or indirect comma with CONTRACTOR CONTRACTOR shall roIn. all Suboammctera rpliem and such other persons and aganlmdors N mining or fa nieh'ag any of the Work to emnmmdc w with the ENGINEER through CONTRACTOR 6.10. Thedivisioruandactionsofthe Speda6i and the identifirmiicas of xny Dmwings shall not control CONTRACTOR dividing the Work among Subcontractors or Suppliers or delineating dam Work W Ise Mf..d by any specific horde. 6,11, All Work performed for CONTRACTOR by a Subearfmda er Supplier will be loramm W an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which "cifieally binds the Subcontracter a Supplia to the applicable terms and conditions of the Cormad Docmaeme, for the beoam, of Pmear Fees.4Royatlle, 6.12. CONTRACTOR shall Fay all license fees and royalties and assume all cmYs modern W the use in the gas, product or or copyrights h use lent of me, license tee or of such ngtrt shall be tract Documents. Tome, 4 agrme and other conaillams a and against all claims, eosLs, out of or rewlting from any rot copyrights incident to the m Work or resultisg [rota the c of any viverarm design, not specified in the Contract rawer aexout r>7ciwt10ws tatpa (tasoFadm) 14 wl0TY0FF0RTWW MMM1HM1 110t1 MV41l000) P.U. 6.13. Unless otherwise �aovided anthe Suppppkmenw Cr ditions, CONTRACTOR shall obtain and ray for ell conam Eon permits and ficemes. OWNER Shall aaeiA CONTRACTOR whom neceasery, in obtainig such for." and Itcenses. CONTRACTOR shall pay all governmental charges and inspection fees ...,my for the Frosxution of the Work whiah are applicable at the time of o mma, of Bids, or, if there are no Bids, on the Efketne Data of the Agreement CONTRACTOR shall pay all ehargea of utility owners for caaramorea to the Weak, and OWNER shall Fay ell ehrelp a of such utility . for capital costs related IhaeW such as pleat investment fare. 654, Lawsand)? g k6wrs: 6.14.1. CONTRACTOR shell give all notices end comply with all Laws and Regulations applicable W fumiahin,, and pafoamance of the Weak. Except where otherwise ex remty requited by applicable Lawa and Regulations, neither OWNER nor ENGINEER shall be responsible fa morutaring CONTRACTOR's eamplimso with any Laws or Repletion; 6.142. If CONTRACTOR performs any Work knowing or heviag mason W know then it is contrary W Laws or Reg.Imim% CONTRACTOR shall bear all claims, costs, losses and damages caused by, edshg out of m msduN thaefiaa: however, it shall non be CONTRACTORp unr '.ary revere ibility to make certain thatthe Spmi fiensanal Dmwmgaare in xcoordence with Laws and Regulatione, but this "If not relieve CONTRACTOR of CONTRACT OR'e abl,pt. auda paragraph 332 Taro 6.15. CONTRACTOR dell pay all salts, consume, use aad other similar taxes required W be paid by CONTRACTOR m xccad. with the Laws and Regulations of the place of the Project whidr are applicable daring the performance ofthe Work. 6.15.1. OWNER et exempt from Colorado San, am local mles xad use torts an materials to be pennanendVhmmwmt�inoa the g9jW Smdm= sbeR rot be irsludedm tiro Contract price. CONTRACTOR must avely forand receive,e Certificate of Harmon. limn the Colemd9 e=of Rava ore for con=di n materials to innoiooraled v¢o the motet This —ides that the,fBwitnorawaudmhsNmoR Bd Sales and Use Tm¢s an those dnlding of Marixmvia, Man the Address. Calaado Department of Revemte Stork Caoiml All 1371 mman Street Dawn. Colorado. 80261 Sales end Use Taxes for tc Smk of Colorado Re - 1 T ti D'A fRTDI d M. Colorado sounds are mlleced by the State of Cpjgudo gild chided in the CerlSmtion of Wasuption All h bl Saloaalo end U. T(molmlim Stitt an lecmd mxesl a env items other then cWd into M and bu up t lb mnielsphy CONTRACTOR and into the ismpit k a �dCONTRACTOR end am k h included m aomopr,ak bid items. Use grPrcmisee 6,16, CONTRACTOR shall confuse construction equipment, the storage of materials and equipment and the apeatims, of workers to the site end land caul mess identified in and permuted by the Contract Documents and other land mad areas permitted by Laws and Regulations, rightsaf-way, permute and easements, and shall rent mreawmbly aacumher the premises with comtrusetion oquilsnem or other mmerma or Nuipmmt CONTRACTOR amll assume full responsibility for any damage to any such lend or area, or to the owner or «.ufam thereof er fany adjacent land or areas resulting Gom the perfotmeme of the Work. Should an y clavn be made by any such caner or occupant because of the pedamance of the Work, CONTRACTOR shall promptly settle with such Won parry by negotiation or otherwise mrolye the claim by abitmtion m otw dte resoIuu. proceeding a at haw. CONTRACTOR shalt to the fullest catent permitted by Lews and Regulations, indemnify and hold be.[. OWNER, ENGINEEER, FNGINEER's Coraultam and any. directly or indirectly a.ployed by any of them from and against all chains, cost, losses and chma,es arising out of or resulting from arry claim er action, legal or is amble, brought by any sump own, or occupmt against OWNER ENGINEER or any other party ihmnifred hereunder k the amnt causal by a bared upon CONTRACTOR'S prf erne of the Work. 617. During the pogess of the Work. CONTRACTOR shall kery the premises, fice from accumulations of waste materials, rubbish and Whit debris reaching from the Weak. At the completion Of the Work CONTRACTOR shall remove all wen. caminala, rubbish and debris from and .about the premises as well as all tools, appliances, construction equipment and machinery and aarplus materials. CONTRACTOR shall leave the sum ch a m and ready for occupancy by OWNER at Subsnmiel Completion of the Work. CONTRACTOR shall resume k original caldltionail property nit decignamd for alteration by the Contract Documents 6.18. CONTRACTOR shall nu goad car permit any part of any satuctme to be traded in any mamser that will endanger the structure. nit shall CONTRACTOR subject coy pan of the Work or adjacent property to stresses or measures that will adanger it RerordDoe seta: FJCOC GENERAL CONDITrom 191" (1990 Eat ail w/aW0FF0AT WLWT9 M0DMCAn0Ns0REV, 2aca) 6.19, CONTRACTOR shall maimain i, a safe plain at the site one recod copy of ell Dmwirgs, Specifications, Addenda, Wriurn Amendments, Change Orders Work Change Directives, Field Onkm and written inturperetatiora and clarifications (issued pursuant to pmag,eph 94) m good enter and annotated to show all A,asmade daring consamobon These record ma,m tegether with all approval Samples and a counterpart of ell approval Shop Drawings will be Sgfdy and Pro acrioa: 6.20. CONTRACTOR shall be responsible for malting, maintaining and supervising ell safety precautions and prVems in connection with the Work. CONTRACTOR shall take all present. f the safety of arch shall pseudo the necessary peftfion k prevent damage, injury or loss, k: 6,20.1all parsons en the Work situa who may be affected by the Work; 6.202. allthe Workandmaterialsendequipnemto be incorpaslW them whether in slarnge on or off the site; and 6,20.3. other property at the site or adjacent thereto, moludmg trees, shrubs lamas, walks pavemaus, roadweyR sWmlues, utilities and Underground Facilities non designated far removal, rehocamn as replacement in the course dermaruction. CONTRACTOR shall comply with all epplicebhe Laws and Regulationsdeny public body havmgjums1c . for cifery of persons or property or to protect them &inn damage, unitary, or loos; and shall sect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall testify ownen of adjacem poperry and Of Underg d Facihtin end utility owners w}sen prosecution of the Work may arrest them, end shall moporate with them in the protection, removal, relocation and replacement of their property. All damage, injury a Ioss to any property referred to m paragraphs 6.20.2 or 6.203 caused directly or idrecdv, in whole or in cart by Idbl.. ENGNrE Consultant or anyone employed by any of than or myone for whose acts any ofthern may be liable, and not attributable, directly Or idrecty, in whole or in part, to fix fault ar negligexe of CONTRACTOR or any Subcontramor, Supplier a other person ar crgmimtion directly a indiecty employed by any of them). CONTRACTOR'S duties and resp.ibihties, fa the sit fdy and protection of the Work shall aa¢iue mtil each time as ail the Work sa completed and ENGINEER has issued a • L n 0 notice to OWNER and CONTRACTOR in sccordanw wilhperameph 14.13 that the Work is acceptable (except as otherwise expressly provided in cormxtion with Substantial Conpletio). 6.21. SafetyRepresenbaWer CONTRACTOR shall designate a qualified end erprienced safety representative at the site whose duties andrespensbilities shall be the ravmeamoofersidmis and the mammon, and supervising of mfety premutions and programs. Ra:rtrd Communinam e. Programs 6.22. CONTRACTOR shag be responsible for .the, humid any exchange. inform safety dam sheets be other humid le W ocvuon information 1san required W be made available m or enlarged Mween or among employers al the site in eccorderoe with Laws or Regulations b"ergennes: 6.23. In emergencies mdfectirg the safety or protccpm of person or the Work or property at the site or adjacent Rmreb. CONTRACTOR, without special destruction or authodmtio firm OWNER ce ENGINEER, is obligmed to act to prevent threatened damage, injury or loss. CONTRACTOR shaU give ENGINEER prompt writer notice if CONTRACTOR believes that arty significant changes in the Wok or vmintios from the Contract Dommenis have been caused thereby. If ENGINEER dwermines that a change in the Conrad Douments is regJued beaux of the sermon taken by CONTRACTOR in response te, such an emergency, a Wok Charge Directive o Change Order will be issued to document the crurtueaces of such action 6211. Shop Drawi gsmrd&mtp(es. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER fen review and approval in..dmrce with the accepted schedule of Shop Iumemge and Semple submittals (see pamgmph 2.9). All substrata will be identified ore ENGINEER may equre and in the mnrmbar of topics specified m the General Requvements. The data shown o the Shop Dmwmp will be complete with respect to quantities, dimensions, specified perform uses and design riteria, materials amp similar data 1. show ENGINEER the manuals and equipment CONTRACTOR proposesto provide and to enable ENGINEER to review the Fefrmatio for the limited purpose required by pamgeph626. 624.2. CONTRACTOR shell elm submit Svmples to ENGINEER for review .and approval to maeordame. with said accepted schedule of Shop Domorgs and Semple submittals. Bach Sample will be identified clearly as to mderml, SeppEo, pertinent data each . mWtcg numbers and the use her which Mended mid otherwise as ENGINEER may require to enable ENGINEER. to review the submittal far the ]united 16 r]rerxro�M W70N319104(199asdrm) a1=0F1ORTCO MMM1F1CA➢0MW.EV4nWa) prrp®es noti ed by pera®ep4626. The numbers of each Semple to be mbmarrel will be sa unsettled in the Specifications. US. Suhmifml Procedures: 6.25.1. Befoe subiratf g each Shop Dre a Sample, CONTRACTOR shall have dettiewt e d verified: 6.25.1.1all field nuesuremenle, quantities, dimensimq specified pafarmemn criteria, imie laaon requtramors, matri.1% catalog numbers and s arar information with respect thereto, 6.25.1.2. all materials with reaped to imonded use, fabnientio, shippv�g, Imrdlirg, mrg assembly aril insists. lot p¢mwng to the perfomsnceofthe Work and 625.13all information relative to CONTRACTOR's sole responsibilities in respell of means, method, tacdmuptm eq..=a and procedures of comet uctim and safety pamutlons and progrems incident thereto. CONTRACTOR shall akm have reviewed and coordinated man Shop Drawing or Sample with other Shop Drawings and Simple. and with the requirements of the Work and the Contract Documents, 6.25.2. Each submittal will bent a soup or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obliptios undo the Comma Documents with respect to CONTRACTOR's review and approval of Rat submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific writer notea.fsuch variations, if vey, that tle Shop Drawing ar Sample submitted may have tan the requirements of the Compact Documents. such entice to be in a written communicedran separate to. the submittal, and, in addition, shall ruse a specific rotation to be made on each Shop Drawing and Sample submitted to RNGINEM for memie and approval of each aucb eariation. 6.26. ENGINEER will review and approve Shop Dmwi�gs end Samples in accordance with the schedule of Shop Drawings and Sample mbmitals accepted by ENGMEER as rcctiumd by pmagrsph 2.9. ENGINEER. mview and approval will be only to detemue if the items oevamd by the submittals will, after misellatro or Innerprebon in the Work, confirm to the information given in the Contract Documents and be compatible with the design concept of the leted Pr ject ns a functioning whole as indicat� by the Comfit Documents ENGINEERa review and approval will net exond to means, methods, techniques, sequerces or proceduresof construction (except where a particular means, method, technique, sequence or procedure of co mruaion is specifically and expressly celled for by the Conrad Immusents) or to safety precautions or programs iaddent therein. The review end mprm'nl of a separate item as each will not irate approval of the assembly in which tiw item. furaname. CONTRACTOR sha0 make corrections nuanced by ENGINEER, and shall mean the requhed number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR "M direct specific euention in wriNg In revisiom other than the correction called f by ENG[NEER m p sevicus mbar orals 6.27. ENGINEER. review and approval of Shop Dreamgs or Samples shall nil relieve CONTRACTOR from resparrability for any variation from the reautrmimta of the Common Dmummts miles, CONTRACTOR has in writing called ENGINEER'S mention to ach each vmiate. at sire time of submission m repuad by paragraph 625.3 and ENGINEER Ions given corium approval of each such variation by a specific written marine thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor, will say approval by ENG]NEER clieve CONTRACTOR from bitty I. comply4withtlxrequ.mn d,.Wa 625,1. 628, Where a Shop Dmwhg or Semple is required by the Contrad Comments or the schedule of Shop Drawing and Sample surlsnissicane accepted by ENGINEER n required by Peregaph2.9, say related Work performed pnorto ENGINEERS review and approval of the Panama submittal will be at the sole egmnae and responsibility of CONTRACTOR Cmninuinglke Work: 6.29. CONTRACTOR shall non don Work ant drone to the progress schedule Aaing aE disputer or disagreements wtlh OWNER. No Work shell be delayed or postponed lrendmg resolution of any d'mpmes a OWNSm and except n pcTOR by pmragmph 166 m as OWNER and CONTRACTOR may otherwise agree in writing. 6.30, iX0 TRrICTOR's General Wwm(v and GLara n e, 6.30.1. CONTRACTOR warmers and guarantee m OWNER, ENGINEER used ENGINEER'S Commands that alp We& will be in .,d.. with the Commit Dacumem: end will net be defective. CONTRACTOR'S warranty and gramme loremrder excludes defects or damage caused by: 630.L1. abuse, indifiation on improper cram ence or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. romtal war and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and cemplete the Work in accec&xe with the Cement t Documents shell be absolute. None of the Mewing will cosma a an acceptance of Work that is tat in suordana with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Desmarais: 6.30.2.1. obser wiomby ENGINEER 6.30.22. recommendation of any program or final payment by ENGINEER; 6.30.2.3. the ines. of u certificate of Substantial Canpleticn or any payment by OWNER w CONTRACTOR ands the Contact Documents; 6.30.2A. use or ccoupency of fla Wax or mry part theredby OWNER; 6,30.2.5. any acceptance by OWNER ar any failure to do so; 630.26 any review and approval of a Slop Drawing or Sample subramal a the issuance ofa notice of acaptabihty by INGINEER purmem to peregaph 14.13, 63M T any inspection test a approval by others or 6.30.2.8. mry ommm. of defective Work by OWNER Inch enilcaden: 6.31. To the fullest crtem permitted by Laws and Regulatem, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the oEmers, diremas employees agents and other consulates of each and any of them from and naimut all claims, costs, losses and damages (including, t not limited to, ell fees and charges of summers, architxts, nuomeys and other professionals sal all stun or arbitration or d}er dispute resolution casts) caused by, raising out of or resulting from the perfamasce of the Work, provided deal mysuch claim, cos4 Ions or damage: (i)is attributable to bodily injury, awlmoo. disease or death, or to injury to or destruction of tangible peeperty (other than the Work nrell), including the puss of me Subcontractor, any Sapphic, any person or organimhon directly or indirectly employed by any oftlrm to pufare or furnish any of the Work m anyone for whose ads any of them may be liable, regardless of whether ornot eased in pantyty mry n�tigence or omission of a person or entity .&in deed hereunder or whether liability is unposed upon such indemnified parry by Laws and Regulations regrdlyer offsnegli cam, ofanyeace per. aentity. 6.32. In any and ill claims spread OWNER or ENGINEER or any ofthem respective ernealtio a, agents, oflcers, directam or employees by cry, employee (or the survivar or personal representative of such employee) of CONTRACTOR say Subcontractor, any Suppler, any person a organimiion dumtly or indirectly employed by escocamaaent. conwnots tsto.a Oa9agtitlm) 17 wixaavat•eoximu.nusmo0mtcsnorrsp�vaasso) 0 0 any of them to perform or famish any of the Work u won. fa whom aces any of then may ac liable, the indemtufiwtion ablution under paragmph631 shall Out be limited is any way by any uutapor cn the amours or type of damages, compensation or the rigs payable by or for CONTRACTOR Or any such Subcontractor, Supplier Or other person or orgy nimfion under workers' compensation way disability benefit e2s or ether employee benefit acts. 6.33, The udemiscation bIrtions of CONTRACTOR under pmr�aph 631 shall our emend to the liability cf ENGINEER and ENGINEER, CowlWras, officers, directors, employees or agents mused by the profetaoml negligence, eraas or.,.a. ofany ofthan. Skrv,,d of0blTain. 6.34. All mismi amtiom, imh omficationv, warranties and gumurnms made at ramrod by or given in accordance with the Cannot Do .mK as well Rs all mNinwng obligations indicated in the Commit Documtswill en, .m. fowl payment, completion and acceptance of the Work aM termimtion or completion of the Ageemma.. ARTICLE 7--OTMR WORK Rd.W WWk at Site; 7.1. OWNER may perform other work related to the Project at the site by OWNER', own faces, a let other direct mnaacts thxefa which shall cemein General Conditions ,undo, to these, or have mhcr work performed by utilityems. If die fact tlnt such other work is to be perfumed was not noted N the Customer Documents, than: (i) wnuan nonce thereof will be given to CONTRACTOR price to starting my, such other work. and (u) CONTRACTOR may make a clam therefor as provided inArticles 11 and 12 if CONTRACTOR believes that each performance will involve additional expanse to CONTRACTOR orrequires additional time and the purace, areumble b agreewrotheamounlorextemthereof 72. CONTRACTOR shell idli d each oil= conhatta who re a party b such a direct summit and each utility owner (and OWNER, if OWNER is perfoaning the additional work with OWNER's carpb,cm) proper and safe secem to the site and a remombpe opportunity for the introduction and wage of materials and equipment and Me uccutim of such other work and shall properly comcct and coardirem the Work with them, Unless otherwise provided in the Conhact Documents, CONTRACTOR shall do all cutting Subg and patching of the Week film[ may be required to make its several parts came together properly and integm, with such other work. CONTRACTOR shall not endanger any work of others by cutting, exmvatmg or otherwise slmrmg their work and will only cut or alter their work with the written mutant of ENGINEER and the others whose week will be aHxted. The duties and rapme�bilities of CONTRACTOR under the pragflph aR for the benefit of such utility owners and other contractors to the extern that there am comparable is ERACOENmtAL MM710re 19104(19305miem w/CITY OF FORT WLLIM MOOmIC mobs (REV 441000) provisions fa the benefit of CONTRACTOR in mid direct contracts between OWNER and such utility owners .due. contractors. 7.3. If the proper execmion or results of my pan of CONTRACTOR', Work d1ands upon wok afeamed by others under this Article 7, CONTRACTPOR shell animal sach ether wok and promptly report to ENGINEER in writing arty delays defects Or deficiencies in such other wok that render it ueavaileble or uwimble for the proper execution and results of CONTRACTOR', Work. CONTRACTOR', fail. an to repot will mrmlitute an complaroe of such other work as fit and proper for integration with CONTRACTOR, Work except for Invent a norup mown dofects and deficiencies in such aher work CaWrFnaeion: 7A. If OWNER contracts with ocher, for the performance of other weak on the I'myset at the site, the following will be set forth in Supple ors ary Conditions: 7.4.1. the pereuL for or corporation who will have authority and remamibility for coeadhstion of the activities among the vicious prime oontt'xtors will be identified: 7.4.2. the specific matters M be covered by such authority and respons3dity will be itemiisid, and T4.3the exam of such authority and responvbilmeswil) be provided. Unless mhowiae provided in the Supplementary Conditions, OWNER shall have sale audarity and responsibility in respect ofeucheoardination ARTICLE 8.1 Except as otherwise provided in these Gmaxal Conditions, OWNER 9.11 a. all caamatieetions an CONTRACTOR tlaoughlINGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint wie meet agaumt whose status under the Comma Docammtx shall be that ofth, forosa ENGINEER 83. OWNER shall Annual, the data required of OWNER under the Counsel Documents promptly and shall make paymeent to CONTRACTOR pronptly when they we rue as provided in paragraphs 144 and 14.13. HA OWNER', duties in respect of providing lands and comments and providing ongmcermg surveys he establish reference Tam we set fah in pmaguphs 4.1 and 4A Peragiph42 ref to OWNER's identifying and ..king available to CONTRACTOR copies of report of explorations and tests of aubsurfew conditions at the site and drawings of physical conditions in existing struenues at or contiguous to the site that have beenutilirxd by ENGINEER inprolmrmg the Contract Documeme. MR' drasing anal-mewteinvg liability end propwax,rearemaa,i s& ith 8A OWNER a obligated to emmm Change Old. as indicated in paragraph 104. 8.7. OWNER's responsibility in reaper of certain mgsections, duets and appmvals is sal faith in paragraph 134. 8.8. In cauratio with OWNER's right to sop Work or suspend Wmk see pamgrephs13.10 and 15.1. Paragraph 15.2 dean with OWNER's right N terminate services of CONTRACTOR under erndn cucumstarma 8.9, The OWNER shut not supervise, director have omrol a authority wer, nor be restornible fix, CDNTRACTORS manna, methods, lohomuw, sequences cr procedures of conarmo m or the safely lacerations and yaagrams incident thereto, or for any failure of CONTRACTOR to comply with Lawa and Regulations applicable m the furnishing o parfrrmaroe of the Wmk. OWNER wad rot nd reapnwi6to far CONTRACTOR' future to perform or furnish the Work in mzardence with the Cotract Doeements angmmnl^him >H. OWNERS respanaibility-i. rme espeotlhof�m*vtn-the supplammmq-C raii.o ARTICLE 9 ENGINEER'S STATUS DURING CONSTRUCTION OWNER'aReyanamotarive: 9.1. ENGINEER will be OWNERS reprexmative during thecnnumaei. period. The duties and responsibilit ies and the bmimtiors of authority of ENGINEER as OWNERS repreanardim dunuugg comminution are set forth in the Contract DreammW card shall rot be .wended widiont written eattant of OWNER andENGINEEER. l'b to m a& 9.2. ENGINEER will make visits to the site at imervds apfropnate to the various ergee of commutation as ENGINEER deans necessary in order to observe men experienced and qualified deeign profeadoml the Froguess of the of WNIItAULUM eamtma Work, naao . IN'mnanon obtained during sueh vans and observation, ENGINEER will o ndewar for the benefit of OWNER to determine, in general, if the Work is promoting in accordance with the Contract Doumems ENGINEER will not; be requ'ved to make exlmostive or continuous on, site ircpeetio s to click the quality on quantity of the Work. ENGWHER's .Botts will be directed toward providing I. OWNER a greater degree of cifidence that the completnd Work will conform generally to the Contract Dotmenm. On the basis of inch viva and on - visits and cneile obsmvimorm are subject to all the limitations on ENGINEER'n authanty and respvubdity act forth in paragraph 9.b3, and partimlmly, but without fiamtier, dorrtg or as a remk of ENGINEIE's .site visits or obscurojors of CONTRACTORS Work ENGINEER will out sapwvvse, direct, comml or have authority near or be maporsible fen CONTRACTORS means, methods, wehniques nequenes or proedues of ooduretion or the safety precautions and progrema incident thereto, or fen any fvlure of CONTRACTOR an comp ith Laws and Rrguhatiors applsable to thhe fur or pmfcm=e ofthe Wok P jarRepmr.&d..- 9.3. If OWNER oil ENGINEER agree, ENGINEER will fiodsh a Readmit Rojet RgresemEtive to amatst ENGINEER in �eovidi g more continuous observation of the Work. Th reapmuibifities and authority and limitations dorean of any mmh Resident Aojem Repaesenmtive and asdsmms will be rev prwidel in p.ragraid.93 and 9.13 ad in the Supplinumm Corolla. of these General Condid . If OWNER duaigmtes another re any . or agent to represent OWNER at the site whoa rot ENGINEER'S Coredmra, .agent or, employe, the responsibilities and mthMiry and limitations there. of soh other person will be as 931 r he Rormamfuriv's &.Bens in matters Vining to the onsite work will in ¢¢renal be with the TiG1NEER eM GNTRAGTGR But the Rjepreae=ve wdl keep ds OWNER moeely edvix about such matters The Remaen tive's deelm® wi mbcotracbm will odv be rhmu¢h a w'th fid1 knowledge end eperovel of the CONT RACTOR 932 NausandRopaimbilm. Rovinuenative will. 9321 Schedules - Rwiew the mrrmess • LICDC OfNFAALCOmrnot& 191o.s fsao&SmIW 19 We UW OF FORer OJ MMWIPICAfrONSQ 42(00) 0 0 .h-duk and othu ached.]. oamad by the CONTRACTOR and cmauk with tl ENGINEmc�.w wbdiN. 9322 Cmfeances OW Meeiin¢ - Attmd mma_ with the CONTRACTORk- ac�h es ctio coMerencea a .a mee- and other iob cmferemea a txevaa and chculak covi. of mmut. of mat rws 9323.Lieison 93231 Serve as ENGINEER'S haimn wi CONTRACTOR workitw mirmicaRv t m h CONTRACTOR'S superinlendem w eav m the CONTRACTOR in undo Mdirm the Cmtrect Uwummis 932.32 A.imm obtawnm faro OIVKR sddi' details m mfmnakon when mwired%r macer execution at W Work. 93233 Advise th RNGRJERR end CONTRACTOR of the mmmerwwnmt .f row Work rewvnm a Slmo Drowns a smnvle wbmiasian,r d. submission has not ban eouoved by the ENGWUK 9.32 4 Review .f Wak. Rejectim of Defeaive Wmk LamecGau antl Teas - 93241 a d.t onade obe au, of . the Work w tm. w m de.lw et the Work is uoceedine N aom 9with the Cameo Docwn" 93.2.42. Reoon w rhe. ENGINEER whermvu the Remesent W. believes that the Work is uasatisfactory faulty a *Fcgbve a do. rwt comam w the Comma Dowmeme a ties been dsmaeed a deep not mm the rwdremems of any .mwc term or emtovals rmti red W be m de' and edviw the GINEER when he th=wuk s Wd be ccrrsted m rciomcd m aI — be u wmd faf otrsenalwn or reauves wedal kslirw imveetim or aomovel. 93.2.4.3. A m vid' w rcoasemnw wbl'c ev she jwsdietim over the project retail the resulm .f these hmcediarts and remn w [he LWGWEER 9325 Imermetatim of Cm" Documents. R� b. ENG r�'6>ER when denliations and imeraelelions of the Cmtma en as needed d trer®nit w CONTRACTOR clmifiation mid imea by M. of the Contma V. enm u issued. by the ENGINEER 932.E Mod fimu es Co..idu mad eveluek CONTRAGTOLY suga.tiore fro 20 slcoc�rmnt cow8nprs tsma0sysseam) wIUW OF FORT WW MMWO''I=OMd MWO) modification in Dmwmm or S=ifimfiw end reoort th.e ..... dat ore w ENGINEER AmmiWy han i[ ONT w CRACTOR ,,. mm rseued by the ENGINEER 93.27. Remrde. 93281 Fmnieh ENGINEER mnodic aaods as rmuiad. of the aces. of the Wodr end of the CONTRACIOR'S canoliame with the I'raVtea% whedule and schedule of pb.o Dmwma end aamole mbmmp 43282 Cmwlt with ENGINEER in advance of schedulir� ma ar tests mspemionv or star oCimwrtan[ o—fieses of the Wmk 932.83. That wm,m Charee Orders and Wuk Dnective Chanem obwwine hack.. materiel Gam the CONTRACTOR mid recanmend w ENGINEER Chyme Orders Work Directive Chmm, end Geld mdcm. 9.3.2.84. Real immabowly w ENGINEI�2 end OWf.9 R Ne act Mm of am ewidu2 9329 Faym=&g2esm Review eQFlwetims fapeymem tv th GONTRACTORfu mmoli.. with the a bli@Ired for their i d __ aril wtM recommendation w gd oa��l .1v 1 i�� r � �, ' � /ip ��/ -•1 p� r I �,� a a Ron b�S lip Fz� ti lllyll �y/�9pr e l R l r gll ; III / t az yq1y, k�l �i 4pl�y� A j FmIN 811 I ��'w fie$ /TII, v el A r�i/�/�JI s/� I%/i ,��1. '�V� 2E i X�lii 0 0 ENGINEER r a am nor b.lmly the rela[iomhip of mWarements of the Cmand Dmumenm (in tbe form of the tat r u.ted 40 the xhedule of va Drnwin8s or ollvansm) as ENGINEER may demrram k 1 end etavls d eta necexwy, which shall be cansidenl with the met of an delivered at the site t not hrcaoceated m the masombly inferable tram the Contact Decumem, Such Work written clanfimtians and inou nalatimw will bebindingon OWNER and CONTRACTOR If OWNER a 93210 Cernplehan CONTRACTOR behoves that a written clmifimbon or i atexpremtica pstifies an adjushnent in the Contract Rice 93210 1 Before ENGINEER issues a or Ire Contract Tim. end the parties ere unable to agree Certilleare of Substantial Cemnle[ on submit m Ne amount or extent ihaeof, if atry, OWNER a to CONTRACTOR a list of absaved items C N'PRACTOR any make a written claim dr dQ as Manna axreaft. or cornaletion provided in Article l l or Article 12. 932.102. Conduct foal Iremtion in the A.M.,ired Yanalioasin Work: oammnv Of the ENUMBER OWNER an CONTRACTOR and p�epme a fiml list of 9.5. ENGINEER may authorize minor variations N itemstobe corrededorcomaleted. the Work from the requhemema of the Contract Dooume arts wNdh do ant a ed,e . ad astral in the J.. 93.210 3 OMerve fret ell items ga_QP Contract Price a tlw Cmihac[ Tunes awnfatible final I at Ice. be. mVWw mmalded and with the design mnxpt of the cvnpletcd Pmj.t . a make remmmmdations to ENGINEER functioning whole as indicated by the Contract mncemingaeceplame Decoments. ThesemnybeamomplishoibyaField Order and will be beading on OWNER and al. on 933 Limitation of Authority: Tbe Remesentative fall CONTRACTOR who shall eclam the Work involved not. spay NOWNER or CONTRACTOR believes that Field Orderjustifies m adjustroent in tbe Cmtrad Price or 9 3 31 Authorize any deviations from We the Contract Times and the parties are arable to agree m Contract Documents or acemt one 99b9 k to the amount or astanr thereof, OWNER or metenals or equ turnout. aulhon W by the CONTRACTOR may make a wnttm clam Motor m ENGINEER. provided in Article 11 or 12. 9332 Exceed limimrions of ENGINEER'S Rejeging DefeCive Work* authority as eat forth m the Centred Documents 9.33 3 Undamke env of the reswsmbilities 9.0, ENGINEER will hove authority to disapprove or • of the CONTRACTOR Subconmaxaz or reject Work which ENGINEER believes to be al, ec bev. CONTRACTOR'S sumnaler dent or taut ENGINEER believes will rat produce a completed payed tent conforms te, the Conrad Documems or that 9334 Advise an or issue tivectiom relatve will peejudice tbe intgpity of the deep concept of the W. or assume wntrol ova one asoedt of be -ones mmplehd Rotes . a fwa:tiowg hole asudimred by bmuma= mans methods [x aeaL cs_ o{ the Co. ENGINEER wol also have nmttdures far comtrucflon unless such is autuxily to require special inspection or testing of the srccifimlly celled fa inthe Contract Domnnmts. Work es provided in paragraph 13.9, whdha or rea the Work ¢ tabnmted, installed or completed. 9335 Advise on or issue dnutiom ®ulna or assuree connal aver safety Skup Amvinge, Change Orders andPaynuna: and magmI. arms orola. with the Wary yrare le. 91, In ...I.with ENGINEER'S authority as to Shop Dawirigs and Samples, see paegaphs 6.24 taaupJa 9336 Aecem Shoo Dmwiwa or rample 6.28 inclusive, submittals from any, etas taaa the CONTRACTOR 9.8, In eomaction with ENGINEER's authority es to Change Order%see Articles 10, 11, end 12. 9.3.33, Authmim OWNER to occoov me Wmk m whole or in 99, in corm 2ian with ENGINEER's authority as to Application for Paymaq see Article 14. 9338Patcimte in vagi imd field or lebomtary f.ts or irtpediam emAnGed by otters Deternuoudi ssfor UWRcea: nx as spxifimlly eutboriud b the ENGINEER. 9.10. ENGINEER win dHetmina the actual quantitic, and classifications of Unit Rice Work performed by Cfmijrcatiaaandlmi"mi sea: CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER'S prelimimry 9.4. ENGINEER will issue with rmxnable promptness determinations on such matters before m knag a wnt[en such wrau n clarifications or inmrprdations of the decision ther ran Eby recmimendation of an Application FJCOCOFNFRAI. COMllnOi8l91a8 (IWaFNim7 21 W qTY OP FORT W W.IM4MWwICAT10NS QlEV 42000) r-I for Payment or otherwise). ENGINEER's written decision decims, unless obarwea agreed in writig by OWNER thereon will be foal and boating upon OWNER and and CONTRACTOR CONTRACTOR roles, within ten days after the data of any such doodah either OWNER or CONTRACTOR 9.12, When fonctirmvg as interpreter andjudge under d by= k the other and to ENGINEER written notice of pamgmphs 9.10 and 9.11, ENGINEER will mar show intention to appeal from ENGINEER's decision and: (i) an ppmentielity to OWNER a CONTRACTOR and will not be appeal foam ENGINEER'a decuionts taken with. tha tune an ar camurrion with any veep hor or decision loots end m acordarce with the procedures tit forth in rendered in good faith in such capacity The remdenng of Pdubit GC-A,"Dispue Resolution Agreement",entered a decision by INGINEER pursuant to paragmhs 9.10or uao between OWNER and CONTRACTOR pumuant to Article 16,or(ii)ifnosuch Dispute Resolution Agreement 9,11 with respect mansuch claim, di k or other matter(eccemarrywhich havehenwsived bythemaking has been entered ode, a formal pmauLrrg Is continued by a accep. of foal payment . provided en the �pl all.g party in a ft. of competert jurisdiction k exacaes a.h righL.aremediesssthappealm,putymay p oragmph 14.15) will le a conditlw IIud...data to any execise by OWNER arCON'TRACTOR.ofmchrightsa have with respect to ENGINEER'S atomism, unless remedies as tither may otherwise have under the Contract otherwise agreed in writing by OWNER and Documents or by Lam or Rawlatkm in respect of any CONTRACTOR Such uppeal will not be subject to the such clarm, dispute or other manerpwmrad�. pmcedmes ofpmegmph 9.11, 9.13. Li uRa(iews an ENGINFFR'a Authority and Deef.casan Digwtes: Remanad'/ifies: 911. ENGINEER will be the initial motorcar of the 9. 13.1. Neither ENGINEER's authority or requnements of th Corstract Docwnmts end judge of ilea respotuibibry under this Article 9 a miler an othe accepabilityofthe Wodthereunder Claime,disputessrd prwisi, oflheContrect Documdsnor an aekron 'I other mattes relating to the aaaptabfli y of the Work or made by ENGINEER in goad faith ©the to exercise the interpretation of the requirements of the Contract ar not exercise such authority or responsibility or the Dmume taperowng to the performance and furnishing of udentakit� exeose a paste of airy authority the Work and claims ceder Articles 11 and 12 m respect a or r.pam'biluy by ENGINEER stall creak, impose changes in the Cautious Price or Contract Tunes will be or give rise to arty duty owed by ENGINEER to referred mitially to ENGINEER in writing wah a reyu st CONTRACTOR any Sud:anmcbr, any Supplier, for a funnel cidon m accadatee with this paragraph. any other person or agannmlmn, or to any at, for Written t.f. of each such claim, dispone or other matter or employee or agent of any of them. will be delivered by the chavnam to ENGINEER and the other party to the Agreement promptly (hut in no event . 9.13.2. ENGINEER will not supervise, direct, later than ready days) after the start of the occurrence a comtol or have authority over or be rmpmsibk for eveffl giving rise thema , and written anp�atuy� data will be summonand summoned to ENGMER athe other party within CONTRACTOR's car q methods, kehmitic , sequences or procedures of cmnatruedR or the safety scary days after the start of such ocwnera:e or event unless precautions and programs incident thane, or for any ENGINEER alloys as additional period of time for the faihae of CONTRACTOR k comply with Laws and submission of additional a more accurate data in support Regulations applicable to the burnishing a of such claim, dispute or othermatter. The opposmg party performance of the Work. ENGINEER will art be shall submit may recourse m ENGINEER and the claimant responsible for CONTRACTOR'S failure in perform within duty days alter receipt of the charisma last or famish the Work or accordance with the Contract sularmad (unless ENGINEER allow additional timed. Documents. thirty days after receipt of (be opposing parry's submittal, if 9.13.3, ENGINEER will not be responsible for the any, m accordance with (his paragraph ENGINEER's cars m massacres of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcamorcior, rimm(/ Supplier, or of any other person a be gml ant bindag upon OWNER grid CONTRACTOR agartim[ion pertonnmg or furnishing any of the antes: (i) an appeal tram ENGINEER'S decision is taken Work. within the time limits and in axordance with the proedures tit forth in EXEIBIT GC-N 'Dispute 9.13.4, ENGINEER'sreviewofthe5na1Appluam. ResolutionAgreanene, routed raw between OWNER and for Payment and ..ponying documentation and CONTRACTOR puruam to Article 16, a (ii) if no such ill mainknana and operating uatractionq schedule, Dispute Resolution Agreement has been enteral ink, a gar mneea Bonds and certificates of maludarm, teas written entice of intention to appeal from ENGINEER's andappow.lsmrd ether documentation My -be written decision is hdoaed by OWNER a dakvered by pa.gmph14.12 will omy be to CONTRACTOR to the ouster and to INGINHER wilrvnn deramme generally that their contend complies with thirty days after the date of such decision and a formal the requirements of, and in the case of eati6mks of proceeding is institu el by the eppming party to u from of n spice m tests and approvals that Hon results computed jurisdiction to exercise such rights or remedies ce ifid indicate compliance with, the Contract as the appealing party may have with re�ea to such claim, Th.cas te matter m ac distance or other cordance walr appluslak Iaws and Regulations within sixty days of the date of each 9.13.5. The. Indian. upon authority ant 22 FJCOCfl6'NmUL LUN[AIlONS r9r0.8(1990E6tim) 40 w/aWOFFORTMO MMOUIF1 nONS=V4Qam) msponibility, set forth ut this Pumice ph 9,13 shall also meaty to ENGINEER. Consalanta Resider¢ Project Repreaentmdve and ematem , ARTICLE 10—CHANGMlN THE WORK 10.1. Without invalumfug the Agvasucat and without notice to any surety, OWNER may, at my, time m from time to time, order additions, deletion, an mvtsian in the Wak. Such additions, dehmons w revision will be andiu and by a Wrten Amendment, a Change Order, a a Work Change Directive. Ulan receipt of any such daument C NTRACTOR shall promppttly proceed with the Work involved which will be parmand under the applicable cmdidms of the Contact Documents (except m athenwise specifically provided). 1n.2. If OWNER and CONTRACTOR are unable to agree m to the silent if any, of en adjustment N the Cormact Price or an mijusment of the Contract Timer that should be allowed as a moult of a Work Change Directive, a claim may be made themfw as provided in Article 11 or Article 12. 103. CONTRACTOR slap cot be co itlW to an iarwx in the Conduct xis or an amenem of the Cmhnet Timer with reaped to any Work perfooned that s net agwrtd by the Contract Documents as scended, modified mid supplemented as provided in Paragraphs 3.5 and 36. cuept in the case of an metgemy as provided aslaragmph 6.23 a m the case of uncovering Work as provded in pemgraph 13.9. 10.4. OWNER and CONTRACTOR shall emanate opproprimm Cleanse Orden meanmended by ENGINEER (or Written AmeMmerJs) covering: 10.4.1. changes N the Work whidt me (i) ordered by OWNER pumumst to pangmmpphh 10:1, (b)mqundd because f ecepacoe of d�cAva Work unddr Pemgmph 13.13 a mmecthg dafackva Wmk undo paragwph 13.14, or (d) agreed to by the parties, 10.4.2. diseases in the Camas Price a Contrail Tim6whichamWeedtabythepart m mid 10.43diseases in the Combined, Price w Candid Times wbma embody the substance of any written decision rendered by ENGINEER persmnt to pmagmph 9.1I; provided that, in lieu of executing any such Change Order, an appeal may be takes fiom any such decumn in cordancc with the provision of the Contract Documents and applicable Laws and Regulations, but daring my each sepal, CONTRACTOR shall wiry on the Wak and adhere to the prdg{aa schedule as provided ut paragraph 6.29. 10.5. If notice of any slangs off ding the general scope of the Work a the provision of the Contrast Documents FS. ubiysnA coN nobs 19104(1990fialimd W aT Y OF FORT c0111M MOOFICATIOM (REV 4/1000) (including but not limited to, Contract Price or Contract Times) is required by the I rovsion of any Bond In be given m a suretyry, the giving of any such n. ion will be CONTRACTOR'. responsibility, and the amount oC each vppli.mle Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Concoct Price mammas the total W CONTtian (subject to mrthmimd adjWmIL s)payable m CONTRACTOR Cor pert macs the Work m dories. respaniTRAC and shall be M aONI R to or urckrteken by CONTRACTOR shell be m CONT'RACTOR's expense withaa dirge in rho Collect xiw. The Contract Price may only be changM by e Order a by . Written Amendment Any .lean Iiusment in the Conrad Price shall be based on wrinennotice, delivered by the party makrtg the claim In the other party and to ENGINEER {vmuptly (but in as event later than ddrtv dave) after the dean of the additional or mac accurate dam in capon a the chaos) and shall be accompanied by claimant's written stateme t that the adjustment claimed coven all known amounts to which the chimera is entitled as resWt of said occurrence a event All claims fc or adjunent in the Commit Price shall be determined by ENGINEER in vcemdance with p cquisph 911 if OWNER and CONTRACTOR cannot otherwise agce an the amount involved. No claim for an adjustment in the Cmo-ad Price will be valid iftmt submitted in aecordsnce with this paragraph 112. 11.3. The value of noy Work covered by a Charge Order or of any claim fa an adjustment in the Contact Price will be determined as follows, 11.3.1, whac the; Work involved is covered by unit prices contained in the Commas Duccom ts, by applimdm of suds mJt prices m the gmmhiw of the items involved (subject to the provision of i • F • 0 paragraphs 11.9.1 though 119.3. inclusive) 11.3.2. where the Work involved is mi covered by unit prigs contained in the Contract D..asts, by a normally agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11,62); 11.3.3when the Work involved m mtcoveredby unit prices contained in the Conrad Docoments and ageereenl W a lump sum is not reached under (��aph 11.3.2, car the bamsof the Cost of the Work (htamvud as provided in Fwmgaphe 114 and 11.5) plus a CONTRACTOR's fee for oveh®d and profit (determindasprovidedin paragraph 11.6), Cost ojWe )Nark 11.4. The corm Cast of the Weak meanss if. sum of all vests race vrily incurred and paid by CONTRACTOR in the Rorer performance of the Work Except as otherwise .may be agreed to m.6% by OWNER, such casm shell be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the cols itemiad in ptmgmph11.5: 11.4.1 Pa oll c es fw employees a. the direct employ YCONTRACTOR m the perfe...e of the Work under schedules of job classifi®tims agreed upon by OWNER and CONTRACTOR. Such employees shill include without limitation supgmtemkies. foremen and other fictionist employed fall -knee at the into. Payroll costs for employees not employed mil -time on the Work shape be apportioned m ibe basis of their time spent an the Work. Payroll torts gall mol l% Wtna be Innned" salmics and wages plus the coat of fringe benefits which shall include social security cmtributims, mtemployment, excise and payroll taxes, workers' canes eras, health asset -rah, . benefits,,4.,, are7Nea�ve, madiun and lrelidaypey applicable thereto. The expenses of perfuming Wmk alter regular working hams, m Sahvday, Sunday or legal holidays, shall be included in if. above to the exiere authod by OWNER 1142. Cost of all materials and eyuipnem furnished and incorpwaled in the Work including costs of transportation and storage thereof, and Suppliers' Geld services regerred in connection therewith AM cash disco% slrell estrus m CONTRACTOR and. OWNER deposits funds with CONTRACTOR with which In make payments, in which wee the cash diswmm spell game to OWNER. All tondo discounts, rebates sendendreturnsfrom ale of uedes materiels andd equOR am aaccrue todl OWNER, and CONTRACTOR shag make pmvisiorm co that theymeY be .brained 11.43. Payments made by CONTRACTOR to the Subeontracten for Work perforated or hurvshed by Sukmhaaas. If olured by OWNER 24 acoct.CONOrnoer3 rates tlsFogmdm) col QIY OFPO&T NLWtSM�MCAT1DNSlRPVdIlOm) CONTRACTOR shall obtain competitive bids Iran Subcontracbrs acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNERwhowdlthendetu .withdwadviceof ENGINEER which bids. if any, will be accepted. If any subcontract provides that the Subconhacbr ts to be paid on the lesis of Cost of Inc Wmk plus a fee, the Stibeantrecroes Cost of the Work end fee shill be determined m the same merino as CONTRACTOR§ Cast of the Work and fx s provided in paragraphs 11 4, 115, Ilk and 11.7, All subcontracts shall be ssbjatio the oil= provisionsof the Cmtract Documents insofar s omfimble. 11.44. Coals of sxeml consthams (including but not limited to engineers, mchimds, laboratories, surveyors, attorneys and mcamaanm employed her services specifically related to the We& 11A.5. Supplemenml trots including the fagowing: 11.4.51. The prgwrh of naessry tnauponalion, once) and subsistence exegeses of CONTRACTOR's emptoyees incurred in discharge ofduties cormwtM with the Work. 11.4.5.2, Ccm, mcluding transportation and maintimnce, of all materials, .supplies, equipmgtl, machinery, appliances, M. and temporary facilrkes at the site and }end tools ml owned by the workers, which are consumed in the performne, of the Work, and cost ks market value of such items used but not cosumed which amain the property of CONTRACTOR 114.5.3. Rentals of all construction equip con and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental ageemmm approved by OWNER with the advianf ENGINEER, and the costs of tracep reaust lmdbg, nt dvg installation, dismardkrg and remwd threof—B1II in ..do. wish terns of said rectal agreements. The rental of any such equipment, machinery or parts shell teas. when the rue the eofisno longer necessary for the Work. 11 4.5.4. Sales, r.cr, use or aimilar tares related to the Work, and Cm which CONTRACTOR is liable, imposed by Laws and Regulation 11.4.5.5. Deposits post for causes other thin negligence of CONTRACTOR any Subcontractor or anyone d'vectly or indirectly employed by may of then or for whose note any of than may be liable, and royalty paymems and fees for peen itsend license. 11.4.5.6. Less .it damages (and related esp.) issued by damage to the Work not compensated by ireuranc. or otherwise, sramirxd by CONTRACTOR in connection with the. performance and furnishing of the Work (except 11.5.5. Cats due to the negligence of losses and damages within the deductible amounts CONTRACTOR any Subcontractor. n anyone ofmope oy insm . established by OWNER in o directly or indhaeay employed by any f them or fa menfor with paragraph 5.9), provided they whose acts any of them may be liable,including but have rewlted from musca other late the not limited to, the came Lion of aef enic, Wak negligence of CONTRACTOR airy disposal of mut¢ialt or equipment souNly supplied SubcoNmWr, a anyane dared indirectly ant making good any damage to property. employed by any of them n for wire¢ acts any of them may be liable. Such Imes shall include 11.5.6. Other warhead or g.I expand.sr casts of settlements made with the written consent and any kindand the costsof any hem not spaieeally and approval of OWNER. No each losses, damages expsemly included in paragraph IIA ad e.%jWn9e3 shag be included in the Cmt of the Work for the me of determining 116 The CONTRACTOR's f allowed to CCONTRACTOR'sCee.p if Mwaver, any such Inds CONTRACTOR for overland and profit shag be or damage requires oxxvistramon and detemhiruAeafogoaa: CONTRACTOR is placed in charge thmwd CONTRACTOR shall be paid for services a fee 11.61, a annually acceptable fined fee, or ,,xatiomtetothmslated in paragraph 11.6.2. 11.6.2. if a feed fee is rat agreed aloft gran a are 11.4.5. The most of utilities, fuel and swtary Iota on the fog percentages of the venous 6rcilaiesat the stet s Eug portiam ofthe CostoFUm Work' 11.4.5.8. Minn expenses such as telegrams, 11.6.2.1. for ernes incurred under long distance telephone cslhs telephone sorrier at paragraphs 11.4.1 and 11,4.2. if. the site, expressage and similar patty cash items in CONTRACTORs fee shall be fiflanpercem, cmtucfim with the Week. 11.612, for costs incunel ender 11 AR Cost ofpremiums for edthtionel Bonds paragraph 11.43, the CONTRACTOR's fa sting and mmmnee required be. of Changes an the be fix Pescara; Work 116,23_ where cars, or more tiers of 115. The tram Cast ofthe Wak shag rat include any of subecommu sae ra the basis of Cost of the Work the following-. plus a ke and no fixed fee is agreed upon the udert of paragraphs 11.4.1. 11.4.2, 11.4.3 and • 115.1. Payroll costs said other compensation of 116.2 in drat the Subemurchor who actually CONTRACTOR. olfiam executives, principals (of parfnms or furnishes the Work, at wMmver that, partnership and sole proprietorship.), gererel managers, will be paid a fee of Umn percent of the casts engineers, architects, estimators, attorneys, auditore incurred by such Submtmacmr under paragraphs sax-musnts, purchasing and comucting agent., HAI and 114.2 and that any higher her uxpeditem, tunekei ear , clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the she or in paid a C«.ff-Cw CONTRACTOR's prirelpnl or a branch office fa to be negotiated general minimemmeart oC the Work adnat speuE all root faith with theOWNER but act to ed 921, included in tthc agreed open schedule of job five of the amount mid to the taxi lower elasmosifiona ref ed m in paragreph l l.4.1 or tier Sute mtmdor. specifically cmered byy pmagmph 11.4.4 sfl of winch me to bs c rroMmid saLnimetriewe casts covered by the 116 24. no fee stall be payable an the baais CONTRACTOR§ fa. of cots itemimd under paragraphs 1144.114,5 and 11.5; 115.2. Expenses of CONTRACTOR'. principal and branch offices other gain CONTRACTOR's office at 11.625. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any chenec whichrauhs in a net decrease in onat will be the 11.5.3. Any part of CONTRACTOR§ ., ml amamt of the actual net decrease in and plus a expenses, including interest an CONTRACTOR'S deduction in CONTRACTOR's fee by an me= capital employed her the Work sad charges agarmt equal to fwelmortofsmh ectdecreass;and CONTRACTOR[. delinquuentpayments. 11.oh,ad when both additions cad credits me .4. Cast or premiums fa erg Hods and forqu all h he d in any me chose, the insurance whether or not CONTRACTOR a required a puled on CONT fee shall be computed rn the CANTof by the Contact Documents purchase sot mammy basis the net change 11 accordance25,inwith the not the scone (except to ghe rat of jremiums covered by the o t pemgepM 11.6.2.1 through 11.6.25, prelusive ap subparagraph 11.4.5.9 above). 113, Whenever the cost of my Work is to be AILUCd6NIX/�L WNgII0N3191a8 p990 NNIm) 25 coIQiYO[FORi COtLISM00IFtCATIONS(R6V 4RWn) • determined l rmort to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maimain records thereof in a mrdancc with generally accepted accoummg practices and submit in form acceptable to ENGINEER an aernired cost brmkdown togthcr witheupprolm, data Canh ATlowe ms. 11.8. It is uivknstoedthal CONTRACTOR has included an the Contact Price ell eUow a so nomad in the Contract Documents and "ll ®use the Wak m covered to be burnished and performd for each eums as may be .wearable to OWNER and ENGINEER CONTRACTOR agmestheit 11.8.1. the allowances include the cost m CONTRACTOR (lea any applicable trade discounts) of materiels mat egtipmentrequied by the allowances to be tleGvetcd attihhe silo and all appicable taxes and 11RICONTRACTOR's costs for unloading ad handling on the site, labor, immllatm costa overhead, profit and other exlataes conmmpmtd for th, allowmces basis been included to the Contract Puce and net in the allowances and m demand for a iditaral Payment on aecmm of any of the foregoing will be void. Prior to final payment an appropriate, Change Order will be iaud as recommended by ENGINEER to reflect actual mots due CONTRACTOR on ¢comma of Work oVOm l by allowar s, and the Cmhuct Puce shall be onepmmdingly adjusted. 11.9. U (Price Wank 11.9A WheretheContract Docummmprwidethatell or pact of the Wadc is to be Unit Price Work, initially the Contract Price will be demand to include for all Unit Price Work an amount equal to the sum of the established unit prices for each aspormely ide nited some of Unit Price Work times the saturated quantity of each item as indicated in the Agreement The saturated quantties m items of Ural Price Work are not guaranteed and are soely for the purpose of Prmpeuson of Bids and def tho actual initial Ces ad Price. Denciof unit of the Wank quamiries mend CGNT tom of Unit Puce Work performed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 9.10. 1 L92. Fisch unit price will he deemed to include an amount considered by CONTRACTOR to be adequate M covor CONTRACTORs overhead and profit fo each separately identifieditem. llu.3.OWNE'R or CONTRACTOR may make a claim for an adjustment in the Counted Price in accordance with Article I if. 11.93.1, the quantity of any item of Unit Rice Weak par rased by CONTRACTOR diff. memrid atd sgm honty frml the estimated quantity of such item indicated in the Agreement; 26 6KO Glufli0.N. cONWTIGM 191.099011dNm) M CITY OF FORT WLLIM MC9MCRTIOM mEV4nM) M, 11932tore is an corresponding adjustment with respect to any other item of Wok; and 11.9.3.3. if CONTRACTOR beeeva that CONTRACTOR is entitled a, an irumeese in Comma Arm, as a result of having incurred additional expense o OWNER believes that OWNER is entitled to a doseese in Conrad Puce and the parties are unable to agree as to the ammmtofany such immenea or daxease. 11934 CONTRACTOR acknowledges that the OWNER has the right to add or delete, items M the Bid u charge ouannna at OWNER'S sole discretion without a(Tetine the Contact Price of mn>�mig item so lace as the doetian a atmn__oes rats fXd_tx'El1tXv1�t qj ARTICLE 12--CHANGE OF CONTRACT TOMS 12.1. Th Contact Tuna (a Mileslma) may oNy fie changed by a Change Order or a Wutmt Amendment. A% claim fa an adues ahnent of the Contract Tim(w Mt ¢stores) shall be �aed on written recce delivered by the party making the claim to the other panty and in ENGINEER promptly (bra in an event law than thirty mays) after the re.. of the event vag rise to the claim and stating the general nature of e claim. Notice of the odent of the claim with supporting dam shall be delivered within six,y dvvyys after such occurrence (omens ENGINEER e0ows addmma1 time to ascertem mac accurate data in suprport of the clean)d anshall be amompanid by the ckimam's written somenent that the adjustment claimed ea the entire adjustment to which the claimant has reason m beteve it is entitled as a result of the occurrence of said caam. All claims forae{teemord in the Comma Times (or Milestones) shall be determined by INGINEER is acordmme with paregaph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an edjushnem in the Contract Tines (or M imosa.) will be valid if ad submitted in m oudmce with therequiremenm ofthis paragraph 12.1, 122 All time limits gated in the Contact Documents are of the ==a otter Agreavcm. 12.3. Where CONTRACTOR is prevented &an completing arty, part of the Work within the Contract Timm (or M isms non) duo to delay beyond die central of CONTRACTOR, the Commit Times (or Mdmmm) will bo unfunded in ma amount equal to, none act due to such delay if a claim is mate therefor as prwidod in para®sph 12.1. Delays beyond the oshol of CONTRACTOR shall include. but not be limited to, acts orneglet by OWNER, acts or neglect of utility mvnem or other contractors perfuming other wok m crnmmplated by Article 7, fans floods epidemics, abnormal ..ad., conditions or sets of Gad. Delays i nribumble m and within the control of a Subcontrada car Supplier shill be deemed W be delays within the normal of CONTRACTOR, 12,4. Where CONTRACTOR is prevented from completing my part of the Wont within the Correct Times (or Milesecam) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Cotract Times (or lithesome-) in an mrma qual to the time Ir6 due to such delay shall be CONTRACrOR's sole and exclusive remedy far such delay a no evmt shall OWNER be liable to CONTRACTOR any Sub is mdo, any supplier, may other person on, at to any surety for ra emplay. a ant of er,' of Them, for damagx anamg out of or resulting [non (i) delays caused by a within the control of the CONTRACTOR or (ii) delays byond the comral of both parties including but net limited to, flies. Roods. epidemics, abnormal weather condatime, ads of God ce acts or neglect by utility ow.. odamswo dor-performingotherwokwcmlemplatd by Article 7. ARTICLE 13.-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ^lDAs: prompt Afce of all defective Work of which OWNER or ENGINEER have =We] ksnwladge will be given to CONTRACTOR All deiscnve Work may be rejected, corrected or accepted as provided in this Article 13. A,ne.fa Work: 13.2. OWNER, ENGINEER, ENGINEER- Caaultmta other representatives and personnel of OWNER, independent testing laboratories end govemmerial erg a ems with jurmbetmid interests will lieu. access to the Wady at reasonable time for their observation suspecting and teatinn. CONTRACTOR shot] Rovide them Props and safe canditios fen such access and advise them of CONTRACTOR'- site safety procedures arc] poems so that they may comply thermwith as applicable TeCsandlnspertiwa: 133. CONTRACTOR shall give ENGINEER timely notice of readiness ofth, Wok for all required memo itos, tern a approves aid she]] coapemte with inspection and restuSpersonnel to Facilitate required itspedaa re leas. 13.4. OWNER shall employ, end NY fur flue services of an independent testing laboratory to perform all inspections teetR a approvals matured by the Contract Documents except 13 A.l. for iBRchore, tests re approvals covered by paragraph 13.5 below, 13.42. the cots incurred in commotion with tons or mspechos omductd resistant to pem raph 13.9 below shall be paid as provided in said paragraph 13.9; end 13A 3, as otherwise specifically Resided in the Commct Documents. 13.5. ICLaws or Regulations crony public body laving junisdivam rmNhe any Work (or part thersoo specifically W be impacted, tasted or approved by an employee or dherrepossntetiveafsueh public body, CONTRACTOR shall assume full responsibility for avenging and obtamiag such impctios tests or.pprovatc pay all casts re connection therewith, and fumih ENGINEER the outlived cadifiri c, of inspxtlon, or ep rm.L CONTRACTOR shall also be responsible fa annealing and Obtamug and shall pay all cots in conause n with my respectimet teas as, approvals required for OWNER's and INGINEER's acceptance ofmaterials or equipment to be ircapoed in the Work, or of resumo ls, mu dmigta, or equipment suarmd for approval prior to CONTRACTOR'. purchase thereof Car mmrpoation in the Week. 136. IC y Wak (o then work of others) tfat is to he inspected, testedo approved is covered by CONTRACTOR without written consumnce of ENGINEER, it must, if red estd by ENGINEER. he unwvard for ohsovatim. 13.7. Uncovering Work as provided to paragraph 13.6 abidi be at CONTRACTOR's wpema lid. CONTRACTOR has given ENGINEER timely notice a CONTRACTOR's intention to cover the some and ENGINEER has not sad with rmnoreble promptness m response fen such notice. Uncwning Work: 13.8. If any Work is covered mnVery to the written request of ENGINEER, it onus, if reque9sd by INGINEER, be utwvard An ENGINEER. b..h. endreplead at CONTRACTOR. experse. 13.9. ICIiNGINBERemeidem ansao aerymdvisable that coomd Work be observed by ENGINEER or enmdspeced err testes by others CONTRACTOR at fiNGINEER's roiliest, .tall uncover, P. or otherwise mike .vaJable for observaion, inspdim or testing an ENGINEER may rcquve, that p amino of the Work in question, famishing all necessary labor, motorist and equipment If it is found that an& Work is dsfecone, CONTRACTOR .Imll pay all claims, casts, ].a and damages caused by, arcing out of or recvlting fireen such unmveriag mpoasom ob n artmet inspection and testing and of satisfactory reple arem or remmtrucumt (including but tmt limited to all coals of re m a replacement of wok of others), and OWL be entitles to an appropriate decrease in the Contract Price, mot, if the parties are unable to agree as to the amount thereof may make a claim therefor as provided toArticle 11. If, however, such Wok is owl found to be refiwtive. CONTRACTOR shall be allowed] an inae.se r the Contract Rice or oa ettmvon of the Contract Times (o r,Ulamanasis), or both d..dy attributable to inch 1] FJCCC(iENERgL METEr ass 19104 I1930mies, 27 al OiYOF AORT COLLIIi4MOU61GTIONS(REV42000) • urammirg exposure, obearvioio2 inspection, teeing, rephosmea and reamaWctiom and. if the parties are unable b a�ee es b the amount or extent therms, CONTRACTOR may make a claim therefor as p wided m Articles I I and 12. OWNER May Stop th a Work: 13.10. If the Work is defective, or CONTRACTOR fells to supply stipulation, or flies skilled wmkes or suitable k ui talc a wayattorfailsetWoo will coolform the Work thsucha way that s, completed OWNER Work will ONTR to the Contract De Work,, OWNER may male CONTRACTOR In stgp the Work, ee d Portion thereof, emit the cause for such ode Ms been k shall to t however, this right of OWNER m stop the Wak shall not give rise to any duty be the Pan O OWNER to any this right Far the benefit of Of a any suray, a other panty. Canadian or Removal osrbio me Work: 13.11, If required by ENGINEER CONTRACTOR shall promµly, as dire ed, either correct all deective Work, whether or not fabricated, installedor camp end, or, if the Work has been rejected by ENGINEER remove it tram than site and replace it with Work that is not rkf,,ms, CONTRACTOR shall pay call sheens, cosi loses and damage causal by or 'salting from each carectar or removal (including but not Imaged] to all cogs of repair or roplacvnent ofwork of ahma). 13.12. Cooeaion Period. 13.121. If within ern -ye two ycam after the dale of Substantial Completion a such longer period ofthoe as may be prescribed Laws or Regulation a by fire terms of any applien le special guarantee required by the Contract Doeonerts or by arty specific povision of the Cotrmt Documents, any Work is fiend to be defective, CONTRACTOR shall promptly, without cm If CONTRACTOR does rmtpmmpdy comply with the terms of such instructions, or in an emergency where &toy would max serious risk of lens or dmmmggcc OWNER may have the defective Work cazucied or tho rejected Work removed and replaced and all claim% cant., losses and darm,ce cauxd by or rmulting from such removal and replacement (including but not Limited to all cents of repair or replacement of work of othas) will be find by CONTRACTOR 13.122. In special circumstances where a partimlm item of equipment is placed in continuous service before Substantial Completion of all the work, the correction period for that item may start to run tram an earlier date if as provided to the Specificeliom or by Written Amederent 13.12.3. Where defective Work (ad damage to other 28 FJCOComJLAALLtlMATOFB 191e8im9aG�miad wI GTYOFFORTMILIMMMIFICAIIONapt8y4laama) Is Work reaching therefrom) has been conected, removed or replaced uad. this paragraph 13.12, the m enco impea d hereunder with respect to each Work will be extended for an addiumd period of ass ya two alter such correction a ramoval and replacement hers been mtisfocbrily mthpktd. Acceptance ofDefina ve Woe*: 1313. If, instead of requiring cmedion or removal mid replacement of defacfive Work, OWNER (and pier in ENOINEER's meornmendius, of fiml payment, also ENGRJEER) pprrefers to mompt it. OWNER may do so CONTRACTOR shell pay all stamen, mats. 1ossica, anal damages attributable to OWNER's malumtim of and determinationto accept such defectiveWork (such owasto boappovedby ENGINBERestoreamrmblermi Many such mcceptmrce occurs prim to ENGINEER's re issued incorporating of nand payment, a Change Order will be issued ccasithe a me act 'this s , the Contract DmwnmL with rapxt a the Work, and OWNER =,aarciddpan appropriatebl dm®xinthe Commet Pricee arc, OW ER an me manse b mtgm re to the amount thereof, OWNER they make a e occurs rs after as h,ccurd in Article an If the ine amount occurs Etter such recommCTORt, O appropriate amount will be paid M CONTRACTORm OWNER. OWNER May Correct Defective War*. 13.14. If CONTRACTOR fails within a reaeanae time idler written name. face ENGINEER to mnmt defective Work or, to remove and replace rejected Work as required by ENGINEER in accordaxe with persgmph 13.11, or if CONTRACTOR fads to perform the Work in acomrdance, with the Conhaa Documents, or if CONTRACTOR fads to comply with any other provnim of the Contract Documents, OWNER may, aBm seven day4 written d )aocead expeditiously. In carve and remedial Eamon, TRACTORfrao all or art f rt all or Faof the Z and service related the ct , take construction efcapmer, and msummary at the site and incorporate in the Work all materials and equipment etorol m the site or for which OWNER has paid CONTRACTOR but which me slued elxwhere. CONTRACTOR shall allow OWNER, OWNER'S repeaciam m ugems and employees, OWNWs other mrmmctas and ENGINEER man ENGINEER'S Comultams .auras to the site to enable OWNER to eacrciee the ridhN and remedies, under this paragraph All claims, cr vs, erases and dmnages Incurred or motorist by OWNER in exac 6% such rights end remedies will be chargedagamet CONTRACTOR and a Change Order will be issued incorporating the necessary revision in the Contract Documents with respect to the Work; and OWNER shill be entitled to can appropriate dmease in the Common Price, and, if The parties ere unable to agree as to the amount thereof. OUR may make a claim theefm as provided in Article 11. Such claims, cats, losses and damages will include but not be limited to all costs of near or replacement of week of other, destroyed or damaged by emotion, removal or mplacement of CONTRACTOR, df ante Work CONTRACTOR dull not be allowed an eme von of the Comma Times (a b ilemmes) because of any delay in framance of the Work attributable W the woman, by OWNER of OWNER, rights and remediess hsreander ARTICLE 14 PAYMENPE TO CONTRACTOR AND C0ND'UTI0N Schadle efliatues: 14.1. The scbedwe of values eslabhshd as provided m pamRemit 2.9 will serve as the brio for Pro nwa payments and will be inwepmated redo a farm of Application fen PsymwecceptableWENGINEER Pro aspaymerwm acwwl of Unit Aim Wak will be based m the rumba of wits completed. Appfiaatma for Progress P.YmaW 142. At Icam twenty, days before, the date established fa such pmgreas payment (but net name often than race a mouth), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR eavering the Work completed as of the date of the Appliwtim and eavmlared by such supporting damnente ion as is rewind by the Commit Deoummty If payment is requested on the bests of materials and equipment net mcapvatd in the Wak but delivered and suitably slated at the site or at another lacuna ,.it to in writing the Application for Payment doeummtatime materials and satuatictay to OWNER The amauv of remamge with respect to progress pnymoute will has stipubned in the Agreement Am fiends that are wiobald by the OWNER loll out he soli act to summutiw by the CONTRACTOR th sapprums or am mourstammils ewmxna' 'eaname custodianship icatio fa mction form the CONTRACTOR ex earl waives his right W gee benefits of Colorado Revused Semmes, Sect' 24-91-101 et sec. CONfRACTOR4 Wanswr voffide: 14.3. CONTRACTOR warrants and guarantees that five to all Work, materials and equipmerd covered by any Appliation fa N"ca , whether ircopomkd m the Prcjow or, not, will pass to OWNER no lake than the time ofpayment fra and clear of all Luni Review ofApeu.fi.f ri°rogrea Payment 14.4. ENGINEER will, within ton days otter reeeipt of each Application fa Psymem, either indicate in writing a recommendmion of payment and pesent the Application to OWNER o remmthe Appliwtionto CONTRACTOR indicating in writing ENGINEER', reasons for refusing to mcommad payment. In the laver case. CONTRACTOR may make the necmary, econsmses end membnit the Application. Ten days after presematiw of the Application for Pe ant m OWNER with ENGINEER', raommendimm tlw amount recommended will (subject to the pwisims of the last sentence of pmWaDh 14.7) become due and when due will be paid by OWNER to CONTRACTOR 145. ENGINEER's tewmera lotion of any payment requested in an Application fa Payment will consomme a rcpeesentation by ENGINEER m OWNER, lased an ENGINEER', wt ite observations of the eaeome l Work ca an experienced and qualified design professional and on ENGINET4t's review of the AApppphcabom for Payment and the naompanyirtg dabs and sefrsmles that to the best of ENGIEER's knowledge, information and belief, 14.5.1. the Work has frog mad to the point indicated, 14.52 the quality of the Wak is g"rally N monotheism with the Contract Documents (subjem W an evaluation of the Work as a fumtiaag whole prior to or upon Substantial Completion, to the resdm of any subsequent tests called for in the Cartract Dauments, to a final determination of quwtitres and amenficatiao for Unit Price Wak under parW.ph 9.10, end to any other qualifrwtima stated in the recommendation), and 14.5.3, the wMitio, pree dam to CONTRACCOR's being emitled to such payment appear to have been fulfilled ireofar as it is ENGDgEMVsresponsibilityw observe the Wale. However, by recommending arry such pvyment ENGINEER will not thereby be deemed to have represented that (i)wdmuWve or commuaus onsite me,witims have heal made to click the quality in the quantity a the Week beyond the, reapaambdives a,sidfmally assigned to ENGINEER in the Contend Documents or (a) that there may not be other matters or .. between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNERta widh ld Mymentto CONTRACTOR 146. ENGINEER's recommendation of any payment, inum itg final payment doll non mean that ENGINEER is ..Mouble for CONTRACTOR'. mwa. methods, techniques, sequences or prceedures of mnameion, or the safety pprewar. and pogroms ..dent thistle, a far airy ancee of CONTRACTOR to comply with Laws and Regulmnoro applicable W the famishing or per err arm of Work, or for any failum of CONTRACTOR la perform re famish Wak in saadence with the ContractDocuments. 14.7, ENGINEER may refuse torecmnmssithe whole a any pot of any payment If, m ENGINEER'S opinia, it would be incorrect to make the represeNations to EJCIDC mmtA, CormtnOM coma cmvocatim) 29 wI QTYOPFORTCmlll6MOrwICATIONS lkEy4RW0) • 0 OWNER mitumd to in paragraph 14 5. ENGINEER may also refuse to oursomead any such payment, or. because of subsequently dram eered evidence or the rusilts of subsequent mspections or tests, nullify any such payment perviously recommended to such extant as may be necessary m E'NGINEER's Whim to paled OWNER Irons loss because. 14.7.1, the Work is defective, or completed Work has been dam aged requiring cmrectlon or replacement, 14.7.2. the Contract Rice has been reduced by Written Amendment or Change Order, 147:3. OWNER has been requhed to correct defecava Work or mar,lete Wok in amcedona with paragraph 13.14. or 14.7.4. ENGINEER has earned knowledge of the occurtenec of ory of the events enumenewd in pamgmphs 15.2.1 Wwgh 15.2.4 inclusive. OWNER may refuse to make payment of the full amount rewmmmhd by ENGINEER gemen: 149.5claims have been made against OWNER on account of CONTRACTOR's perf nessme m furnishing of the Work, 14.7.6. Lt. have been Bled in macaw ant with the Work, accept where CONTRACTOR has delivered a specific Bond musrelory to OWNER to secure the satisfectionaml discharge of such Lie., 14.7.7. thereareothaitansen611ingOWNERwaset- offsgai.r the amountrmsmmended, a 14.7.8. OWNER has actual knemdedge of the amnence of arty of the even, mamenated in paragraphs 14.7.1 though 147.3 or pmagaphe 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a mpy to ENGINEER) woug the rearms for such action and lcomp0y pay CONTRACTOR the amount . widdrakl, or any ediistmem therein agreed to by OWNER and CONTRACTOR when CONTRACTOR carats to OWNER'S simulation the ream. for web action. S.betanaal Complease 14 8. When CONTRACTOR considers the entire Wok ma far its intended use CONTRACTOR shall nc4ifv OWNER and ENGINEER inwriti g that the enlhe wok is subgawally complete (e ept for items spcnfically listed by CONTRACTOR as incon late) and roue# that ENGINEER issue.. eelificate of Substantial Completion Within a nmemeable time thereafter, OWNER, CONTRACTOR and ENGINEER steal l m ake an inrpsetic e of the Weak to determine the areas of completion. If ENGINEER dos not meander the Work substantially complete, ENGINEER will many CONTRACTOR in wring giving the reams therefor. If ENGINEER FiKOCOENERAI.CONDIT101S 191a9 (1990EJam) 30 .1 aW OFFORT MIUM MMMC n() 9(IIEv42000) musicians the Work substantially complete. ENGINEER will pepme and deliver to OWNER a tentative artifice, of Subs,Nial Completion which shall Bx the date of Substantial Completion. 'There shell be trenched to the certifies, a tentative had of items to be completed or so make written objection to ENGINEER . to any provisions of the certificate a attached her If, alter amen" such objections, ENGINEER mamdudes that do Werk is not substantially complete. ENGINEER will within fourteen days after submission cef the tmrtive artifiests , OWNER notify CONTRACTOR in writing, wing the ream. therefor. If, rifler mmademtion of on the d after At the definitive cntfim, of Substantial Completion, ENGINEER's mineraid recu mmendation will be binding on OWNER and CONTRACTOR until fisml payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Weak aRcr the date of Substantial Completion, but OWNER shell allow CONTRACTOR reasonable wear to complete a coned items on the renrtive list. Pandal Uaatathor: 14.10. Use by OWNER at OWNER's option of any substantially completed pent of the Work, which: (i) has specifically been identified r the Contract Documents, or (.)OWNER, ENGINEER and CONTRACTOR agree consulates, a selserready fectionhg and usable part of the Work that can be used by OWNER for an intended purpose without mgmfiumd Imerfineeo with CONTRACTOR's performance of the remainder of the Work may be mixempbuladl prim to Substantial Completion of all the Work subject to the fallowing: 14.10.1.OWNER m tiny time may request CONTRACTOR in writing to pxmid OWNER to ass any such fart of the Work Math OWNER believes to be ready for its immded use and substantially complete. If CONTRACTOR agrees Rat arch pal of it. Work s substantially cmtplete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially comp,, andrequest ENGINEER to issue a amBes, of Substantial Completion for that part of the Weak. `J ien ggge. sg 3� w 1 ae w lily 91 �A CONTRACTOR ENGINEER in w ionic for ble time e➢er either STRACTOR arc] U. 4 am part of of comphsion If oan ofthe Wok a ressoretherefor If ENGINEERconsidersthe partof the Work to be vbslnn mfly complete, the provisions of lramgraphs 14.8 and 14.9 will apply with respect to cmtifinaion of Substantial Completion of that part of the Wok and the division of reaponsibdity in respect thereofmd access theism. 14.10.2. No oecnpeuy on separoW opemlim often of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect a property iremarce. Fad frr�ection 14.11. Upon written notice from CONTRACTOR that the cubic Work or an agreed portion thereof a complete, ENGINEER will make a final inspection with OWNER are] CONTRACTOR and will henry CONTRACTOR in writing of all pmticulam in which tide inspection reveals that the Week is ircanplete or &festive. CONTRACTOR shall immediately take such measure es me necessary to complain such work or remedy such deficienei. finadAppliemionj Payment 14.12. After CONTRACTOR has cdnoldcd eI such .ends.. and operating instructions. guammees, Bend; ceNficiree or other mommince required by pare ph 5.4, e imryectmrt mucked -up recortl documents (as psragraph(5.19) and o9m docmoems COI may make mulicatim for foal ranmml f Consent Documents, including but cat limited to the evidence of announce required by subparagraph 54. 13, ((u) eon.m of the suncsty , if any. to final seyminn, and (w)cornplete end lepmlly elfeetwe releases or waivers (atisadory to OWNER) of all Liars arising out ofor filed in commcfien with the Work In lieu of such releases or waivers of Lien, and as approved by OWNER CONTRACTOR may famish receipts or releases in full and al idavitof CONTRACTOR t at (i� the roles. s and receipts include all labor, services, mammal mid equipment In, which a Lien could be filed, and (ii) all payrolls, material end equipment bins, and it., indebtedness connected with the Work for which OWNER or OWNER's property might in my way be responsible have been paid or otherwi. satisfied If any Subcommetor or Supplier foils 1'ilCOCOaa]tAL Mao tlortsI910S (19a E&]u) w/aWWPORTIA MMOOIFIC M0N3ptHV4rt00m in Enmesh such a at. o xeipt in full, CONTRACTOR may freemb a Bid or other collateral satisfactory to OWNER to indemrtiCy OWNER against any Lim Releases a waiversof liens and the emwent of the suety to Cmoliu oavme,A ere to he submitted on forms cadormum a the Cannot ofth OWNER'S snandard fmmaboindin eprdedmanuel Final P,q,menr andAcupranrz' 14.13. If, on the hse of ENGINEER'. observation of the Work during cmvtruCion and Core ienpechion and ENGIMER's review of the fiml Application fm Payment and accorpsoying documentation as regwmA by the Contract Dommusa s, ENGINEER is satisfied that the Work has been completed mid CONTRACTOR. other abfivation, under the Common Documents have hen and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise. ENGINEER will ream the Application in CONTRACTOR, ediwting in writing the reawm for refusing to recommend fuel payment, in which case CONTRACTOR shall make the eviocsary, sanction a and rembmitthe Application. TianydaysaRerpresenafiwto OWNER of ds Application and accu mpanybig donaeentation, in appectoude form and substance end with ENGINEE!e recommendation and rutice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER W CONTRACTOR subject a varrearsith 1762 of thew Garmnal Condition,. 14.14. I( throngh no fault of CONTRACTOR final mMen. of the Work is signiEcnmly delayed and if IrNnGINEER an en. shalt upon receipt of CONTRACTOR. foal Annfiwtion fur Payment and remaining balance to be held by OWNER For Wok net fully completed a ewrected is been than the rubbings Aipuliand in the Agrennmt, and if Bonds have been fomishedazrequhed unpsm mph5A, the wrimen.cosent of the avety to the Payymment of the balance due for that portion ofihe Work fully completed and auzpnd shall be enhus ed by CONTRACTOR to ENGINEER with the Application fa such payment Such payment shall be made under the teams end conditions hove niug final payment, except that it shall not cons itute a waiver of claims. Wdver ofChamone 14.15. The making and secgnence of final payment will cggisbNa: 14.15.I.a waive of all claims by OWNER age= CONTRACTOR emerA claims easing Gan unsdded Liens, from &festive Work appearing after E 0 • 0 final mspecticn punmed to paragaph 14:11, from failure to comply with the Contract Ibaments eu the terms of may special gaamntees specified thaeia, or from CONTRACTOWs ccminuing obligatiola under the ComtreotDxcamem, and 14.152.A wawa of all cleans by CONTRACTOR against OWNER other than thane pea, a ily made in writing and still urlseWed. ARTICLE 15-S1JSPENSION OF WORK AND TEPAUNAMN OWNER May Sgrwmd work: 15.1. Al mr, time and without cause. OWNER may suspend the Wmk or mmy niportion thereof fora pang ofmt e then amity days by mom in writing to CONTRACTOR and ENGINEER which will fix do data m which Work will be resumed. CONTRACTOR shall resume the Work m the dens so fixed CONTRACTOR shall be allowed m adjustment in the CoMazt Price or an eamema of the Commit Times, or bolt, directly attributable to carry such sespeca. if CONTRACTOR makes m approved claim therefor as provided in Articles I and 12. OWNER May Tmacame 15.2llpm the occunenm of my one or more of the followingevents: 15.11. iC CONTRACTOR Icrsis[emly Gds la per[am the Work in accordance with the Cormad Documents Rnrludug, but not Insured to, failure to supply sufficient skilled workers or suitable materiels or equipment or failure to a&ere to the progress schedule established under pma®aph2.9 as adjuaed from time to lane parmart ca paragraph 6.6), 15.22. if CONTRACTOR disregards Laws a Regulatioos of mypublic body havingjurisdiWmr; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way airy provisions of the Cmtmet Documents; OWNER may, after giving CONTRACTOR (and the sooty, if any) seven days' wrinm rotice and to the anent ,.,fled by Laws and s,�g ImimcA terminate the services of CONTRACTOR exclude CONTRACTOR fiorn the site and take poesesim of the Work and of all CONTRACTOR's tools, appliances, construction aluipnmt and machinery at the site and use the same to the full event they could be used by CONTRACTOR (without liability to CONTRACTOR fen trespass or mmessimn), immrpomm in the Work all materials and egopmere mored at the site or for which OWNER Ins paid FJMC GENERAL CON W n0M 1910E (1M Eddm) 32 wI Cl Y OF FORT MLLIM MWIMMIONS(REV actual CONTRACTOR but which me stared elsewhere, and fetish the Work as OWNER., dawn evpeditm, la such case CONTRACTOR shall not be entitled to receive mry fuller payment until the Work is fuuahed. If the umaid dance of the Cormier Price exceeds all claims, costs, Imes and damages sustained by OWNER arising cut of a msulmE from ceenplcling the Week such excesswill be puidto CONTRACTOR Ifsechclahns,cosm,lcessa ad damages excad such unpaid balms, CONTRACTOR shall pay the differms, to OWNER. Such alaims, tests, loss® mddamages amused by OWNER will be reviewed by ENGINEER as to the. rwmreblences and when so approved by ENGINEER inmrpormod m a Chatge Orda. provided that when amocceirg my nghts or remndnes urger this peralpaph OWNER shell not be matured to obtain the lowest picefm the Work performed. 153. Where CONTRACTOR's services have been so lenaireled by OWNER, the tamirlatica will not affect my rights or remedim of OWNER a,= CONTRACTOR then amain, or which may theresfler settee Any retention or payment of moneys due CONTRACTOR by OWNER will rut ralease CONTRACTOR flan liability 15.4. Upon swan dayys' written notice to CONTRACTOR and E NY OWNER may, without cause and without prejudice to any War right a remedy ofOWNER, elect to tmsinaw the Agreement. In such case, CONTRACTOR shall be paid (without duphemm of my items): 15.4.1. for completed and acceptable Weak executed in aceordanke with the Granted Locations; err to the offecave date of tennmatioq including taw and emearable sins for wahoad and profit m such Work; 15.4.2, for expenses sustained prior to the effective date of tmnmation m pufammg suvics and fmnuching labor, manmade or equipment as required by the Contract Documents ui comrocam with urcomplated Work, plus fah and reasonable sums far overhead and profit on such expenses; 15.43for all ehaims cast, losers and damegx ...it m seltiomml of texmmmed cmtmcta with Submmmclom. Suppliers and others; and 15.4 4. for reas®reble expenses directly attributable to termination. CONTRACTOR stall ant be paid on me at of loss of anticipated pprrofits or revenue or alter xmemic I= ansag out o[or resulting from such tmammuca CONTRACTOR May Strgr Work w Tarmrrme: 15.5. 14 hno ectafault of CONTRACfORthe Weak isd far a periiod of more dren ninety days by OWNER or under an ardor of court or aher public i utlemy, or ENGINEER fails to as on any Applaa tim fa Payment with. thirty days after it is submitted or OWNER fails for thirty days m pay CONTRACTOR array sum finally determined m be due, then CONTRACTOR may, upon seven dayswritlar antic to OWNER coal ENGINEER, rd,rovided OWNER mINGINEER donor remedy such suspermm or mdere within that time. terminate the Agreement and recover from OWNER payment on the acme terms m, provided m paragraph 15.4. In Iou ofterai mmtg the Agreemem and without prejudice to any other right or remedy, if ENGINEER has failed to act m m Applimu..fm Payment within thirty days aRer it as submitted, or OWNER has faded for tarty days to may CONTRACTOR any sum finally determined to be due, CONTRACTOR may apm seven days wrmou notice to OWNER atd INGINEER stop Jo Work mad ymm of ell suds amounts due CONTRACTOR inaludu�ig Jamaica thereon The pmvim. of this paragraph 15.5 are not intended to preclude CONTRACTOR Rom making cmma order Articles 11 and 12 fa an inQuue . Contract Price a Contract Times or otherwise for egamas or damage duectly attributable to C0NTRACT0Rs slopping Work as personal by this paragraph. ARTICLE I6—DISPUTE RES0LUTI0N If and to the meet that OWNER and CONTRACTOR have agreed on the method and pros d. for resolving disputes between than that may arise under this Agreement, such dispute rescluam method and procedure, if any, shall be as act forth to EshibaGGA "Dispute Rerolutim Agrcemaa', to be atmched hereto and made a part hereof. R ma such yemera on the method and procedure for readveg area disprtea has been reacFced and subject to the provraaw of pa.gmphx9.10, 9.11 end 912, OWNER and CONTRACTOR may exacta such rights or remedies . evdra may otherwise have mrdm the Contract Doormmm or by Laws a Reguhmicns in respect afanydispute. ARTICLE 17—NUSCELLANE0US Giving Nafics: 17.1. Wherover mry provision of the Caesar D cord w ave bra the pwmg df written notice, rt will be deemed to have beta nudity gwon if delivered in person m the individual mar a whom a ofihefom, i Nanofficer of the by registered when it ie intended or if deliveredathe sent by rsom mildr or rows t mail, protege pacpaid b me lest business eddry sknown to the giver oftM narce. 17.2. Conipmarion 477i e. 17.2.1. When say period of time is refined to a the Collect Dmummk by days. it will I. computed to exclude the Cost and include Joe laid day of such period. If the last day of cry each period falls on a Saturday or Sunday m on o day merle a legal holiday by the hew of the apphcablejuri.Wictian, such day will be omitted from ale computation. 172.1. A calendar day of twenty-fom haws measured from midnight to the nett midnight will constitute a day. Nader ufGhdin 17.3. Should OWNER or CONTRACTOR ailfer injury a damage to pemm or property because of any corm. amissim or act of In, other party or of any of the other pen7's employees or ageria or calm. far whose acts the other parry is legally liable, claim will be made is wrivag to the other party within a assumable time of the first observance of such injury a damage. The Ismisims of this paragraph 17.3 shall not be cofiled as a substitute fen cr a waiver of the provisions of arty apppplicable statute of amitsums errepose.Curmledre Reeacz : 17.4. The duties and obliptions imposed by these General Corditims and the rights and remedies available hereader to the parties hereto, ord, in paticular but without limitation, the warsantirs, gumminess and obligamoru imposed upon CONTRACTOR by In.@aphs6.12, 6.16.6.30, 6.31, 632, 13.1, 13.12,13.14, 14.3 and 15.2 and all of Jo rights soul remedies available to OWNER aad ENGINEER thereader, are m edd.6. to, and are act to be construed in any way as a limitation of this paameph will be m eRative as if repeated epecscally in the Contract Domme nts in comation with each particular duty, obligation, right and remNy towhich I'ro/exsiow(Fevs and Court Copy fa eWded' 17.5. R'hencva refeacrue is made to 'claims, cents, lasses and damages', it shall include m each case, but rot be limited tee, all fees mad charges of mgiroem, srchi octs, attorneys and other professionals and all court or mbimeom or other dispose resolution cask. 176 The laws of the Smm of Colaedo scale to this Ameanmi. r to two fieent Colorado salon% me as follows: 1761 Colorado Revised Smmw (CRS 8-17-IOII acquire that Colorado labor he emoloved to oerfmn ire Week to the mutual of nos lea than 80 cement (BOOK) of each a class of labor m the several clasvficatiore of sl,illedand comma labor emrloved me the imm Colorado labor mesa any arson wbo A a bore file resident of the State of Colaado at the fing.fMwi discrrn' [ion esto ace color,a e rep' ion 176 2 If a clean is filed OWNER is rauired W law (CRS 38-26-107) to withhold from all ro mime to CONTRACTOR sufficient fads to mature the Maducut of all clmmm for tuba materiels im`�hire summeace maryl9ona movender or other supplies used or comumed W CONTRACTOR m his • rJCDCGENMRAL CONATIONS 191M(19NEdtim) 33 W=0FF0RTMO SMWMCA9GN5(R1W4n000) 0 eicoca�c MOMIMSOesaa ) 34 * an OF FORT WLLIM M0O@ICAMM � 4 WO) (This page left blank intmfienally ) • Fucocam+S COMITIOM191040mmd.a 35 WaW OFFORT MO M M®Q9=OM OWV4nM) 0 E 36 ucvcaRxmu.MMMOM]910a09voEe ) wlaw OP PORT Mtl MMMMC nONS(RI 4V OW) 0 EXMBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR nI6rf1'pE .OWNER end CONTRACTOR batch, agree that Article 16 of the General Conditions of the Constitution Caused between OWNER and CONTRACTOR s emended to include the following agreement ofthe parties: 16.1, All claim, disputes and other maacrs to ,cats n between OWNER and CONTRACTOR maim, out of a relating to the Contract Documents m the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paagaph 14.15) will be decided by arbitration in accedence with the Cmasuctimr Industry Arbimun. Rules of the American Arbitration Association then alram'utg, wbjectw the limitations of the Article 16. This agreemaR an an arbirate and eny, other agreement or com nt k mbinate entered into in ebcadmme herewith m provided in this Article 16 will be specifically enforceable under the prevailing law of any cont having jurisdiction 16.2, No dconnd fambilmtionofay, claim, dispute or other matter that is required to be rehood k ENGINEER initially for decision in accordance with paagaph 911 will he made until the eal&a of (e) the data m whuc6 ENGINEER has sadood a written civm or (b) thin thirty -fast day inter the panties have Presumed done evidence k ENGINEER if a woman decision has nil been raged by ENGINEER lxkre that date. No demand for arbitration of any such claim, depute or other matter will be made later than thirty days attar the date on which ENGINEER has rendered a written damson in respect upon Vv renders inflonstod. for arbitration of any delivered written notice of m pursgaph 9.10.. 163. Notice of the demand for arbitraim will be filed in writing with the other arty to the Agreement and with the American Arbitatim Association and a copy will he sent w ENGINEER for information The demand for arbitration will he made within the day m tendsy anal' specifiedm paragraph 162 as epp mabk, and m all other saes within a reasonable time alter the chum, dispute or other matter in question has aria, ad in m mama shall any such demand be made after the date whin institution of legal or equitable proceedings based on such claim, dispute or Otis matter in question would be hexed by the applicable statute of himiktic as Iia=0E]4M LMTmIt0%19IM(1990Edtim) w/ CITY OF FORT COLMM MOOR'ICAnONS (aEu 9fi9) 16.4. Except m provided in paragraph 16.5 helow, an arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or m any other manner any other arson or entity (muludvig ENGINEER, ENGINEER's (tcswalvml and the othcas, directom, agents, employees or consultants of my of them) who s not a party to dos amount unless: 164.1 the inclusion of such other person crentity s ancestor, if complete relief is in be aQaded smog those who are cloudy parries to the arbiamicn, and 164.2, such other person or entity is substantially involved in s question of law or fact which iscanman an those wln ire already parties to the mbitraton and which will arise in such aoccedi gs, and 164.3, the written connate of the other person entity smglai to be included and of OWNER and CONTRACTOR has been obtained for such .[.am which ..at shall make specific ockawas, to this paragraph. but non such convent stall conantate consent to arbitration of any dispute rot specifically described in such cmnent or to arbitration with anry pmy cut specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4. if a claim, dimuk or other matter to sues ion between OWNER and =In& in all subcontmets required by paragraph 6.11 a specific provision whereby the Subcontractor amounts to bemg jomod in - srbmetion between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 ra in the provision of such subamarma connoting to joinder shall creak any claim, right or cause of actin in favor of Subcmmactor and against OWNER, ENGINEER or ENGINEERB Consultants that does rot otherwise ears. 16.6, The award rendered by the abvmrons will be final, judgment may he entered upon it in eery court having jursdictim thereat and it will act be subjed to modificationa appeal. OWNER and CONTRACTOR agree that they submit any and all unsetted claims, to, dspales and other mattes k common no arising out of or relating to de Contract or the breach thereof ("disputes"), to mediation am. Arbitration Assmiatim under the a Industry Mediation Rules of the Amaimn Asvociatrm poor to Cuba Of them inihating colter a demand for arbitration punstant k 16.1 trough 16.6, ad. delay m mitating would irrevocably prejudice arc of the parties. shall be suspended with respect to a to med'mtion within those came and shall remain suspended until ten roan of the mediation. The mediator tad to mediation under this Agreamcit tria of such diaate udess otherwise CC -AI • • • VI OmY6RALMminON5olm(19909dtim) WAI M CRY OF FOkT COLLINS MODIFICAT1ON9. (U V 9N4) SECTION 00800 SUPPLEMENTARY CONDITIONS • • • SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Investigation, Poudre Trail Bridge Crossing, Lemav Avenue and Mulberry Street, Proiect No. FC05838-125, by CTL Thompson Inc., dated April 19, 2012. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. • 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). No Text 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 Purchasing Restrictions Delete the complete paragraph SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1. - Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph SC-14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; SCA 7.6.1 Delete the complete paragraph 1: 0 • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: POUDRE TRAIL AT MULBERRY & LEMAY CONTRACTOR: WALSH CONSTRUCTION INC. PROJECT NUMBER: 8008 DESCRIPTION: 1. Reason for change: 2. Description of 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: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Project File Engineer DATE: DATE: DATE: Contractor Architect Purchasing • • � 0 � 0 0 mow 0M -_ M :) - k ) ! z hi ) - 0 00 a\) ' - k0 _ k�/k \ _ \ \{t}/&[ 6 fE){]2|) )\ ( { § _ 12 �)\))\)2 _ ® | m ) k) 0 m \ _ 2 2 < ! ! ! ! (§ | § i ! k 0 ! ( k P: | „ « _ f kw - - - - 7 ! I ! §) ! C � � U N 0 O a 'm N W 9 D_HW~Owwwwwwwwwwwwwwwwwwwwwwwwwwwwww N `o w N N w O N F N a �00000000000000000O000000000000 m o000000000000000000000000000000 000000000000000000000000000000 `o n a w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w E O 0,2 > � p Ci �000000000000000000000000000000 Q Q o Q w w w w ow w w w w w w w w w w w w w w w w w w w w w w w w w z z � E `m OW 0aa T C) p as �a00000000000000000000000000000 d a O O o O O o 0 o 0 0 0 O O O O O o 0 0 o O o 0 0 0 0 0 o O o 0 C E8o6000000000000000000000000000 s d ¢ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w `o Cl O N L > U !E H Co C7 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 E 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 E 0 0 0 0 0 0 0 0 0 06 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w C 2 tea` w F z T U - C Q 7 F p QU K o N z a Q F OU Q O m Gl d E z • • • A L J • 0 a M M w O �� a N00000000000000000000000000 0o Q o�FAo0000000000000000000000000 `o--00000000000000000000000000 00 d Fw �tA an fA t9 fA Hi t9Mt9 eA t9MfA t9 Vi fA lAVi to t9 f9 fAMfA t9 fA to mm M N 0 N m a F d � a �00000000000000000000000000 0o o00000000000000000000000000 00 I-d 00000000000000000000000000 vi»ea vi F»v>en viw»wta es fn rn is of v)wF»»�u)» 00 atn rn en F» z o a 0 m O =00000000000000000000000000 an LL a 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 0 n 0 o»o»o»o»�eov o»��o»�o»o»��o»�� o»o» O `o a,'o_ a Q vos��o»o»o»waov Q�oad U U J a a Q �00000000000000000000000000 0o a o00000000000000000000000000 00 m E000000000000c0000000000000 en rn en ei w en en rn en fn en en �»rn v)en to ea rn rn en en en 00 Fnw o � Qf»war a EE N U F- �00000000000000000000000000 0o 000000000000000000000000000 0o E00000000000000000000000000 . 00 . Q us v>en en eswwv>ts»en to wea v>en e»e)w es eaw»as v)ea v)w C - �a` N C W CD y z u) W N 2 M Q U0 H K d U 0 F LU Q0U o F z d Q ~ 0 = N 0 o (L a a) a�E E M z LL Oa O �mNm o000000000000000000000000000000 ooa0000000000000000000000000000 W 2t!� ~ — o000000000000000000000000000000 C a0 f9 fA fA l9 f9 f9 f9 Ni f9 i9 f9 fA f9 f9 fA f9 di (A fA f9 fA f9 fN 1A Hi f9 M (AW lA f9 • FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • PROJECT AND STANDARD SPECIAL PROVISIONS POUDRE TRAIL AT MULBERRY & LEMAY Construction Project Code No: 18399 7 0 FEDERAL Am PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 PROJECT SPECIAL PROVISIONS POUDRE TRAIL AT MULBERRY & LEMAY The Colorado Division of Transportation's 2011 Standard Specifications for Road and Bridge Construction controls construction of this project The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications of special provisions contain both English units and SI units, the English units apply and are the specification requirement. Other Technical Standards and Specifications that support this work are as follows in the order of importance: Latimer County Urban Area Street Standards (LCUASS); Fort Collins Stormwater Standards, and the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways' (MUTCD). These documents are not included in the contract documents, but may be obtained at the appropriate City or District Departments. It shall be the Contractors responsibility to purchase and familiarize themselves with all the standard specifications. PROJECT SPECIAL PROVISIONS Item Date Page Index Pages (May 3, 2013) I-ii Notice to Bidders (May 3, 2013) SP-1 Commencement & Completion of Work (May 3, 2013) SP-2 Contract Goal (Combined) (May 3, 2013) SP-3 On the Job Training Contract Goal (May 3, 2013) SP-4 Revision of Section 101 - Definition of Terms (May 3, 2013) SP-5 Revision of Section 102 — Bidding Requirements & Conditions (May 3, 2013) SP-7 Revision of Section 105 - Control of Work (May 3, 2013) SP-10 • Revision of Section 107 — Performance of Safety Critical Work (May 3, 2013) SP-11 Revision of Section 107 — Insurance (May 3, 2013) SP-13 Revision of Section 108 — Prosecution and Progress (May 3, 2013) SP-14 Revision of Section 201 — Clearing and Grubbing (May 3, 2013) SP-18 Revision of Section 202 - Removal of Tree (May 3, 2013) SP-19 Revision of Section 202 — Removal of Pipe (May 3, 2013) SP-20 Revision of Section 202 — Removal of Asphalt Mat (May 3, 2013) SP-11 Revision of Section 202 — Removal of Riprap (October 1, 2013) SP-22 Revision of Section 202 — Removal of Concrete Bridge Deck (December, 19, 2013) SP-23 Revision of Section 203 — Excavation and Embankment (August 15, 2014) SP-24 Revision of Section 206— Structure Backfill Material (October 1, 2013) SP-25 Revision of Section 207 — Topsoil (May 3, 2013) SP-26 Revision of Section 208 — Erosion Control (May 3, 2013) SP-27 Revision of Section 209 — Water and Dust Palliatives (May 3, 2013) SP-28 Revision of Section 210 — Reset Structures (October 1, 2013) SP-29 Revision of Section 211— Dewatering and Diversion (May 3., 2013) SP-31 Revision of Section 212 — Tree Retention and Protection (August 15, 2014) SP-32 Revision of Section 308 — Subgrade Stabilization (Special) (October 28, 2013) SP-37 Revision of Section 506 — Ripmp (May 3, 2013) SP-38 Revision of Section 608 — Sidewalks and Bikeways (May 3, 2013) SP-39 Revision of Section 621 — Structure Temporary Access Road (October 28, 2013) SP-40 Revision of Section 625 — Construction Surveying (December 4, 2013) SP-41 Revision of Section 626 — Mobilization (August 15, 2014) SP-43 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • Revision of Section 628 —Bridge Girder and Deck Unit Revision of Section 630 — Traffic Control Utilities Force Account Items 0 E iii (May 3, 2013) SP44 (May 3, 2013) SP-48 (May 3, 2013) SP49 (May 3, 2013) SP-50 • lu I I I I i i i �S i m� ,�wiaun 8 F �rwmo,aaawiae'�cwwis � �®C�1 n y 8 ' FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • STANDARD SPECIAL PROVISIONS Item Date No. of Paces Revision of Section 103 - Escrow of Proposal Documentation (May 5, 2011) 2 Revision of Section 105 - Disputes and Claims for Contract (January 30, 2014) 31 Adjustments Revision of Section 105 - Violation of Working Time Limitation (February 3, 2011) 1 Revision of Section 106 - Certificates of Compliance and Certified (February 3, 2011) 1 Test Reports Revision of Section 107-Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility, for Damage Claims, (Febmary 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Section 107 - Contractor Obtained Stormwater (July 31, 2014) 1 Construction Permit Revision of Section 108 -Notice to Proceed (July 31,2014) 1 Revision of Section 108-Project Schedule (July 31,2014) 1 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 201 I) 1 Revision of Section 109 - Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 - Measurement of Water (January 6, 2012) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Section 203, 206, 304, 613 - Compaction (July 19, 2012) 2 Revision of Section 206-Structure Backfill (Flow -Fill) (April 26, 2012) 2 Revision of Section 206-Structure Backfill at Bridge Abutments (January 30, 2014) I Revision of Section 208 - Erosion Log (January 31, 2013) 1 Revision of Section 212 - Seed (April 26, 2012) 1 Revision of Section 213 - Mulching (January 31, 2013) 4 Revision of Section 250 - Environmental, Health and Safety (July 19, 2012) 1 Management Revision of Section 412 - Portland Cement Concrete Pavement (February 3, 2011) 1 Finishing Revision of Section 412.601, 711- Liquid Membrane- (May 5, 2011) 1 Forming Compounds for Curing Concrete Revision of Section 601 -Concrete Hatching (Febmary 3, 2011) 1 Revision of Section 601 -Concrete Finishing (Febmary 3, 2011) 1 Revision of Section 601- Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601- Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 601- Depositing Concrete Under Water (May 2, 2013) 1 Revision of Section 601- Fiber Reinforced Concrete (May 2, 2013) 1 Revision of Section 601 - QC Testing Requirements for (May 8, 2014) 1 Structural Concrete Revision of Section 603, 624, 705 - Drainage Pipe (April 26, 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 (December 26, 2013) 9 Minimum Wages Colorado, U.S. Department of Labor General (January 24, 2014) 7 Decision Numbers C0140024, Highway Construction (July 29, 2011) 3 Statewide On the Job Training FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • Partnering Program (February 3, 2011) 1 Required Contract Provisions — Federal -Aid Construction Contracts (October 31, 2013) 14 • 0 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 PROJECT SPECIAL PROVISIONS • C J FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • NOTICE TO BIDDERS The proposal guaranty shall be certified check, cashier's check or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized City of Fort Collins representative. Prospective bidders shall contact the following authorized City representatives at least 12 hours in advance of the time they wish to go over the project: PROJECT MANAGER Jason Smtzman City of Fort Collins Park Planning 215 N Mason St, Fort Collins, CO 80524 Office Phone: (970) 221.6366 Cell Phone: (970) 222-1708 Email: jstutzman@fc¢ovcom PROJECT ENGINEER Kyle Lambrecht Office: (970) 221-6566 Cell Phone: (970) 556-4637 Email: kambrecht@fc og v.com The above referenced individuals are the only representatives of the City of Fort Collins with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract • documents or requirements. Questions received from bidders along with City responses will be posted as an addendum online at the City of Fort Collins Buy Speed Webpage, www.fc¢ov.com/emocurement as they become available. • All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered pan of the Contract. SP-1 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on by the City in the "Notice to Proceed". The Contractor shall complete all work in accordance with the Contract. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule. Salient features to be shown on the Contractor's Progress Schedule we: (1) Mobilization (2) Erosion Control (3) Clearing and Grubbing (4) Removals (5) Topsoil Stripping and Stockpiling (6) Structure Excavation and Backfill (7) Caissons (8) Bridge Abutments Milestone 1 (9) Truck Ramp and Crane Pad (10) Grading to Subgrade Elevations (11) Storm sewer System (12) Concrete Trail (13) Sidewalk (14) Set Bridges (15) Cleanup and punch list • • SP-2 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 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* 0.0'% The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 X **Dollaramount of work to be contracted to underutilized DBEs (UDBEs) Total dollar amount of the original Contract * All DBEs will be considered to be UDBEs. ** Based on DBE contract unit prices rather than prime contract unit prices. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69 percent annual goal for the participation of all DBEs. • 0 SP-3 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 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 required = D hours SP-4 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 . REVISION OF SECTION 101 DEFINITIONS OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.01, Abbreviations, line 25 is deleted and replaced with the following: CDOT Colorado Department of Transportation or The City of Fort Collins, as applicable. Subsection 101.10, CDOT Resident Engineer, is deleted and replaced with the following: 101.10 CDOT Resident Engineer. The City of Fart Collins acting either directly or through an authorized representative, who is responsible for the project's engineering and administrative supervision. In subsection 101.17, Contract, delete the first paragraph and replace with the following: 101.17 Contract. The written agreement between the City of Fort Collins and the Contractor setting forth the obligations of the parties for the performance of work and the basis of payment. Subsection 101.23, Contractor, is deleted and replaced with the following: 101.23 Contractor. The individual, firm, or corporation contracting with the City of Fort Collins for performance of prescribed work. • Subsection 101,25, County, is deleted and replaced with the following: 101.25 County. The City of Fort Collins acting through its authorized representative. The City of Fort Collins and City will be interchangeable in this Contract. Subsection 101.28, Department, is deleted and replaced with the following: 101.28 Department The City of Fort Collins. Subsection 101.29, Engineer, is deleted and replaced with the following: 101.29 Engineer. The City of Fort Collins acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. The terms Engineer, Project Engineer, and Project Manager will be interchangeable in this contract. Subsection 101.36, Holidays, is deleted and replaced with the following: 101.36 Holidays. Holidays recognized by the City of Fort Collins are: New Year's Day Dr. Martin Luther King, Jr.'s Birthday (observed) President's Day Memorial Day Independence Day Labor Day Veteran's Day 0 SP-5 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 101 DEFINITIONS OF TERMS Thanksgiving Day Day after Thanksgiving Christmas Day When New Year's Day, Independence Day, or Christmas Day fall on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. Subsection 101.39, Laboratory, is deleted and replaced with the following: 101.39 Laboratory. The testing laboratory designated by the City of Fort Collins or any other testing laboratory that may be designated by the Engineer. In subsection 101.48, Preconstmction Conference, delete CDOT and replace with City of Fort Collins. Subsection 101.51, Project Engineer, is deleted and replaced with the following: 101.51 Project Engineer. The Engineer's duly authorized representative who may he a City employee or an employee of a consulting engineer (consultant) under contract to the City of Fort Collins as defined below: (a) The City of Fort Collins Project Engineer. The City of Fort Collins's duly authorized representative who is in direct charge of the work and is responsible for the administration and satisfactory completion of the • project under contract. (b) Consultant Project Engineer. The consultant's employee under the responsible charge of the consultant's Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer's duties are delegated by the Project Engineer in accordance with the scope of work in the consultant's contract with the City. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Subsection 101.58, Region Transportation Director, is deleted. In subsection 101.76, State, State shall mean The City of Fort Collins, Latimer County, Colorado where applicable. • SP-6 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is revised as follows: Subsection 102.04, Interpretation of Plans and Specifications, is deleted and replaced with the following: 102.04 Interpretation of Plans and Specifications Any change to proposal forms, plans, or specifications prior to the opening of proposals will be issued by the City of Fort Collins by mail or email to all holders of proposal forms. Certain individuals are named in the project specifications who have the authority to provide information, clarification or interpretation to bidders prior to opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for bidding purposes. In Subsection 102.05, Exandnation of Plans, Specifications, Special Provisions, and Site of Work, the following is included after the final (fifth) paragraph: The project Construction Documents and supporting information will be available for review until the date set for opening of bids at the following locations: 1. Online at the City of Fort Collins Buy speed Webpage, www.fcgov.com/eummwment 2. City of Fort Collins Purchasing Department, 215 N Mason Street, 20° Floor, Fort Collins, Colorado 80524 • Subsections 102.06, Preparation of Proposal, and 102.07, Irregular Proposals, are deleted and replaced with the following: 102.06 Preparation of Proposal The bidder shall submit the proposal (bid) upon the forms famished by the City of Fort Collins. The bidder shall submit completed CDOT Forms 606 and 714 with their bid or the bid will be rejected. The bidder shall specify a unit price for each pay item for which a quantity is given and shall also show the mathematical products of the respective unit prices and the estimated quantities in the column provided for that purpose, together with the total amount of the bid obtained by adding such mathematical products. All the entries shall be in ink or typewritten. When the bid contains an alternative pay item, which has been approved by the City of Fort Collins, the choice of that item by the bidder shall be indicated in accordance with the specifications for that particular item. No further choices will be permitted. The Contractor's bid must be signed in ink by an individual with legal authority to bind the Contractor. Such an individual includes the owner of a sole proprietorship, one of more partner members of a partnership, one or more authorized members or officers of each firm representing a joint venture, the president or vice-president of a corporation, or an authorized agent of the Contractor. Anyone signing as agent for a Contractor must file with the City of Fort Collins written evidence of such authority. (a) Proposal Guaranty. A proposal will not be read and will be rejected unless accompanied by a guaranty of the character and in an amount not less than the amount indicated in the 'INSTRUCTIONS TO BIDDERS" statement, found in the Special Provisions portion of the bidding documents. If the proposal Guaranty is a bid bond, the bid bond will be in the format presented in the proposal. No other wording will be accepted. 0 SP-7 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 SOILS REPORT F�mFa.6 SS 3 N'IXBh�lY�0.1 roos.lt-Yls p��& S _ Y WDJlib31H [CYL.1—F �ii T?i g � a / � s� g FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS (b) Delivery of Bids. Each bid shall be submitted separately in a sealed envelope to the City of Fort Collins by mail, personal delivery, or messenger service at the location indicated in the invitation for bids. The envelope shall be clearly labeled to identify it as a bid for the subject public project. The sealed bid shall be addressed to: City of Fort Collins Purchasing 215 N Mason Street, 3" Floor Fort Collins, Colorado 80524 All bids shall he filed at the place specified in the invitation for bids and prior to the time specified therein. Bids received after the time for opening of bids will be retained to the Contractor unopened. (c) Withdrawal of Bids Prior to Bid Opening. Prior to bid opening, a Contractor may withdraw or revise a bid after it has been deposited with the City. Withdrawal of bids may be made either in writing or in person; however, any bid withdrawn for the purpose of revision must be re -deposited before the time set forth for opening of bids in the invitation for bids. A bid may not be withdrawn after the time set for opening of bids. Before a bid may be withdrawn, proper identification and verification of the authority of the individual requesting to withdraw shall be obtained. The fact of such withdrawal shall be documented, in writing, by the City. (d) Receiving Bids. Sealed bids will be received by The City of Fort Collins at the place specified in the invitation for bids until the time and date specified in the invitation for bids. Bids must be submitted to The City • of Fort Collins in a manner that ensures that The City of Fort Collins receives a complete bid with original signatures), including submission by U.S. mail, personal delivery, or messenger service. Bids submitted in a manner that results in The City of Fort Collins receiving an incomplete bid, a bid without original signature(s), or a bid not in the approved form, including submission by telephone, facsimile machine, telegram or mailgram, will not be accepted or considered but will be rejected. (e) Opening of Bids. Bids shall be opened and read publicly at the time and place specified in the invitation for bids. Such opening shall be performed by an authorized employee of The City of Fort Collins in the presence of at least one witness. Contractors, their authorized agents, and other interested parties are invited to be present. (f) Rejection of Individual Bids. Individual bids may be rejected for any of the following reasons: 1. If the Contractor fails to submit completed CDOT Forms 606 and 714. 2. If the bid is on a form other than that prescribed by The City of Fort Collins, if the form is altered or any part thereof is detached, or if the form does not contain original signatures. 3. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite, or ambiguous. 4. If the Contractor fails to acknowledge in the bid that it has received all addenda (if any) current on the date of opening the bids. 5. If the bid does not contain a unit price for each pay item listed except in the case of authorized alternative pay items, the mathematical products of the respective unit prices, and the estimated quantities, and the total amount of the bid obtained by adding such mathematical products. 6. If the City of Fort Collins determines that any of the unit bid prices are materially unbalanced to the potential detriment of The City of Fort Collins. There are two types of unbalanced bids: (1) mathematically unbalanced and, (2) materially unbalanced. The mathematically unbalanced bid is a bid containing lump sum or unit pay items which do not reflect reasonable actual costs plus a reasonable • SP-8 FEDERAL AID PROJECT NO, STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of The City of Fort Collins. These costs shall all relate to the performance of the items in question. The materially unbalanced bid is a mathematically unbalanced bid which The City of Fort Collins determines leaves reasonable doubt that award will result in the lowest ultimate cost to The City of Fort Collins, or that award is in the public interest. 7. If the Contractor submitting the bid is affiliated with another contractor that has submitted a bid on the same public project. 8. If the Contractor submitting the bid has been asked in writing to show why it should not be found in default on a City of Fort Collins contract. 9. If the Contractor submitting the bid has had its prequalification by the Colorado Department of Transportation and/or The City of Fort Collins revoked, or if the contractor submitting the bid is currently under debarment or suspension by the Colorado Department of Transportation and/or The City of Fort Collins. The City of Fort Collins reserves the right to reject any or all bids, to waive technicalities, to further negotiate price, scope of work, terms, and conditions with the successful bidder, or to advertise for new bids, if, in the judgment of the City, the best interests of the City will be promoted thereby. 0 SP-9 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 105 • CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: 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. 9 SP-10 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVLSION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Section 107 of the Standard Specifications is revised as follows: 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) Work requiring the use of cranes or other lifting equipment. (2) Temporary works: falsework and shoring that exceeds 5 feet in height. The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan or a bridge removal plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety critical element(s) for which the plan is being prepared. (2) Contractor or subcontractor responsible for the plan preparation and the work. • (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations. (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: a. Years of experience perforating 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 Brie up c. Replacement of workers who don't perform the work safely d. Equipment failure e. 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 writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Bridge erection plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. 0 SP-11 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK 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 conference 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) Work requiring the use of cranes or other lifting equipment and (2) Temporary Work. 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 manger that creates an unsafe situation for the public in accordance with subsection 108.05. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. All costs associated with the preparation and implementation of each safety critical work element construction plan and meeting will not be measured or paid for separately, but shall be included in the work. • SP-12 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 107 INSURANCE Section 107 of the Standard Specifications is revised as follows: Subsection 107.18 is hereby revised as follows: For this project all insurance certificates shall name The City of Fort Collins and the Colorado Department of Transportation as an additionally insured party. 0 SP-13 FEDERAL Am PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 108 • PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is revised as follows: Subsection 108.03, shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Awed and before the Notice to Proceed. The date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent a. Contractor shall designate/introduce Superintendent b. At this time the Superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction activities for thisjob. 2. Contractor's Subcontractors a. Contractor shall designate/introduoe major Subcontractor's supervisors assigned to the project. 3. Engineer 4. Owner 5. Others as required by the Contractor, City, or Engineer. Unless previously submitted to the City, the Contractor shall bring to the conference a tentative schedule of the construction project. Shop drawings and other submittals shall be included in the schedule. Any submittals • requiring long lead times and therefore must be expedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's tentative Schedule a. The Contractor shall submit a detailed project schedule showing milestones and the critical path for the Poudre Trail at Mulberry and Lemay project. This schedule shall be agreed to by both the City and the Contractor. It shall be made in writing and signed by both parties. 2. Permit applications and submittals, including Dewatering Permit, and Erosion and Sediment Control Plan. 3. Transmittal, review and distribution of Contractor's submittals. 4. Processing application for payment. 5. Maintaining record documents. 6. Field decision and change orders. 7. Use of premises, office and storage areas, staging areas, security, housekeeping, and City's needs. 8. Proposed daily construction hours for the City's approval 9. Designation of access routes and parking. 10. Contractor's assignment of safety and first aid. B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the City. These meetings shall be attended by the City, the Engineer, the Contractor's representative and any others invited by these people. SP-14 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "three week look ahead" schedule to facilitate coordination of work items. The schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress. If the milestones are not met, the City may utilize the remedies provided in the General Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity. The City may also assess liquidated damages as outline in Article 2, Section 3.2 of the Agreement. The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantifies at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the • Contractor's operations affect or are affected by the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. Construction Schedules A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the Contractor intends to meet the milestones set forth. 1. No work is to begin at the site until City's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. B. Format and Submissions 1. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. 2. Submit two copies of each schedule to City for review. i. Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of City or others. ii. The Contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the upcoming week. This schedule will be required every Thursday in a daily calendar format. 3. The schedule must show how the trail, underground utilities, and bridge work will be coordinated. 0 SP-15 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 108 • PROSECUTION AND PROGRESS C. Content 1. Construction Progress Schedule i. Show the complete work sequence of construction by activity and location. ii. Show changes to traffic control. iii. Show project milestones. 2. Equipment, Materials and Submittals Schedule i. Show delivery status of critical and major items of equipment and materials ii. Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials. D. City's Responsibility 1. City's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. 2. It is not to be construed as relieving contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction. Modifications to Time of Completion in the Approved Schedule The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a dated specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract • time. It is expressly understood and agreed by and between the Contractor and the City that the contract time for completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipated "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 7 4 4 4 6 3 4 2 3 3 2 5 The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried am Mondays through is SP-16 FEDERAL Am PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18391 • REVISION OF SECTION 108 PROSECUTION AND PROGRESS Fridays (holidays accepted) unless an approved construction schedule or written authorization from the City indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The City will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. The conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, and then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. • The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extension of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the City or Engineer. 1. To any preference, priority, or allocation order duly issued by the City. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above. 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. 0 SP-17 x A Al - I A^�k� -== I a 1�m a ,I p 3 is \e I � i I Ecy� 8 gRb _ S�y � � 1 i .wv is .wtly6 � 8 0 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 201 • CLEARING AND GRUBBING Section 201 of the standard specifications is hereby revised for this project as follows Subsection 201.02 shall include the following The City Representative shall be responsible for identifying the removal of tree branches, stumps, shmbs and/or other plant materials beyond those trees identified in the removal plans for removal and/or transplant. Coordinate with the City Representative to have tree branches, stumps, shrubs, and other plant materials marked for removal. The Contractor shall scalp the vegetation and trash from the topsoil surface and dispose of this material properly of€site. All removed debris shall become the property of the contractor and shall be removed from the project site, not buried on -site. Trees smaller than 6 inches in diameter at breast height within the project limits shall be removed as a part of this item. Subsection 201.04 shall include the following: Pay Item Pay Unit Clearing and Grubbing Lump Sum • i SP-18 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 202 REMOVAL OF TREES Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.02 shall include the following: This work includes the removal of trees as directed by the City Representative. This work includes the preservation from injury or defacement of all vegetation and objects designated to remain. The City Representative will establish environmental limits. All trees, shrubs, plants, grasses, and other vegetative materials shall remain, except as designated by the City Representative. The existing tree stumps designated for removal shall be ground down 36 inches below proposed grade. The removed material shall become the property of the Contractor and shall be disposed of outside the project site legally. Subsection 202.11 shall include the following: Potholing will not be paid separately and shall be included in the cost for removal of tree. Subsection 202.12 shall include the following: Pay Item Pay Unit . Removal of Tree Each Chipping, stockpiling mulch, and hauling and stockpiling trunks and limbs will not be paid for separately but shall be included in the work. All clearing and grabbing directed by the City Engineer will be paid for as lump sum under the clearing and grabbing item. 0 SP-19 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 202 REMOVAL OF PIPE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing pipe within the project limits as shown on the plans or at locations directed by the City Representative. In subsection 202.02 delete the sixth paragraph and replace with the following: The removed pipe shall become the property of the Contractor and shall be disposed of outside the project site legally. Subsection 202.11 shall include the following: The removal of the existing pipe will be measured by the Hnear foot of pipe removed, and accepted. Excavation and embankment to return the ground to existing grade will not be paid separately and shall be included in the cost for removal of pipe. The pipe that is removed shall be backfilled with flowfill and meet the requirements found under Section 206 of the Special Provisions. This will be paid for under its own unit. Subsection 202.12 shall include the following: • Payment will be made under: Pay Item Pay Unit Removal of Pipe Linear Foot Work shall include all material, equipment, labor, and disposal of materials to complete the work. SP-20 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or at locations directed by the City Representative. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth, and accepted. Payment will be made under: Pay Item Removal of Asphalt Mat Pay Unit Square Yard Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. Planers, brooms and all other work necessary to complete the item will not be measured and paid for separately, but shall be included in the work. E 0 SP-21 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 202 REMOVAL OF RIPRAP Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes the removal of existing riprap under the Lemay Ave Bridge within the project limits as shown on the plans or at locations directed by the City Representative. Subsection 202.11 shall include the following: Excavation will not be paid separately and shall be included in the cost for removal of the riprap. Approximately 5 CY of excess riprap shall be used at the proposed 24-inch Flared end section outfall. All other excess riprap shall become the property of the Contractor and removed and disposed of properly. The removal of the existing rip rap will be measured by the square yard of mat removed to the required depth, and accepted. Payment will be made under: Pay Item Removal of Riprap Pay Unit Cubic Yard • Work to remove riprap shall include all material, equipment, labor, and disposal of materials to complete the • work. • SP-22 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 202 REMOVAL OF CONCRETE BRIDGE DECK Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes the removal of the existing concrete bridge deck on the 165' bridge. The limits of removal shall be determined in the field following delivery from the CDOT project and inspection of the City Representative. Subsection 202.1 t shall include the following: The removal of the existing concrete bridge deck will be measured by the square yard of material removed and accepted. Payment will be made under Pay Item Pay Unit Removal of Concrete Bridge Deck Square Yard Work shall include all equipment and labor necessary to complete the work. The disposal of the existing concrete deck material shall be included in the work. 0 • SP-23 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 203 • EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.14 shall include the following: Unclassified Excavation and Embankment will be paid per plan quantities. Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard Embankment (Complete in Place) Cubic Yard Work shall include all material, equipment, labor, and disposal of materials to complete the work, including haul, stockpiling, dust control, soil moisture control, compaction, proof rolling, finish grading and disposal of unsuitable materials. 0 • SP-24 FEDERAL Am PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 183919 • REVISION OF SECTION 206 STRUCTURE BACKFILL MATERIAL Section 206 of the standard specifications is hereby revised for this project as follows: In subsection 206.01, add the following: High groundwater may be encountered on this project. Dewatering shall be included in the work for Revision of Section 211 Dewatering. In subsection 206.06, add the following: The quantity for Structure Backfill (Class 1) will not be measured, but will be the quantity designated on the Plans, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Engineer prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. Haul and stockpile of salvable material will not be measured and paid for separately but shall be included in the work. • 0 SP-25 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 207 • TOPSOIL Section 207 of the standard specifications is hereby revised for this project as follows Subsection 207.02 shall include the following: The source of topsoil for this project is the strippings from the project limits, but the Contractor shall ensure that the source location and the area, which is to be used to store topsoil, shall be free of noxious weeds. Failure will result in the rejection of this topsoil. Any imported topsoil is subject to approval by the Engineer before use. At least 30 days before hauling soil to the site, the Contractor shall supply a sample of the topsoil to Colorado State University Soil Testing Laboratory for analysis. The Contractor shall contact the Engineer to inspect and approve this area and the area where the topsoil shall be stored. A Certificate of Compliance from the University shall be provided to the Engineer to verify the organic matter content, pH, sodium absorption ratio, electrical conductivity and nutrient requirements. Contractor supplied topsoil shall meet the following criteria: Property Min Value Max Value pH 6.5 7.8 Sodium Absorption Ratio - 10.0 Salts (electrical conductivity) - 4,0 mmbos/cm Organic matter 3% 10% Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients the extracting • solution used by CSU Soil Testing Laboratory: Nitrogen 5 ppm Air dried Basis Phosphorous 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Subsection 207.05 shall include the following: Payment will be made under: Pay Item Pay Unit Topsoil (remove, stockpile, redistribute) Cubic Yard This item includes stripping topsoil as directed by the City representative and properly stockpiling and replacing topsoil in disturbed areas. Tilling and disking operations will not be paid for separately, but shall be included in the work. • SP-26 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • - REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Section 208.12 delete paragraph ten and replaced with the following: Removal and Disposal of Sediment will not be measured and paid for separately, but shall be incidental to the work. • • SP-27 � n W, . ! / E 0 0 � 0 � FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.07, replace this subsection in its entirety with 'Dust Palliatives (water) will not be paid for separately but shall be included in the work." In subsection 209.08, delete the second paragraph. n U • Is SP-28 FEDERAL AID PROJECT NO. STE M455-I05 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows Subsection 210.01 shall include the following This work includes the removal and resetting of existing riprap under the Lemay Ave Bridge within the project limits as shown on the plans or at locations directed by the City Representative. This work also consists of the erection and installation of the existing prefabricated pedestrian bridge at Span 1 of the proposed bridge crossing Subsection 210.02 shall include the following: Reset Structure (Existing 165' Bridge — at Lemay) The erection and installation of the existing prefabricated pedestrian bridge shall be performed in a safe manner. The installation shall include field -splicing of the existing prefabricated bridge. The existing prefabricated pedestrian bridge will be delivered to the site by others under separate contract. The delivery site will be the bottom of the truck ramp near the south bank of the Poudre River and just east of the Lemay Avenue Bridge. Please refer to "Bridge Relocation Exhibit A". Work by owner is done here, handoff to contractor at this point. Unloading of the existing bridge and any additional transportation of the bridge, including crane erection, shall be the responsibility of the Contractor and included in the work. All materials (structural members, connection hardware, splice plates, welds, elastomerlc pads, etc.) included in • the original fabrication drawings dated October 18, 2001 for the existing prefabricated bridge shall be provided upon delivery to the site by owner. Any items) missing from the pedestrian bridge assembly, whether lost during transportation, erection, or otherwise, shall be replaced with new items of matching size and material at no additional cost. The Contractor is responsible to provide new bearing pads for span 1 (the existing 165' bridge); the existing bearing pads for span 1 cannot be re -used. Any damage or distress incurred during erection shall be repaired by the Contractor to the satisfaction of the Owner prior to acceptance. All bolted connections and welds shall be subject to testing by the Owner's testing firm at the Owner's discretion. Unload Structure (Existing 165' Bridge — at all. site) The second existing 165' prefabricated pedestrian bridge that will be removed from the existing location at the Mulberry Street Bridge will be delivered to the alternate site by others under separate contract. The delivery site will be at the Arapaho Bend Natural Area located off Strauss Cabin Road as detailed by 'Bridge Relocation Exhibit B". Unloading of the existing bridge and any additional transportation of the bridge shall be the responsibility of the Contractor and included in the work. The Contractor shall coordinate with the City Representative for the exact storage location at Arapaho Bend Natural Area. Unload Structure (Existing Steel Railing — at alt. site) The existing steel railing will be removed from the Mulberry Street Bridge and will be delivered to the alternate site by others under separate contract. The delivery site will be at the City of Fort Collins Timberline Storage Yard west of Timberline Road as detailed by "Steel Railing Storage Location Exhibit C". Unloading of the existing steel railing and any additional transportation of the railing shall be the responsibility of the Contractor and included in the work. The Contractor shall coordinate with the City Representative for the exact storage location at the Timberline Storage Yard. 0 SP-29 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 210 • RESET STRUCTURES Subsection 210.13 shall include the following Payment will be made under Pay Item Pay Unit Reset Structure (Existing 165' Bridge — at Lemay) Each Unload Structure (Existing 165' Bridge — at alt. site) Each Unload Structure (Existing Steel Railing — at alt. site) Each Payment for Reset Structure will be full compensation for all labor, materials and equipment required to complete the work, including, erection, assembly, field -splicing, bearing pads, and repair or replacement of damaged or missing components. Payment for Unload Structure will be full compensation for all labor, materials and equipment required to complete the work. SP-30 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 211 DEWATERING AND DIVERSION Section 211 is hereby added to the Standard Specifications for this project as follows DESCRIPTION 211.01 This work consists of dewatering to facilitate construction activities. CONSTRUCTION REQUIREMENTS 211.02 The Contractor is advised that groundwater within the project limits may require dewatering. The Contractor shall conform in all applicable State and City of Fort Collins requirements as well as the requirements outlined in the Nationwide Permit No. 14 (the City of Fort Collins has obtained this permit). 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 obtain the appropriate Colorado Discharge Permit System (CUPS) 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 and Diversion Plan to the City at least four 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 and bridge placement. The Dewatering and Diversion Plan shall be • stamped "Approved for Construction" and signed by the Contractor. The Dewatering and Diversion Plan will not be approved by the City. The City will review the Dewatering and Diversion Plan and issue a written acceptance letter or request for changes within two weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and resubmit it to the City within one week after receiving the request for changes. The City's written acceptance of the Dewatering and Diversion Plan is required before construction. The Dewatering and Diversion 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) Method and details for minimizing dewatering in excavations and during caisson construction. 3) Method and details for diverting the Cache La Poudre River as necessary for bridge placement. 4) Method of measuring groundwater discharge. 5) Equipment descriptions including size, number, type, capacity, and location of equipment during dewatering operations. BASIS OF PAYMENT 211.03 Payment for all work for Dewatering including preparation of the Dewatering and Diversion Plan and all work for Section 250 shall be included in the work. All permitting shall be included in the work as well. Pay Item Pay Unit Dewatering Lump Sum 0 SP-31 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 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 we affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: 1) 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. 2) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to he protected during construction, and indicated on Drawings. 3) 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. 4) 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 of 2680 psi; secured with plastic bands or galvanized -steel or stainless- steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. a. Height: 5 feet b. Color: High -visibility orange, nonfading. Add Subsection 212,061 immediately following Subsection 212.06 212.61 Tree Retention and Protection A. SUBMITTALS 1) Samples for Verification: For each type of the following: a. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. • SP-32 FEDERAL AID PROJECT NO, STE M455-I05 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 212 TREE RETENTION AND PROTECTION 2) Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstmction conditions that might be misconstrued as damage caused by construction activities. a. Use sufficiently detailed photographs or videotape. b. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. QUALITY ASSURANCE 1) Preinstallation Conference: Conduct conference at Project site. a. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. 2. Enforcing requirements for protection zones. 3. Field quality control. C. PROJECr 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. I. 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 I- inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree mot systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. Within the drip line of any protected existing tree, then; 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 • SP-33 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 212 TREE RETENTION AND PROTECTION 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 mmirnize 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 owner's representative. A. TREE- AND PLANT -PROTECTION ZONES Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not In obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 1)Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. B. EXCAVATION General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. is SP-34 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Trenching near Trees: Where utility trenches are required within protection wnes, hand excavate under or around tree roots or tunnel under the mots 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 backfrll 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 m 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. E. ROOT PRUNING Prune roots that are affected by temporary and permanent construction. Pruning roots 2" in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp Pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a • backhoe or other equipment that rips, tears, or pulls roots. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Cover exposed roots with burlap and water regularly. 4. Backfill as soon as possible according to requirements in Section 200 Earth Work, Root Pruning at Edge of Protection Zone: Prune mots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. F. CROWN PRUNING Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: 1. Pruning Standards: Prune arms according to the City of Fort Collins Tree Management Standards G. REGRADING Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection wne. Maintain existing grades within the protection wne. Raising Grade: Where new finish grade is indicated above existing grade around trots, slope grade beyond the protection zone. Maintain existing grades within the protection zone. 0 SP-35 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 212 • TREE RETENTION AND PROTECTION H. 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 arborlsfs written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by landscape Architect/Owner's Rep. Protected trees that are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner's Rep determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. I. 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. Subsection 212.07 shall include the following: 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 Pay Unit Tree Retention and Protection Lump Sum • SP-36 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 308 SUBGRADE STABILIZATION (SPECIAL) DESCRIPTION 308.01 General. This work consists of stabilizing the earth subgrade as called for in the revision of section 621, Structure Temporary Access Road, by providing a geosynthetic material in the specified area (crane runway and working platform) as needed to build the access road. DESIGN REQUIREMENTS 308.02 The Contractor shall submit a design to the Engineer for approval prior to construction. Mechanical stabilization shall be designed in accordance with CP 26-13. Stabilization with unbound aggregate shall be designed in accordance with the current version of CDOT's Pavement Design Manual. MATERIALS 308.03 Mechanically stabilized material shall conform to CP 26-13. Unbound aggregate material shall conform to the requirements of Section 304. CONSTRUCTION REQUIREMENTS 308.04 Placing. The geosynthetic material for separation shall be placed on native soil with only minimal soil disturbance. This geosynthetic material and succeeding embankment shall provide a uniform surface on which a structural roadway system can be placed. The Contractor shall construct one or more compacted courses of stabilized material in the area specified in the Contract. The stabilized subgrade shall have uniform density and moisture content. The stabilized subgrade shall • be well bound for its full depth and width with a smooth surface suitable for placing subsequent courses. 308.05 Mixing. The Contractor shall regulate the sequence of the work to accurately apply the subgrade stabilization technology courses as necessary to meet the above requirements. 308.06 Proof Rolling. After the subgrade has been stabilized, the Contractor shall perform proof rolling in accordance with subsection 203,09. Final proof rolling will take place a maximum of two days after all mechanical stabilization or unbound aggregate work has been completed, unless otherwise approved by the Engineer. Final proof rolling will take place as directed or requested by the Engineer. 308.07 Finishing. The finished surface shall be smooth and uniform conforming to the typical sections. All irregularities, depressions, or weak spots, which develop, shall be corrected at the Contractor's expense. The surface shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. METHOD OF MEASUREMENT 308.08 Stabilized subgrade will not be measured for payment. BASIS OF PAYMENT 308.09 The cost for subgrade stabilization shall be included in the cost for item 621, Structure Temporary Access Road. 0 SP-37 • • 1 I zw g 6„/ 13 e Is�tll —synw [ W 115, 5O /b .� ita d- Rh gpA 8 5 Wo FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO, 18399 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: Subsection 506.02 shall include the following: Repurposed Ritimp (pipe ourfall) shall be existing riprap salvaged from the riprap to be removed under the Lemay Bridge (Revision of Section 202 — Removal of Ripmp). The specified quantity shall be salvaged and transported to the proposed pipe outfall location and installed as detailed on the plans and standard specifications. Material to be approved by the Engineer prior to placement. Repurposed Riprap (existing streambed riprap) shall be existing streambed material salvaged from approximately the top 2-3 feet of excavation operations near the Poudre River. Material shall be excavated, selected, handled and stockpiled as necessary to maintain the gradation, appearance and armoring potential of the existing streambed surface. Material to be approved by the Engineer prior to placement. Material shall generally range in size from 2-inch cobbles to 12-inch rounded rock. This material shall be placed in the top of all structural excavation areas as shown on the plans. The color of the riprap shall be gray with gray/blue hues and approved by the Owner's representative prior to delivery to the project site. Color shall be consistent on the entire project and shall match the color of rock to be used for all other portions of the work. Pink riprap will not be allowed. Subsection 506.05 shall include the following: • The removal of the repurposed riprap (pipe outfall) shall be paid for under the Revision of Section 202 — Removal • of Riprap. The work required to excavate the repurposed riprap (native streambed riprap) shall be paid for under Section 206 — Structure Excavation. Bedding, topsoil, and seeding for buried riprap at the pipe outfall will not be measured and paid for separately, but shall be incidental to the work. Pay Item Pay Unit Repurposed Riprap (Pipe outfall) Cubic Yard Repurposed Riprap (Native Streambed Riprap) Lump Sum Riprap(12-icnh) Cubic Yard Payment for both pay items will be full compensation for all labor and materials required to complete the work SP-38 • FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work consists of constructing a reinforced concrete trail and colored concrete trail in accordance with these specifications at locations shown on the plans within the project limits. Subsection 608.03 shall be modified to include the following: Color Agent: Yosemite Brown, Davis Colors of Los Angeles, California Fibrous Reinforcement: Add Fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. Mix batched concrete in accordance with manufacture's recommendations for uniform and complete dispersion. Broom Finish: Concrete flatwork shall receive a heavy broom finish applied at a right angle to the direction of travel. All other flatwork shall have broom finish over joints. Colored Concrete: concrete for colored pavement shall be COOT class D concrete with the following additional characteristics: Unit Measurement Fiberous Reinforcement 3/a lb / CY Coloring Agent • 2 lbs. per sack of Yosemite Brown color (per manufacture's recommendations) Maximum Slump 4 inches Subsection 608.05 shall include the following The reinforcing steel contained in the section of reinforced concrete trail will not be measured but shall be included in the cost of the work. The fibrous reinforcement, color agent, or any other add mixtures in the concrete trail will not be measured but shall be included in the cost of the work. Subsection 608.06 shall include the following: Pay Item Pay Unit Concrete Bikeway (Special) Square Yard Concrete Bikeway (5 Inch) Square Yazd The price of all pay items shall be full compensation of all excavation, concrete, forms, reinforcement, tooling, finishing, and backfill. 40 SP-39 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 621 • STRUCTURE TEMPORARY ACCESS ROAD Section 621 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 621.01 This work consists of constructing and removing a temporary access road for the pedestrian bridge structures being built on this project, as called for in the plans. MATERIALS 621.02 The temporary access road shall consist of Class 6 aggregate base course and geotextile for separation. Any change in these material choices made by the Contractor may be submitted to the Engineer for review. Regardless of the final material choices, the Contractor shall ensure the quality of the actual materials being placed. 621.03 The plan view and typical section that are shown in the plans depict one possible way of accessing the site for the purpose of installing caissons, delivering materials, and erecting the pedestrian bridges. Prior to the start of work, the Contractor shall submit the actual location of the access road and the actual structural roadway system design based on soil conditions on the south side of the river. Traffic control shall be submitted along with the Method of Handling Traffic (MHT) and the Traffic Control Plan. Work shall not begin until written approval of the access road location and structural roadway system design has been received from the Engineer. CONSTRUCTION REQUIREMENTS The Contractor shall maintain the temporary access road for the structures being built on this project throughout the duration of the project. If the access encroaches into the Poudre River floodplain during the first phase of the • project (construction of bridge abutments and piers), it shall be removed back to the limits of the floodplain upon completion of the work and prior to the start of the spring runoff (April 15'"). The access road shall be rebuilt after October 1" for the work involved with phase two (erecting the bridges). The Contractor shall not construct temporary access roads during the flood season (April 15th through October 1"). The access roads shall be removed and the site restored to its original state upon completion of their use, prior to start of the spring runoff. All pavement markings and traffic control devices shall be in accordance with the traffic control plans. METHOD OF MEASUREMENT Structure Temporary Access Road will not be measured, but will be paid for as a single lump sum where the access road is constructed, maintained, and removed. BASIS OF PAYMENT 621.04 The accepted quantities for temporary access roads measured as provided above will be paid for at the contract unit price bid. Pay Item Pay Unit Structure Temporary Access Road Lump Sum Payment will be full compensation for all work and materials required to complete the item, including, but not limited to, aggregate base course, earthwork, geotextiles, maintenance, and all work and materials required to place and remove them in order to return the site to its original state after the construction process has ended. Partial (50%) payment will be made upon completion of the roadway and the remaining amount will be paid upon project completion. • SP-40 • • FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISIONS OF SECTION 625 CONSTRUCTION SURVEYING Subsection 625.06 shall include the following: The Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract. The Contractor shall provide experience instrument personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and measurment work. Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado. In addition, the Contractor shall furnish, without charge, competent personnel and such tools, stakes, and other materials as the Engineer may require in checking survey, layout, and measurement work performed by the Contractor. All work shall be performed to the lines, grades, and elevations shown on the plans. When construction falls within the following areas, corresponding tolerances are required. The installation will be acceptable to the Owner when those tolerances are met, with respect to the fines and grades. If the tolerances are not met, the Contractor shall be responsible for performing OWNER approved modifications to the facilities to bring the project components into tolerances. Description Horizontal location of concrete trail Horizontal location of all walls & components Vertical elevation of concrete trail finished grade Vertical elevation of all walls & components Vertical elevation of other trail cross-section grading Vertical elevation of site grading and catch slopes *Unless trail is field relocated by the Engineer Maximum Deviation from Plan Elevation +/- 0.10 feet* +/- 0.10 feet 0.00 feet to (-0.05 feet) 0.00 feet to (-0.05 feet) 0.00 feet to (405 feet) +/-0.10 feet The Contractor shall remove and reconstruct work that is improperly located. Horizontal and vertical alignments shall be checked regularly as the work progresses. The Contractor shall report results to the Engineer. If the construction survey uncovers any discrepancies, the Contractor shall notify the Engineer, in writing, prior to construction proceeding. If the Contractor proceeds with work that includes apparent discrepancies without resolution by the Engineer, the Contractor assumes full responsibility for any subsequent necessary modifications. Prior to final acceptance of the work, the Contractor must provide a stamped as -built survey, per the contract, for approved verification. The as-builts must be stamped by a licensed professional surveyor in the State of Colorado, Prior to execution of the as -built survey, the Engineer will provide the Contractor with the horizontal location of critical cross sections that will need to be surveyed and meet all vertical tolerances prior to final acceptance. The surveyed shots along these cross sections shall be included as part of the final as -built survey and shall be to a frequency such that the professional land surveyor can certify that the vertical tolerances have been satisified. Certified as -built information is required for compliance with the City of Fort Collins Flood Plain Use Permit and for FEMA approval of the project LOMR. SP-41 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISIONS OF SECTION 625 • CONSTRUCTION SURVEYING The Contractor shall submit a schedule of values for all surveying to be performed in accordance with the Drawings and Specifications prior to the preconstruction conference. E 0 SP-42 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISIONS OF SECTION 626 MOBILIZATION Section 626.01 shall include the following: This work shall include the establishment of an on site sanitary facility. • 0 SP-43 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the design, fabrication, and erection of a simple span, welded self weathering steel, truss pedestrian bridge with a concrete deck between Pier 2 and Abutment 3 in accordance with the specifications and plan details. Potential bridge suppliers are: 1. Contech Engineered Solutions 5670 Greenwood Plaza Blvd, Suite 530 Greenwood Village, Colorado 80111 1-720-587-2700, FAX 720-587-2650 3. Excel Bridge Manufacturing Company 12001 Shoemaker Avenue Santa Fe Springs, California 90670 562-944-0701, FAX 562-944-4025 4. Big R Manufacturing LLC P.O. Box 1290 • Greeley, Colorado 80632-1290 1-800-234-0734, FAX 1-970-356-9621 5. Wheeler Lumber, LLC 9330 James Avenue South Bloomington, Minnesota 55431-2317 1-800-328-3986, FAX 952-929-2909 MATERIALS 628.02 Structural Steel. All structural steel shall be new (unused) material. The Contractor shall provide the City of Fort Collins with copies of all certified mill test reports for all structural steel and bolts. Floor beams, stringers, and members of each Half -through truss (upper and lower chords, diagonals, end posts and vertical posts) utilized in the bridges shall meet a longitudinal Clumpy V-notch (CVN) value of 25 ft. lbs. at 40 degrees Fahrenheit. Testing shall be in accordance with AASHTO T 243 (ASTM A 673). The H frequency of heat testing shall be used. The Contractor shall provide the City of Fort Collins with certified copies of all CVN test reports. All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold - Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric Corrosion Resistance. SP-04 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 . REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All structural steel shapes and plates shall conform to the requirements of ASTM A 588, High -Strength Low - Alloy Structural Steel. All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be provided with two nuts forjanuning. All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be Type 3. CONSTRUCTION REQUIREMENTS 628.04 Design. The AASHTO Guide Specifications far Design of Pedestrian Bridges and Division I (design) of the AASHTO Standard Specifications for Bridges shall govern the design. The superstructure of the pedestrian bridge shall consist of two parallel Half -through trusses, or Pony trusses, with at least one diagonal per panel. The trusses shall be the main load -carrying members of the bridge. The members of each Half -through truss, or Pony truss, (upper and lower chords, diagonals, end posts, and vertical posts) shall be fabricated from square and rectangular structural steel tubing. • Floor beams and stringers shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. The structure shall conform to the clear span, clear width, and railing requirements shown on the plans. Each pedestrian bridge shall be designed for the following loads and loading conditions: Dead load shall be as defined in Section 3.3 of the AASHTO Standard Specifications Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the AASHTO Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. Pedestrian live load shall be as defined by the AASHTO Guide Specifications, and used in load group I of the AASHTO Standard Specifications, Section 3. Vehicle live load shall be as defined by the AASHTO Guide Specifications and as shown on the construction drawings, and used in load group M of the AASHTO Standard Specifications, Section 3. The vehicle live load shall be the H-5 Vehicle. This is a 5 ton, two -axle, vehicle with 14'-0" axle spacing. The axle loads are I ton on the front axle and 4 tons on the rear axle. Wind load shall be as defined by the AASHTO Guide Specifications, and used in load group V of the Standard Specifications, Section 3. • SP-45 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 628 • BRIDGE GIRDER AND DECK UNIT Allowable loads in the structural steel members and weld metal shall be in accordance with Section 10 of the AASHTO Standard Specifications. Minimum thickness of structural steel shall be 3/16 of an inch. 'h inch diameter weep holes shall be drilled (flame cut holes will not be allowed) at all low points of all steel tubing members as oriented in the in -place, completed structure. In members that are level, or flat, a total of two weep holes shall be drilled, one at each end. Weep holes and their locations shall be shown on the Shop Drawings. Allowable stresses for timber decking, when required on the plans, shall be in accordance with Section 13 of the AASHTO Standard Specifications. All metallic fasteners utilized in attaching timber to structural steel shall be galvanized. All welded tubular connections shall be designed in accordance with Section 2, Parts A and D (Delete Subsection 2.36.6), of the Structural Welding Code -Steel ANSI/AWS/Dl.l (Latest Edition). Concrete and reinforcing steel, when used for the deck, shall conform to Sections 601 and 602, respectively. The Contractor shall submit four sets of Design Calculations and Shop Fabrication Details (Shop Drawings) to the City of Fort Collins for each pedestrian bridge separately. This submittal shall be in accordance with Subsection 105.02. The Design Calculations and Shop Drawings shall contain the endorsement sea] of the Professional Engineer registered in the State of Colorado responsible for the design. 628.05 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the requirements of the Structural Welding Code -Steel ANSI/AWS Dl.l (Latest Edition) as amended by the following: I. As required in Subsection 4.7.3, a welding procedure shall be established by qualification in accordance with the requirements of Subsection 3.3 for the ASTM A 847 material used on the bridge. The results of the Procedure Qualification shall be recorded on Form E-1 in Annex E of AWS D 1.1. 2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel qualifications, certifications, and a Written Practice in accordance with ASNT SNT-TC-IA. 3. The quality of all welds shall be in accordance with Section 6, Table 6.1. In Table 6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom chord members. 4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be 100% Magnetic Particle tested in accordance with ASTM E 709. Acceptance shall be determined in accordance with Section 6.10 and Table 6.1, using Alternating Current. In addition, complete joint penetration groove butt welds welded from one side without backing of bottom chord members shall be examined by ultrasonic testing in accordance with Section 6.11.1. 5. Magnetic Particle Testing shall be performed on 100% of all attachment welds to the bottom chord using Alternating Current, in accordance with Section 6.10 and Table 6.1. 6. All Procedure Qualification Records and Welder Qualification Test Records shall be current within three years of the date of beginning fabrication. 0 SP-46 FEDERAL AID PROJECT NO, STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC- SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a uniform color. 628.06 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor shall deteradne the anchor bolt requirements and substructure dimensions needed to properly erect the structure which will be provided. The City of Fort Collins shall be provided with two copies of detail sheets delineating these requirements before work begins. METHOD OF MEASUREMENT 628.07 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and accepted. 1:7:FYPD)toOWN 5IgeON 628.08 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment will be made under: PAY ITEM PAY UNIT Bridge Girder and Deck Unit EACH • Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, and erection. The substructure shall he measured and paid for separately, anchor bolts shall be included in Item 628. Payment will not be made for this item until all required documentation has been submitted to the City of Fort Collins. SP-47 • Li R \ 1 5 > n ' {� 'tl O n ypj O i\ ` pp a�e_� �• 44q e, p 1 I 11 -1 �f.0 ins a I FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 630 TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: All devices, signs, flagging and labor necessary for traffic control shall be included in the lump sum line item "Traffic Control". Subsection 630.10(a) shall include the following: The contractor shall create a method of handling traffic (MHT) which shall be submitted for approval by the City of Fort Collins Traffic Operations Department The submittal shall be made at least two weeks before implementation of any element of the plan. Adjustments necessary as a result of a deficiency in the CONTRACTOR'S proposed MHT will not be paid for but shall be provided at the CONTRACTOR'S expense, unless otherwise approved for payment by the Engineer. The components of the TCP for this project are include access for concrete trucks and cranes as well as traffic control • Subsection 630.16 shall be revised as follows: 10 The Contractor shall supply and pay all costs associated with the traffic control for this project. PAY ITEM PAY UNIT Traffic Control Lump Sum Individual traffic control devices, labor required to erect and maintain traffic control in accordance with the approved MHT's, Traffic Control Supervisor, Traffic Control Management, and Traffic Control Inspection will not be measured and paid for separately, but shall be included in the Traffic Control lump sum. SP48 0 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECP CODE NO. 18399 • UTILITIES The followine Utilities are known to be within the oroiect limits Utility/Agency Contact Person Phone Number Xcel Energy (electricity) Doug Dalton (970) 395-1229 Platte River Power Authority Mike Dahl (970) 229-5303 COFC Water & Sewer Roger Buffington (970) 221-6854 COFC Stonnwater Glen Schlueter (970) 224-6065 Contrast Communications Dennis Greenwalt (970) 484-7166 Century Link Terry Speer (970) 490-7500 The work described in these plans and specifications will require full coordination between the Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the utility work can be completed with minimum delays to all parties concerned. In accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep the utility company(s) advised of any work being done to their facility, so that the utility company(s) can coordinate their inspections for final acceptance of the work with the Engineer. The Contractor shall be responsible for protecting, supporting, and if necessary, shoring existing utilities while constructing the trail, pedestrian bridge, and associated work. The Contractor shall submit to the City and the individual utility companies' plans of how the utility lines will be supported and protected during construction. NOTE: The Contractor shall be required to provide written notice to each utility company, with a copy to the • City, immediately prior many utility work expected to be coordinated with construction. The following utility work shall be performed by the Contractor: Storm sewer system modifications 0 SP-49 FEDERAL AID PROJECT' NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the City's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensedjourneyman 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 F/A Minor Contract Revision F/A Erosion Control F/A On the Job Training Estimated Quantity Amount F.A. $80,000 F.A. $10,000 F.A. $0 • 0 SP-50 0 May 5, 2011 1 REVISION OF SECTION 103 ESCROW OF PROPOSAL DOCUMENTATION Section 103 of the Standard Specifications is hereby revised for this project as follows: Add subsection 103.05 as follows: 103.05 Escrow of Proposal Documentation (EPD). The successful bidder, and subcontractors with subcontracts exceeding $200,000, shall submit all information and calculations used to determine their bid for this project prior to executing the Contract. This documentation hereinafter referred to as "Escrow of Proposal Documentation" or "EPD", will be held in escrow for the duration of the Contract. If necessary, it will be used for the purpose of determining the Contractor's proposal concept, for price adjustments as provided in the Contract, or to resolve any dispute or claim by the Contractor. (a) Format. Bidders and subcontractors are encouraged to submit the EPD in their usual cost -estimating format; a standard format is not required. It is not the intention of this specification to cause extra work during the preparation of a proposal, but to ensure that the documentation will be adequate to enable complete understanding and proper interpretation for the intended use. The EPD shall clearly itemize the costs for each pay item. Each pay item shall be broken down into components small enough to allow a detailed cost estimate. Costs allocated to each component shall be broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment parts and supplies, expendable materials, permanent materials, and subcontractor cost as appropriate. Plant and equipment and indirect cost shall be broken down in the bidders usual format. Plant and equipment and indirect cost allocations shall be made to each bid item as appropriate. All costs shall be identified. The EPD shall include quantity takeoffs, construction schedule on which the bid is based, rates of production and progress, calculations, copies and quotes from subcontractors and suppliers, memoranda, narratives, and all other information used by the bidder to arrive at all of the prices contained in the proposal. Manuals standard to the industry that are used by the Contractor may be included by reference to the name, date, and publisher of the manual. (b) Submittal. The EPD shall be submitted to the Engineer in a sealed container, prior to executing the Contract, and shall be clearly marked with the bidders name, date of submittal, project number, and "Escrow of Proposal Documentation." The EPD shall be accompanied with an affidavit, in the form following this subsection, signed by an individual authorized by the bidder to execute the proposal, stating that the material in the EPD contains all of the information which was used to develop the bid, that the individual has personally examined the contents of the EPD container, and the documentation is correct and complete. Failure to submit EPDs as herein required will be cause for rejection of the proposal. The successful bidder agrees, as a condition of award of the Contract, that the EPD constitutes all the assumptions and information used in the preparation of its proposal, and that no other proposal preparation information shall be considered in evaluating disputes or claims. (c) Storage. The EPDs are, and shall remain, the property of the Contractor or subcontractors who prepared them and they are subject to use as provided herein. The EPDs shall be placed in escrow during the life of the Contract, in a banking institution or other bonded document storage facility suggested by the Engineer and acceptable to the Contractor. The cost of storage shall be paid by the Contractor. (d) Examination. The EPDs may be examined at any time deemed necessary by the Engineer or the Contractor, in conjunction with settling disputes, claims, or contract modification orders. When the Engineer or Contractor determine that it will be necessary to review an EPD, the EPD shall be reviewed by the Engineer and either the prime Contractor or the subcontractor that submitted the EPD. If the prime Contractor and the subcontractor agree, in writing, the prime Contractor may be present when the subcontractor's EPD is reviewed. Examination of the EPD is subject to the following conditions: (1) The EPDs are proprietary and confidential and shall be treated as such. (2) The Engineer and the Contractor shall each designate three representatives who are authorized to examine the EPDs. In addition, the Contractor shall designate one additional representative for every EPD submitted by subcontractors. 40 (3) Each party shall designate a representative to receive notice of examination of the EPD. (4) Prior to examining the EPD 24 hours written notice shall be given to the other party, so that the examination can be witnessed by the other party. The notice shall include a list of the bid items or areas of work that will be examined. (5) An authorized representative of the Engineer and the Contractor shall be present (1) to gain access to the EPD, and (2) during all examinations of the EPD. At no time will the EPD be allowed sole possession by either party. (6) Following each examination, the EPD will be resealed and returned to the escrow institution, in the presence of an authorized representative of the Engineer and the Contractor. (a) Subcontracting. If the successful bidder's proposal is based upon subcontracting any part of the work, the successful bidder shall then require each subcontractor whose total subcontract price exceeds $200,000 to provide a separate EPD to the Engineer, to be submitted at the same time as the bidders EPD. The EPDs shall comply with the requirements of this subsection. A separate EPD affidavit, signed by the individual subcontractor, shall accompany the subcontractor's EPD. If the Contractor wishes to subcontract any portion of the work after executing the Contract, or change subcontractors, the Engineer retains the night to require the subcontractor to submit an EPD in accordance with this subsection before the subcontract is approved. (f) Return, The EPDs will be returned to the Contractor and subcontractors after all claims, disputes, and litigation have been resolved, final payment on the Contract has been made and accepted, and the Contractor submits a signed statement that no further claims shall be submitted on any project to which the EPDs are applicable. ESCROW OF PROPOSAL DOCUMENTATION AFFIDAVIT THE UNDERSIGNED HEREBY CERTIFIES THAT THE ESCROW OF PROPOSAL DOCUMENTATION CONTAINED HEREIN CONTAINS ALL OF THE INFORMATION WHICH WAS USED TO DEVELOP THE PROPOSAL AND THAT HAVE PERSONALLY EXAMINED THESE CONTENTS AND THAT THE DOCUMENTATION IS CORRECT AND COMPLETE IN ACCORDANCE WITH SUBSECTION 103.05. SUBMITTAL BY THE CONTRACTOR OF A CLAIM WHICH IS NOT CONSISTENT WITH THE CONTENTS OF THESE PROPOSAL PREPARATION DOCUMENTS SHALL RESULT IN DENIAL OF THE CLAIM. By: Title: Firm: Date of Submission: Project Number: January 30, 2014 • 3 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 (COOT 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 tens "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 COOT 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 parry, further relief shall be allowed. All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the COOT 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 Contractors bid or estimate was realistic. (3) The Contractor's actual costs were reasonable. (4) The Contractor was not responsible for the cost overrun 11 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 Contractors 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: 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. 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 specked issue resolution processes such as those specified in subsections 104,02, 106.05, 108.08(a), and 108.08(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)l2., 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. (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 end 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. 106.23 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. COOT, 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 8 Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by COOT 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 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 ORB shall always have three members. The Contractor and COOT 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 parry (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 parts 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 a 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 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. Orel 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 ORB hearing will be held within 30 days after the ORB agreement is signed by the COOT Chief Engineer. 2. Ensure DRB members have copies of all documents previously prepared by the Contractor and COOT pertaining to the dispute, the ORB request, the Contract documents, and the special provisions at least two weeks before the hearing. (a) Pre -Hearing Submittal: At least fifteen days prior to the hearing, COOT and the Contractor shall submit by e- mail to the DRB Chairperson their parties pre -hearing position paper. The ORB Chairperson shall simultaneously distribute by e-mail the pre -hearing position papers to all parties and other ORB 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 ORB Members and the other party unless the parties have agreed to a common set of documents as discussed in #2 below. In this case, COOT shall submit the common set of documents to the Board and the Contractor. The pre -hearing position paper shall contain the following: 1. Ajoint 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 ORB and the other party at least 20 days prior to the hearing. 2. The basis and justification for the party's position, with reference to specific contract language and other supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the parties may identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project and Standard Special Provisions, if necessary, to the DRB. Other standard COOT documents such as Standard Specifications and M&S Standards are available on the COOT 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 ORB costs. (2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if COOT has ordered an audit and that audit has not been completed. 3. A list of proposed attendees at the hearing. In the event of any disagreement, the ORB 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 ORB 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 • d � § 6 € y g}€ dd ppg i q §a y 0 s C 5 e $ q§ f(( & Y d $$ $ 9 g @ta b u w N $ 6Id Edd e 8 'c 38E P &a gF 6e € y 3 $ �$4�A x ¢8§ xtt �$ b E _ fib.€ :El$ %Bfl 666E 9F2 $ y b {S § i 5. $ydt gig Is e e x p i $ aoF6P ypy r}pF EE 9� z �d €ill -Fade- $j dE dtd # 8• . �dEd db u z x&x :�-°'%5ie9 j$ 9f aR 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 ORB 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 ORB). 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 Hearing. The ORB shall preside over a hearing. The chairperson shall control the hearing and conduct it as follows: 1. An employee of COOT presents a brief description of the project and the status of construction on the project. 2. The party that requested the ORB 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 ORB. 4. Employees of each party are responsible for leading presentations at the ORB hearing. 5. Attorneys shall not participate in the hearing unless the ORB specifically addresses an issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the ORB 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 disclose such intention in the pre -hearing position paper. The experts 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 ORB may retain an outside expert. The ORB chairperson shall include the cost of the outside expert in the DRB's regular invoice. COOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the ORB. 8. Upon completion of their presentations and rebuttals, both parties and the ORB 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 ORB shall hear only those disputes identified in the written request for the ORB 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 ORB 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 ORB 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 ORB may reschedule the hearing one time. On the final date and time established for the hearing, the ORB shall proceed with the hearing using the information that has been submitted. 11. If a party fails to appear at the hearing, the ORB shall proceed as if all parties were in attendance. (g) Dispute Review Board Recommendation. The ORB shall issue a Recommendation in accordance with the following procedures: 1. The ORB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the hearing, the ORB members and the Contractor and COOT 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 ORB 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. (i) Acceptance or Rejection of Recommendation. COOT 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. 0) 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 (1) Filing 19 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 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 hereinafter called the "Dispute Review Board" or"Board". is now enaaaed 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. 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 vears other than servina as a Board member under other contracts. The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and yearfirst written above. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: IMINCIZ14:1:1 105.24 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. 0 • 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. 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. Wthin 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 RTO 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: P A. For a direct claim by the Contractor: KiLY13_CN]Eel :44461liIi4N=IAll 1tlNL'fAle] J Under penalty of law for perjury or falsification, the undersigned, (name) (title) , of (company) hereby certfes 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 E. B. For a pass -through claim: PASS -THROUGH CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) itltle) 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 1 understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /a/ Subscribed and sworn before me this _day of NOTARY PUBLIC My Commission Expires: Dated 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 /s/ Subscribed and sworn before me this _ day of PUBLIC Commission 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: 4 A (1) Actual wages and benefits, including FICA, paid for additional labor (2) Costs for additional bond, insurance and tax (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead . (6) 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 COOT 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 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. (a) 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 parry 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 Contractors 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 apart 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 Engineers 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 Engineers decision. The parties understand and agree that the Contractors 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 Engineers 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 its 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. If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to mark 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. AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH COOT 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 L4 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 Providers representatives as h 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, h shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. (c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confine 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 8��°$ stl�tl �rE N •� giaxa � n n !oE[[e` Wa;g 93333�LLa]aSi]aSSH�S ]9]J]kLSB]]]ddlZ[Y 93Y SFFE p 4g 4 b "S[Gi ui ads ea§ - °$ P9dyipi F� a 8$ s a 99Iml Imi s"s"sS% yet ii , 3 €! III s&fit II €1 € [ &•€11 €lt :$ millaisaesg&11,P11S:F�E�si�a��@aiaas# a� � �� :"x"z"x"x"e"xgggasaaasaea sgae R9agg9 gg:�dd33dd"cc�3B � " ^ r a lag 51 a �l g , g iaa!F? 6 5 ] g a P 5 } a € S C MF e5 O Za �E �3a 4 j=_sssvas..s• dY • U • 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 parry does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-7. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. • (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. (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 inforn the parties of its decision, which decision shall be conclusive. RA. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parts with an arbitrator or a candidate for • arbitrator conceming 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 fortes 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 arbitrabildy of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms Its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference • At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. R-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Exchange of Information (a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: (i) the production of documents and other information; (ii) short depositions, particularly with regard to experts; and/or (iii) the identification of any witnesses to be called. (b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. (c) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. R-15. Date, Time, and Place of Hearing (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. R-18. Oaths Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. • R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20.Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. R-22. Arbitration in the Absence of a Party or Representative 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. COOT 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 COOT. Conformity to legal rules of evidence shall not be necessary. (b) The arbitrators shall not consider any written documents or arguments which have not previously been made a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. • (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client. (a) 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 fled as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules 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 parry. (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. R35. Form of Award • After complete review of the fads 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 conceming the claim; (b) Decisions concerning the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected; (a) Detailed and supportable calculations which support any decisions. R36. 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. • R37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator coned any clerical, typographical, technical or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed. R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either parry may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the parry, 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. R41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of • the party's right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. R42. Administrative Pass 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. R43. 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. R44. 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. R45. 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. R45. Suspension for Nonpayment If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES • F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fad, been given by telephone. F4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon • arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands ofjustice require it. F-B. 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: (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. L4. 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 parry 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; (a) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (I) 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; (1) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and 0) The procedure for the issuance of subpoenas. By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. (b) Parties shall cooperate in the exchange of documents, exhibits and information within such parry's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons • who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. 0 0 0 �!! ■■■;;; ;;;;§§ §;;;E; LU ! ! )||| / ■;;,,. !!; } :All �!!,!,! ■■■;;■ ;;;■■! - m g • ,• 2• t . vt * ! IT L 2 !;■;!_ §:!!;! ,;;§§§ ■;;;;; ■;;;;■ ;;;;§§ ` ! , w §;■;_■ ..,,., °|,| , (a) 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 • L Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 105.22 Project Issue— Verbal discussions between Proj. Eng. and Sept. Impasse Contractor provides written notice of dispute m Project Engineer 15 Days—105.22 (b) Contractor provides written REA including the following: (1) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any 15 Days — 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute I PE denies merit of dispute I Contracmr rejects PE's denial Contractor provides written notice to RE. 7 days—105.22 (d) 7 days—105.22 (c) PE dcomnines dispute has merit * 7 days—105.22 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 — ORB agreement signed 105.23(b) 105.23(a) Proj Eng Dispute is initiates DRB process 5 Days - Iunresolved 20 days-105.23 (d) 105.23 (a) Preheating Submittal DRB Hearing 30 days—105.23 (g) DRB renders a recommendation 10 days — 105.23 (h) Request for Clarification and Reconsideration 14 days—105.23 (i) Either party rejects DRB recommendation I IDRB recommendation is accepted recommendation is accepted Figure 1O5-1 continued on nest page Merit granted — Quanmm negotiatinnS 30 Days— I05.22 (c) Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved Figure 105-1 (continued) Either party rejects DRB recommendation 30 days-105.24 (a) 105.24 Notice of intent to file a claim 60 days — 105.24 (b) Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days-105.24 (d) RTD renders a decision Contractor accepts decision 30 days-105.24 (d) Contractor rejects and appeals RTD decision to CE 15 days 105.24 30 days—105.24 (e) Contractor rejects CE decision I f 60 days - 105.24 (e) Request for hearing d5 Contractor accepts CE decision Optional Mediation Dispute is unresolved Dispute is resolved Contractor initiates Resolution is implemented Binding Arbitration or Litigation (Whichever was selected at Contract execution) Binding Arbitration Litigation Arbitrator(s) render recommendation Court Decision Appeal process only for damages Adjustment of payment/schedule in consultation with Program Engineer - Disoute is resolved I Decision is implemented I Chief Engineer renders decision Decision is implemented 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 Contractors 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 July 31, 2014 REVISION OF SECTION 107 • CONTRACTOR OBTAINED STORMWATER CONSTRUCTION PERMIT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following: (d) Contractor Obtained CDPS-SCP Stormwater Permit . This project is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP). The Contractor shall apply for and obtain the permit upon award of the Contract. The Contractor shall submit a copy of the CDPS-SCP to the Engineer prior to or at the project Pre -construction Conference. If a Utility Company has pulled a permit for the area prior to the Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas over to the Contractor prior to work commencing. The Contractor shall not commence construction until the CDPS-SCP has been obtained from CDPHE and submitted to the Engineer. A copy of the Permit shall be placed in the project SWMP notebook. Prior to final acceptance, a project walk through shall be conducted in accordance with subsection 208.10 (c). The walk through shall take place upon sufficient completion of the project, as determined by the Engineer. Upon receipt of written final acceptance of the water quality work from the Engineer and written concurrence from the Maintenance Superintendent, the Contractor shall transfer the CDPS-SCP to the CDOT Maintenance Superintendent. The transfer forms will only be signed if the project is in an acceptable state as determined by the Maintenance Superintendent and the CDOT Region Water Pollution Control Manager (RWPCM). CDOT will submit the Application of Transfer of Ownership to the CDPHE. Under no circumstances shall the Contractor inactivate the permit. Until the transfer has been completed, the Contractor shall continue to adhere to all permit requirements. Requirements shall include inspections, BMP installation, BMP maintenance and BMP repair, including • seeded areas. All documentation shall be submitted to the Engineer and placed in the SWMP notebook. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work in accordance with subsection 107.02. 0 • • 41 May 2, 2013 REVISION OF SECTION 107 PROJECT PAYROLLS 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. July 31, 2014 REVISION OF SECTION 108 • NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised forthis project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. • July 31, 2014 • REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following: 108.03 Project Schedule. (a) Definitions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g., a 5-day work -week and a 7-day work -week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. • Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start ,orthe earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered Float. Gantt Chart. A time -scaled graphical display of the project's schedule. Lag. A time -value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). Milestone. An activity, with no duration used to represent an event. Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity. Predecessor Activity. An activity that is defined by schedule logic to precede another activity. • Relationship. The interdependence between activities. Salient Feature. An item of work that is of special interest for COOT in coordinating the project schedule but may not affect the overall completion of the project project. 2 REVISION OF SECTION 108 PROJECT SCHEDULE Successor Activity. An activity that is defined by schedule logic to follow another activity. Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed. (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre - construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression of all activities required to complete the work. • The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no -work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days • unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start -to -finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start -to - start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish4o-start or a finish -to -finish relationship. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. 0 REVISION OF SECTION 108 • PROJECT SCHEDULE Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1) Approved, no exceptions taken; (2) Approved -as -Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time -scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. • (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activity Descrl tlon Earix start date Early finish date Actual Start date" Actual Finish date" Remalmn Duration" Duration Percent Complete" 'Required with the Preliminary and Baseline Schedule. "Re wired w@h the Pro act Schedule Update and Schedule Revision. The Contractor shall include the following with all schedule submittals: (i) A Job Progress Narrative Report that includes the following: (ii) A description of the work performed since the previous month's schedule update. (iii) A description of problems encountered or anticipated since the previous month's schedule submission. (iv) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or • anticipated. !. !■;;;;;; �)��} 0 : ` a §) | �\ ■■;;;:;_ j ) .!l { \!!, • \ E ;■_;_;:/ .. T V W . m ` ,\' & � \ �\ !� •�, ZEN §§§ ` §�§ �,;`r • , ;;;;;§�| ■t;;;; } ■l;;;" ■;;;;; ! 0z • § . :,, } •�� ; 0 0 � 4 REVISION OF SECTION 108 PROJECT SCHEDULE • (v) The status of all pending items that could affect the schedule. (vi) Explanations for milestones forecasted to occur late. (vii) Scheduled completion date status and any change from the previous month's submission. (viii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. (ix) Schedule Delays: 1. A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2. Delay type with reference to the relevant specification subsection. 3. Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5. Identification of the actions needed to avoid a potential or mitigate an actual delay. 6. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. (x) A list of all added and deleted activities along with an explanation for the change. (xi) All logic and duration changes along with an explanation for the change. (xii) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (xiii) An Early Start report listing all activities, sorted by actual startlearly start date. (xiv) A Float report listing all activities sorted in ascending order of available float. (xv) A Critical Path report listing all activities not yet complete with the percent complete, sorted by goat and then by early start. (xvi) A listing of all non -work days. • For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the GPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision. The title bar shall include the COOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date. (d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. (a) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved. When approved, the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the • Baseline Schedule. 5 REVISION OF SECTION 108 • PROJECT SCHEDULE If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (I) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement: (1) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. (g) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. • When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update, The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows the Contractors and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for reports do not apply to the Weekly Planning Schedule. (i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: (1) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition, deletion, or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; 40 (6) If the Engineer determines that the schedule does not reflect the actual work. 6 REVISION OF SECTION 108 PROJECT SCHEDULE This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved, the Schedule Revision becomes the Project Schedule. Q) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. \J • 0 January 31, 2013 • REVISION 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, COOT 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 veri0ed 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. 40 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. Ll 0 • • 0 February 3, 2011 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(1 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 CRIS Average taken from the OPTS Standard Rack table for Ultra -Low Sultur wA-ubricify 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 Pa Unit Fuel Factor FF 202-Removal of Asphalt Mat (Planing) .., 06 Gal/SY/IOch depth 203-Excavation (muck, unclassified) Embankment, Cubic Yard 0 29 Gal/CY Borrow 203-Rock Excavation 0.39 Gal/CY , 206-Structure Excavation and Backfill [applies only Cubic Yard 0.29 Gal/CY to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP CIP '304-A9gregate Base Cour5 i -: _ 0.85 Gal/CY 304-Aggregate Base Course (Class Ton. 0.47 GaUTon 307-Processing Lime Treated:,.. _ 0.12 Gali 310-Full Depth Reclamation Sousse Yard 0.06 Gal/SY '403-Hot Mix Asphalt (HMA) (Grading(Gradingn 2.47 Gal/Ton 403-Stone Matrix Asphalt (Grading Ton 2.47 Gal/Ton 405-Heating and Scarifying Treami M,re Yard 0.44 Gall 405-Heating and Repaving Treatment Square Yard 0,44 Gal/SY -. _ AOS�e@hng and'��Reml c>;ng Treatment J4 ._ - gdare Yard .. 0.44 Gal/SY - 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth _ S uar `Lard O,o3!Ga SY a 412-Place Concrete Pavement*` I Square Yard 1 0.03 Gal/SY/Inch thickness February 3, 2011 2 .REVISION OF SECTION 108 FUEL COST ADJUSTMENT B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: FA = (EP —1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where. BP = Average fuel price index for the calendar month prior to the calendar month in which bids are opened EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate pay period ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q = Pay quantity for the pay 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 cutoff date selected by the Contractor at the Pre - Construction Conference of the 20' of the month a February estimate will include HMA quantities (Q) measured from the 21" of January through the 20'a of February, the FF will be 2.47 Gail 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 COOT. E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned • force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. February 3, 2011 •45 REVISION OFF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17' paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the Project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (6) 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. Llu 0 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 (a) 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. • 0 July 19, 2012 47 • REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 206, 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: 1. 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 (314 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. 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 (314 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 t 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. 0 0 0 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 t 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 t 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 other 23. The maximum dry density and OMC for all materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at t 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. l J January 30, 2014 REVISION OF SECTION 206 STRUCTURE BACKFILL AT BRIDGE ABUTMENTS Section 206 of the Standard Specifications is hereby revised for this project as follows: In subsection 206.02 (a), delete the first sentence of the second paragraph and replace with the following: Structure backfill (Class 1) with mechanical reinforcement shall be used to backfill bridge abutments, unless otherwise shown on the Plans. When structure backfill (flow -fill) is called for, it shall meet the following requirements. l0 April 26, 2012 50 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 Back ill. Class 1 and Class 2 structure backfill shall be composed of non -organic mineral aggregates and soil from excavations, barrow 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= W"x 104 xC" 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''" 703,01 Coarse Aggregate''' 703.02 Portland Cement 701.01 Fly Ash''" 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. 3 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. ' Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. " 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 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 backfll (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 26.0 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 backfll (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 backfll (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 backfll (Flow -Fill) for slump in accordance with ASTM C143 or flow consistency according to ASTM 06103. 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 Backfll (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. 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 30-00 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 (318 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 318 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 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. 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 January 31, 2013 54 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Pre -gelatinized 100 percent natural corn starch polymer: All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifter, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: L-A 0 • Properties Requirement Test Method Cross linked Tacki!fiers 10%+/- 2% Min. Application The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre -packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. • Mulch Blanket (Type 2) shall meet the following requirements: Test Method The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Requitnmeat ChaW Density > 25% (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non -toxic thermally processed or refined long strand organic fibers and water soluble tackifer to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Test Method 10 too ASTM 5338 Cure Time (hours) 24-48 Application The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspmy at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs./Acre 3001bs./Acre 2000 gal./Acre In subsection 213,03, delete (f) and replace with the following (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). • Hydromulching vessel shall be filled with water to at least 113 capacity (high enough to cover agitators) poor to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at''/, speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tacker, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. • In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded Ober matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. • 0 Fort of Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 6006: Poudre Trail at Mulberry & Lemay OPENING DATE: 3:00 PM (Our Clock) October 15, 2014 Financial Services Purchasing Divlslon 215 N. Mason St. rd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970 221 6707 Icgov.conUpurchasing 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 — CDOT Construction Drawings 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. ►0 J J gg ixaaxxz ax zxxaaas � e � i � $ 39g 6� � '•" � w` i E G It a$ N n p� mmmmmsmsm:eer:z S �� s`g i < i i 11A .� Emig I _y 3 S 9 W gp„g tl ¢ a s m pz e y y �qB 4yT3g3Ga$�6 C • 2e �y e- g t y ai a [$$as 3 mH ! ma 1.3 2s•a'§<•ize §a g o ��0�0■ • i July 19, 2012 REVISION OF SECTION 260 • 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 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 A3 (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 Kenaf AASHTO M 182 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curinq 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. 11 February 3, 2011 REVISION OF SECTION 412 • PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412.12(a) and replace it with the following: (a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. • 0 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. lJ 0 February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (5) Timing of hand finishing operations (6) Methodology to place and transport concrete (7) Equipment and tools to be utilized (8) 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 July 28, 2011 • 63 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 fortes 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. Fortes 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 0.80fc. 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. In subsection 601.11, delete (a) and replace with the following: (a) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80fc. 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 0.80fc. 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 0.80fc. 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. Is July 29, 2011 • 1 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: 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 Below Below Specified Pay Specified Strength (psi) Factor Strength (psi) nt) I <4500 psi (Percent) I >_ 4500 psi Concrete Concrete1-100 JSpified iFactor 101-200 96 101-200 201-i00 301-400 84 301-400 401-500 t Over 500 Re'ect 65 50I-600 601-700 �42 701-900 29 801-900 15 901-1000 Reject Over 1000 May 2, 2013 REVISION OF SECTION 601 • DEPOSITING CONCRETE UNDER WATER Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.12, delete (0 and replace with the following: (f) Depositing Concrete Under Wafer. Concrete, except for cofferdam seals, shall not be deposited under water, unless approved by the Engineer. If approved, care shall be exercised to prevent the formation of laitance. Concrete shall not be deposited until all laitance, which may have formed on concrete previously placed, has been removed. Pumping shall be discontinued while depositing foundation concrete if it results in a flow of water inside the forms. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a concrete pump and tremie. The discharge or bottom end of the tremie shall be lowered to contact the foundation at the start of the concrete placement and shall be raised during the placement at a rate which will insure that the bottom or discharge end of the tremie is continuously embedded or buried in fresh concrete a minimum of 12 inches. Air and water shall be excluded from the tremie pipe by keeping the pipe continuously filled. The continuity of the placement operation shall be maintained without breaking the seal between the concrete mass and the discharge end of the tremie until the lit is completed. The concrete placement shall not be disturbed after it has been deposited. • 7 May 2, 2013 . REVISION OF SECTION 601 FIBER -REINFORCED CONCRETE Section 601of the Standard Specifications is hereby revised for this project as follows: Subsection 601.03 shall include the following: Where Fiber -Reinforced Concrete is specified or designated in the plans, the concrete mix shall include approved polyolefin fibers. Unless otherwise specified, a minimum of 3.5 pounds per cubic yard of polyolefin fiber reinforcement shall be evenly distributed into the mix. Mixing shall be as recommended by the manufacturer such that the fibers do not ball up. Polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM D7508. Where Macro Fiber -Reinforced Concrete is specified or designated in the plans, the concrete mix shall include approved macro polyolefin fibers. Unless otherwise specified, a minimum of 4.0 pounds per cubic yard of macro polyolefn fiber reinforcement shall be evenly distributed into the mix. Macro Fiber -Reinforced Concrete shall have a residual strength of 170 psi as determined by ASTM C1609. Mixing shall be as recommended by the manufacturer such that the fibers do not ball up. Macro polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM D7508 with the following exceptions: (1) Tensile strength shall be a minimum of 65 ksi (2) Modulus of Elasticity shall be a minimum of 1,000 ksi (3) Cut length shall be 1.5 to 2.2 inches (4) Aspect Ratio shall be 50 to 100 Subsection 601.05 shall include the following: • When Fiber -Reinforced Concrete is specified in the Contract, polyolefn fibers may be added to an approved mix design except when Macro Fiber -Reinforced Concrete is specified. If Macro Fiber -Reinforced Concrete is specified a new trial mix will be required. When polyolefin fibers are added to an approved concrete mix design, the Contractor shall submit a letter stamped by the Concrete Design Engineer approving the changes. The stamped letter shall include the following and will be approved by the Engineer prior to use: (1) The mix design number, both the CDOT mix ID number and the suppliers mix ID number (2) The brand and type of polyolefin fibers. (3) The dosage of polyolefin fibers in pounds per cubic yard. (4) Adjustment to the fine aggregate batch weight Subsection 601.06 shall include the following: (18) Weight of polyolefin fiber reinforcement Subsection 601.19 shall include the following: Polyolefin fiber reinforcement will not be measured and paid for separately, but shall be included in the work. I! 0 _—r At I I - / I < 8A J e3 W r CIO € May 8, 2014 1 .REVISION OF SECTION 601 QC TESTING REQUIREMENTS FOR STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the first paragraph of subsection 601A7 and subsection 601.17(a) and replace with the following: 601.17 Acceptance and Pay Factors. These provisions apply to all concrete. The Contractor shall sample 601 pay items for both OC and QA in accordance with CP 61. The Engineer will witness the sampling and take possession of the QA samples at a mutually agreed upon location. The Contractor shall be responsible for Quality Control (QC) testing for 601 pay items. QC testing shall be performed at least once per day and then once per 50 cubic yards for concrete slump, unit weight and concrete temperature for each 601 pay item. (a) Air Content. The first three batches at the beginning of each day's production for each 601 pay item shall be tested by the Contractor's QC and CDOT's QA for air content. When the OC and QA air content measurements differ by more than 0.5 percent, both the QC and QA air meters shall be checked in accordance with ASTM C 231. When air content is below the specified limit, it may be adjusted in accordance with subsection 601.08. Successive batches shall be tested by the Contractor's QC and witnessed by the Engineer until three consecutive batches are within specified limits. After the first three batches, COOT will follow the random minimum testing schedule. After the first three batches the Contractor shall perform QC testing at a frequency of one random sample per 50 cubic yards. Air content shall not be adjusted after a CDOT QA test. Subsection 501.19 shall include the following: The Contractor's QC testing will not be measured and paid separately, but shall be included in the work. • 0 April 26, 2012 • 69 REVISION OF SECTIONS 603,624 AND 705 DRAINAGE PIPE Sections 603, 624 and 705 of the Standard Specifications are hereby revised for this project as follows: Subsection 603.07 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Subsection 603.07(c) shall include the following: Watertight joint systems for plastic pipe shall conform to subsection 705.03. In subsection 624.02 delete the third paragraph and replace it with the following: Connecting bands shall receive the same corrosion protection as the pipe with which they are used. Coatings conforming to the requirements of Sections 706 and 707 will be permitted as applicable. Connecting bands and pipe extensions shall be of similar metal, or of non-metallic material, to avoid galvanic corrosion. End sections for concrete or metal pipe shall be the same material as the pipe and meet the requirements for the same class as that specified for the pipe in accordance with Table 624-1. Plastic end sections shall not be used. When plastic pipe is to be installed with end sections, steel or concrete end sections meeting the same class as that specified for the pipe in accordance with Table 624-1 shall be used. • In subsection 624.02 delete the fourth paragraph and replace it with the following: Is The Contractor may furnish any pipe material allowed in Table 624-1 for the class of pipe specified in the Contract except for storm drains. The Contractor may furnish RCP or PVC allowed in Table 624-1 for the class of pipe specified in the Contract for storm drains. The Contractor shall state at the preconstruction conference the pipe materials intended to be furnished. In subsection 624.02 delete Table 624-1 and replace it with the following: TABLE 624-1 Materials Allowed for Class of Pipe Material Class of Pipe" Allowed"' 0 1 2 3 4 5 W 7 8 9 le CSP Y N. N N N N N 'N N IN N Bit. Co. CSP Y Y N N N N N N N N N A.F. So. CSP Y Y Y Y Y Y Y N N N N CAP Y V Y Y' Y Y N N N N N PCSP - both sides Y Y Y Y N N N N N N N PVC Y Y Y Y Y Y Y Y Y Y Y PE Y Y Y Y Y Y Y Y Y Y Y RCP (SP0) Y Y N I IN IN N N Y N N N RCP (SP1)' Y Y Y N N N N Y Y N N RCP (SP2) Y Y Y Y Y N N Y Y Y N RCP(SP3)' Y I Y Y Y Y Y Y Y Y Y Y As determined by the Department in accordance with the CDOT Pipe Selection Guide. Determination is based on abrasion and corrosion resistance. Y=Yes, N-No ,S Coated Steel Structural Plate Pipe of equal or greater diameter, canto ` 10,r may be substituted for Bit Co. CSP at no additional_ l cost to the p Aluminum Alloy Structural Plate Pipe of equal or greater diameter conforming to Section 510, may be substituted for CAP at no additional cost to the project. I" S - Class of Sulfate P78feM' required in accord2db'' fPt"subsection , . _. revised for this project. RCP shall be manufactured using the cementitious material wired to meeIfh_.;S@. P,clas ecifed. For pipe classes 6 and 10, the RCP shall be coated in accordance with subsection 706.07 when the pH of either the soil or water is less than 5. The Contract will specify when RCP is to be coated. :Concrete shall have a compressive strength of 4500 psi or greater. Subsection 624.03 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Watertight joint systems for plastic pipe shall conform to subsection 705.03. Subsection 705.03 shall include the following: Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212. • 0 July 28, 2011 • REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T O6. • 0 February 3, 2011 REVISION OF SECTION 712 • WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. • I • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY • 0 February 3, 2011 A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the 'Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice 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, Castilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Mi uel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice......................................................................................................................6.9 % -- Statewide February 3, 2011 2 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractors 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 poets 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. 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. 9 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; 00 Black(all persons having origins in any oMe Black Afiicanrecial groups notofHlspanic 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. 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 Contractors 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 resuted 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 101 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 undone 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 Contractors 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 Contractors 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 coemion 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 Contractors 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. I. 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 I 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 Contractors EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 9 February 3, 2011 5 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractors 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 Contractors 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 Contractors obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. • 0 q )! ! � ` A � 0 0 0 February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS • EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246. as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 0 February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following . statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, end/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The • meetings will be conducted by the EEO Officer or other knowledgeable company official. 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 antl 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 Contractors work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. • c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. B. 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 contractors association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an 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. n U February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY • 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. • • -83- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-24-14 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER-00140024 Decision Nos. C0140024 dated January 03, 2014 supersedes Decision Nos. C0130024 dated January 04, 2013. Modifications ID MOD Number BtL Niu, Niiinkon I 01/e4n4 I I 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. C0140024 applies to the following counties: Lorimer, Mesa, and Weld counties. General Decision No. C0140024 The wage and fringe benefits listed below reflect collectively bargained rates. Cod e Classification BASIC Hourly Rate Fringe Benefits Last Mad POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.73 9.15 1 1715 Watson 2500 similar or larger 25.04 9.15 1 Oiler 1716 Weld 24.88 9.15 1 General Decision No. C0140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 534 Form Work Only 1718 Lorimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Lorimer 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 Wcld 25.84 6.66 General Decision No. C0140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. CO e Classification Basic Rate Fringe Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimeq Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Latimer 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 Latimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Lorimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 19.58 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 16.29 425 Pipelayer 1740 Latimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flogger) 9.55 3.05 • • 0 • 0 General Decision No. CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic Hourly Fringe Benefits Last Mod LABORER (can't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Lorimer, Weld 12.43 3.22 1744 j 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 Lorimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.98 6.80 1752 Mesa, Weld 23.66 7.36 Backhoe(Fraekhoe 1753 Larimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 633 Bobcat/Skid Loader 1756 Lorimer 17.13 4.46 1757 Mesa, Weld 15.37 4.29 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Lorimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 General Decision No. COI 40024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Bas�Ratenrly Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (can't): Bulldozer 1762 Latimer, Weld 22.05 6.23 1763 Mesa 22.67 9.72 1764 Crane 26.75 6.16 Drill 1765 Latimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Latimer 24.92 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardmil/Post Driver 16.07 4.41 1772 Leader (Front End) 1773 Lorimer 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 Latimer 24A6 8.35 1790 Mesa 23.93 9.22 Roller/Compactor (Dirt and Crude Compaction) 1781 Latimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 • is 0 • 0 General Decision No. C0140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR Rotomill 1783 Latimer 18.59 4AI 1784 Weld 16.22 4.41 Scraper 1785 Lorimer 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Lorimer 27.20 552 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Lorimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Lorimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 527 Dump Truck 1798 Lorimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 1 Weld 15.27 5.27 10 General Decision No. CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod a Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't): Lowboy Track 1801 Larimer 18.96 5.30 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26A8 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 I808 Truck Mounted Aaenuator 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)(l)(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. • 0 WAGE DETERNDNATION APPEALS PROCESS I.) Has there been an initial decision in the matter? This can be: " an existing published wage determination " a survey underlying a wage determination " a Wage and Hour Division letter setting forth a position on a wage determination matter ' aconformance (additional classification and rate) rating On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: • Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry'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. C0140024 0 December 26, 2013 90 ' DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 1. Overview The Disadvantaged Business Enterprise (DBE) Program is a federally -mandated program that seeks to ensure non-discrimination in the award of U.S. Department of Transportation (DOT) -assisted contracts and to create a level playing field on which DBEs can compete fairly for DOT -assisted contracts. To such end, CDOT sets a contract goal for DBE participation for each DOT -assisted Contract. In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to meet the goal or has otherwise made good faith efforts to do so. COOT will amend the goal prior to award if the lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the goal could not be obtained. COOT will monitor the progress of the Contractor throughout the project to ensure that the Contractors DBE commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. COOT may withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of this special provision. Upon completion of the Contract, COOT may reduce the final payment to the Contractor if the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal. For general assistance regarding the DBE program and compliance, contact CDOT's Civil Rights and Business Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer. All forms referenced herein can be found on the COOT website in the forms library: http://www.coloradodot.info/libmrytfo"s/cdot-fons-by-number 2. Contract Assurance By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it verbatim in all (including non -DBE) subcontracts: The contractor, subrecipient 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 CDOT deems appropriate. 3. Definitions Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and Bridge Construction. A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area, designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT. B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing and supervising the work as further described in Section 8 below. C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation. The contract goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise Contract Goal. (1) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE participation. For determining whether the contract goal was met prior to award, the contract goal shall be based upon the proposal amount excluding force account items. For determining whether the contract goal was met during and upon completion of the project, the contract goal shall be based upon the total earnings amount. (2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but made good faith efforts to do so, the contract goal will be amended and the revised contract goal will be provided on Form 1417, Approved DBE Participation Plan, D. Disadvantaged Business Enterprise (DBE). A Colorado -certified Disadvantaged Business Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.org. E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT's policies and procedures for administering the DBE program. A copy of the DBE Program Manual is available on the CRBRC webpage. F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in Section 4 below. G. Good Faith Efforts. All necessary and reasonable steps to achieve the contract goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A. H. Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE fin and a material supplier or other third party for materials or services to be incorporated into the work. I. Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction • constitutes a partial termination. J. Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of the Contract. For purposes of this special provision, the term subcontractor includes suppliers. K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the contract as a result of a reduction or termination. L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a commitment. M. Total Earnings Amount. Amount of the Contract earned by the Contractor, including approved changes and approved force account work performed, but not including any deductions for liquidated damages, price reduced material, work time violations, overweight loads or liens. The amount of the Contract earned does not include plan force account items (i.e. OJT, pavement incentives, etc). N. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm's profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on whether a work code covers the work to be performed. 0 4. Eligible Participation The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation on the Contract: A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed to be included in the work area and work code identified by the Contractor in the approved commitment. (1) If the Contractor intends to use a DBE for work that was not listed in the commitment, the Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the modification. Unapproved work will not count toward the contract goal. (2) A DBE commitment cannot be modified to include work for which the DBE was not certified at the time of the approval of the original commitment. B. DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon submission of the commitment and upon execution of the DBE's subcontract. (1) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit, CDOT determines that the DBE is no longer certified in the work code which covers the work to be performed, the Contractor may not use the DBE's participation toward the contract goal. The Contractor shall terminate the DBE commitment and seek substitute DBE participation in accordance with Section 9 below. (2) A DBE's work will continue to count as eligible participation if the DBE was certified upon approval of Form 205 or 205B, Sublet Permit and the certification status changes during the performance of the work. (3) Suppliers must be certified upon execution of the purchase order. C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with its own forces. (1) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE for its work on the Contract, including any equipment leased by the DBE, provided that such supplies or equipment are not purchased or leased from the Contractor or a subcontractor that is subletting to the DBE. (2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by such DBE shall count toward the contract goal. D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by non -DBE subcontractors, including non -DBE trucking firms and owner -operators, shall be deducted from the DBE's participation. E. DBE Received Payment for the Work Eligible participation only includes work for which the DBE has received payment, including the release of its retainage. F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE maybe classified as a manufacturer, dealer or broker. The DBE's status as a manufacturer, dealer or broker is determined on a contract -by -contract basis and is based upon the actual work performed. (1) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the commitment will count as eligible participation. (2) When a DBE is deemed to be acting as a regular dealer (i.e. non -manufacturer supplier), only • sixty percent of the commitment will count as eligible participation. (3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will count as eligible participation. G. Reasonable Fee for Contract -Specific Services. Services shall count toward the contract goal only if they are specifically required for the performance of the Contract. Non -contract specific expenses may not be • counted toward the contract goal. Fees for services must be reasonable. Services include but are not limited to professional services, public involvement, etc. In the case of temporary employment placement agencies, only the placement fee for an individual to be specifically and exclusively used for work on the contract shall count as eligible participation. H. Pre -Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE must apply to CDOT to determine how much of the work performed by the joint venture will count toward the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days before the submission of the Proposal to ensure sufficient time for review. S. Proposal Requirements In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via email to clot he d1beforns0state.co. us by the proposal submission deadline. In order to avoid an error within the electronic bidding system, electronic bidders shall also enter the total percentage of anticipated eligible DBE participation into the Form 714 and electronically sign the form. A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non -DBE subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form 1413 will result in rejection of the proposal. B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall submit Form 1414 to document anticipated DBE participation. (1) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed Form 1414 shall result in rejection of the proposal. • (2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible participation for each commitment. Once Forth 1414 is submitted, a commitment may only be terminated or reduced in accordance with Section 9 below. The bidder is responsible for ensuring that commitments, and the estimated eligible participation resulting therefrom, have been properly calculated prior to submitting its proposal. (3) If the bidder is a DBE, the bidder must include itself in Forth 1414 and list the work area(s) and amount that it intends to self -perform and count as eligible participation on the contract. (4) Commitments may be made to second tier or lower DBE subcontractors; however, the Contractor is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415, Commitment Confirmation. 6. Additional Forms Due Prior to Award. If the contract goal is greater than zero, or tithe bidder has voluntarily made commitments, the Bidder shall submit the following forms within five calendar days of selection as the lowest apparent bidder: A. Form 1415, Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Forth 1414. The bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT. The bidder shall contact COOT if any issues arise which may require the bidder to alter or terminate a commitment. B. Form 1416, Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet the contract goal, the lowest apparent bidder shall also submit Forth 1416, Good Faith Effort Report and any supporting documentation that the bidder would like considered by COOT as evidence of good faith efforts. 7. Commitment and Good Faith Effort Review A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the commitment is valid and has been properly calculated. COOT may investigate or request additional information in order to confine the accuracy of a commitment. If COOT determines that the total • estimated eligible participation of the commitments does not meet the contract goal, within two business days of notice from COOT or within the original five calendar day deadline, whichever is later, the bidder shall submit Form 1416 to COOT. B. Good Faith Effort Review. If the total eligible participation of Fore 1414 and all supporting Form 1415s does not meet the contract goal, COOT will review Form 1416 and all supporting documentation submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to obtain DBE participation. COOT will use 49 CFR Part 26, Appendix A as a guide for determining whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified and the bidder cannot establish a reasonable basis for its determination. COOT may consider and approve commitments made after submission of the bid if the Bidder demonstrates that (1) good faith efforts were made prior to submission of the bid and (2) there is a reasonable justification for not obtaining the commitments prior to submission of the bid. C. Administrative Reconsideration. If COOT determines that the bidder did not demonstrate good faith efforts to meet the contract goal, d will provide the bidder with written notice of its determination and an opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal Process, which is an Appendix I to the DBE Program Manual. A copy of the Good Faith Effort Appeal Process will be included in the written notice from COOT. D. Form 1417, Approved DBE Participation Plan, If COOT determines that the bidder has met the contract goal or made good faith efforts to do so, COOT will issue Form 1417, Approved DBE Participation Plan, documenting the approved commitments. If COOT determines that the bidder did not meet the contract goal but made good faith efforts to do so, via the Form 1417 COOT will amend the contract goal in accordance with the commitments that were obtained and attach an explanation of its determination. 8. Ongoing Oversight of DBE Participation A. Consistency Review. COOT will review Form 205 or 205B, Sublet Permit Application to determine whether the work being sublet is consistent with the DBE commitments. COOT may withhold approval of the sublet or stop performance of the work if the Contractor has reduced, terminated, or otherwise modified the type or amount of work to be performed by a DBE without seeking prior approval. B. Form 1419, DBE Participation Report, The Contractor shall submit Forth 1419, DBE Participation Report to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion of the Contract. COOT may withhold progress payments if the quarterly Forth 1419 is not received on time. COOT will not provide final payment on the Contract in accordance with subsection 109.09 of CDOT's Standard Specifications for Road and Bridge Construction until the final Form 1419 has been reviewed and approved. C. Joint Checks. All joint checks must be approved by COOT before they are used in payment to a DBE. Joint checks used in payments to DBEs will be monitored closely to ensure (1) the DBE is performing a CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the reason for the joint checks and the approximate number of checks that will be needed. D. Commercially Useful Function. COOT will monitor performance during the Contract to ensure each DBE is performing a CUF. It COOT determines that a DBE is not performing a CUF, no work performed by such DBE shall count as eligible participation. The DBE, Contractor, and any other involved third parties may also be subject to additional enforcement actions. (1) When determining whether a DBE is performing a CUF, COOT will consider the amount of work subcontracted, industry practices, the amount the firth is to be paid compared to the work performed and eligible participation claimed, and any other relevant factors. (2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE must be responsible for negotiating price, determining quality and quantity, ordering the material, installing the material, if applicable, and paying for the material itself. (3) With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and operate at least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE • trucking fine must be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. (4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of DBE participation. CDOT will evaluate similar transactions involving non -DBEs in order to determine whether a DBE is an extra participant. (5) 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 than would be expected on the basis of normal industry practice for the type of work involved, COOT will presume that the DBE is not performing a CUF. The DBE may present evidence to rebut this presumption. (6) If the Contractor disagrees with CDOT's determination regarding CUF, in accordance with 49 CFR 26.55 the Contractor may seek review of the determination by the applicable USDOT operating administration, however, CUF determination is not subject to administrative appeal. 9. DBE Participation Plan Modifications A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all requests for termination, reduction, substitution, and waivers to CDOT. One Forth 1420 may include multiple requests and must be submitted at the time of the occurrence or, K that is not possible, within a reasonable time of the occurrence requiring termination, reduction, substitution or waiver. B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without CDOT's approval. Terminations and reductions include, but are not limited to, instances in which a • Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those of an affiliate, a non -DBE firth or with another DBE firm. In order to receive approval, the Contractor shall: (1) Have good cause for termination or reduction. Good cause may include: (i) the DBE fails or refuses to execute a written contract; (ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry standards, provided that such failure is not the result of bad faith or discriminatory actions of the Contractor or one of its subcontractors; (iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements; (Iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) the DBE is ineligible to work because of suspension or debarment proceedings or other state law; (vi) the DBE is not a responsible contractor; (vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT, (viii) the DBE is ineligible to receive DBE credit for the work required; (ix) the DBE owner dies or becomes disabled and is unable to complete the work; (x) the DBE ceases business operations or otherwise dissolves; (xi) or other documented good cause that compels termination. Good cause does not exist if the Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor can self -perform the work for which the DBE was engaged or so that the Contractor can substitute another DBE or non -DBE contractor after contract award. (2) Provide the DBE notice of the Contractors intent to terminate or reduce the commitment and the • reason for such termination or reduction, with a copy to COOT; (3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and inform COOT and the Contractor of the reasons, if any, why it objects to the proposed termination or reduction and any reasons that it shall not be approved. The Contractor is not required to provide the five calendar days written notice in cases where the DBE in question has provided written notice that it is withdrawing from the subcontract or purchase order. The notice period may be reduced by COOT it required by public necessity. (4) Following the notice period, if the Contractor decides to proceed, submit Forth 1420 requesting approval of the termination or reduction. (5) When a commitment is terminated or reduced (including when a DBE withdraws), make good faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the participation that was terminated or reduced up to the contract goal. C. Contract Changes. In the event of a contract change: (1) If COOT eliminates or reduces work committed to a DBE, such change shall be considered good cause for termination or reduction in accordance with Section 9.B above. The Contractor shall follow the processes outlined in Section 93 but is not required to substitute. If the change reduces the Contractors DBE participation to below the contract goal, the Contractor shall indicate so on a Form 1420 and request a waiver of the unmet participation. (2) If COOT issues a change which increases or adds new work items, the Contractor shall ensure . that it has obtained sufficient DBE participation to meet the Contract Goal, or has made good faith efforts to do so. D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved termination or reduction or a change to the Contract, the Contractor shall: (1) Increase the participation of a DBE for any work items previously identified in an approved commitment without seeking COOT approval; provided, however, that at its discretion, COOT may request a Forth 1420 documenting such additional participation; or (2) If the Contractor needs to add new work to a commitment or obtain additional participation from a DBE that is not already participating on the contract pursuant to an approved commitment, submit a Form 1420 and Form 1415 requesting approval of the additional participation; or (3) If the Contractor determines that additional DBE participation cannot be obtained, submit a Form 1420 requesting waiver of the participation. The Contractor shall include its justification for not obtaining additional participation and, at its discretion, COOT may require additional information regarding the efforts of the Contractor. 10. Payment Reduction The Contractors retainage will not be released until COOT has determined whether the Contractor will be subject to a payment reduction. Payment reductions will be calculated as follows: A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will be subject to a payment reduction for any termination or reduction which was not approved via a Form 1420. B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal, the Contractor will be subject to a payment reduction for the portion of the contract goal that was not met and was not waived via an approved Form 1420. C. Duplication. The contractor will not be subject to duplicate reduction for the same offense. D. Adjustments. COOT may adjust the payment reduction wherein the Contractor demonstrates that its failure to obtain DBE participation was due to circumstances outside of its control. 11. Other Enforcement A. Investigations. As it determines necessary, COOT may conduct reviews or investigations of participants. All participants, including, but not limited to, DBE firms and applicants for DBE certification, complainants, and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with compliance reviews, certification reviews, investigations, and other requests for information. B. Intimidation and retaliation. Participants shall not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the DBE program. C. Consequences of Non -Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future contracts and/or suspension and debarment). • D. Fraud and Misrepresentation. If COOT determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by CDOT to be unallowable, or if the Contractor engages in repeated violations, falsification or misrepresentation, COOT may: (1) refuse to count any fraudulent or misrepresented DBE participation; (2) withhold progress payments to the Contractor commensurate with the violation; (3) suspend or reduce the Contractor's prequalification status; (4) refer the matter to the Office of Inspector General of the US Department of Transportation for investigation; or (5) seek any other available contractual remedy. 0 0 0 0 �C.O((Ins North College Corridor Improvements —Conifer to Willox Project Special Provisions FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS July 14, 2014 Page I. General......................................................................................................................1 II. Nondiscrimination.........................................................................................................1 III. Nonsegrated Facilities...............................................................................................3 IV. Payment of Predetermined Minimum Wage...................................................................... 3 V. Statements and Payrolls............................................................................................6 VI. Record of Materials, Supplies, and Labor..........................................................................6 VII. GeneralSubletting or Assigning the Contract.....................................................................7 VIII. Safety: Accident Prevention....................................................................................... 7 IX. False Statements Concerning Highway Projects..............................................................7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ............................ 8 XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion................8 Mi. Certification Regarding Use of Contract Funds for Lobbying.................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as othemise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi- sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this 217 0 Ll • Page 196 °�Fy °(IDS North College Corridor Improvements —Conifer to Willox July 14, 2014 �-� % Project Special Provisions • clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. It. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 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 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at seo.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this . contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on4he-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, super- vise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO 218 Page 197 `ftytCoUlns NorthCollegeCorridorImprovements-ConifertoWillox July 14,2014 Project Special Provisions policy and its implementation will be reviewed and explained. The meetings will be conducted by the • EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group • applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and 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 330 Cl Page 198 R�CAjlins North College Corridor Improvements —Conifer to Willox July 14, 2014 Project Special Provisions . 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 contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such 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. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance 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. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, 331 Page 199 ° Oft Collins North College Corridor Improvements —Conifer to Willox July 14, 2014 Project Special Provisions through independent recruitment efforts, fill the employment vacancies without regard to race, color, . religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. • 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. . 333 Page 200 rt"Collins North College Corridor Improvements —Comfer to Willox luly14,2014 Project Special Provisions III. NONSEGREGATED FACILITIES • (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transpor- tation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE . (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 0 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and 334 Page 201 aryof FONorth College Corridor Improvements —Conifer to Willox July 14, 2014 rt�s Project Special Provisions fringe benefits on the wage determination for the classification of work actually performed, without • regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related ads contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification; a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable • relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administra- tor for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 335 Page 202 cm C'.O(I.If1S North College Corridor Improvements — Conifer to Willox July 14, 2014 Project Special Provisions . 3. Payment of Fringe Benefits a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any 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 or subcontractor is performing constriction 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 -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 336 Page 203 art Co((1r15 North College Corridor Improvements —Conifer to Willox July 14, 2014 Project Special Provisions (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency • recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specked 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 49 of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the 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 journeymen shall not be greater than permitted by the terms of the particular program. 337 Page 204 Fort Co(lin5 North College Corridor Improvements— Conifer to Wil lox July 14, 2014 . Project Special Provisions • 6. Withholding: 0 The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the rase of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 338 Page 206 0 chyd (In5 North College Corridor Improvements- Conifer to Willoz July 14,2014 Project Special Provisions 1. Compliance with Copeland Regulations (29 CFR 3): • The contractor shall comply with the Copeland Regulations of the Secretary or Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcon- tractor during the worse of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontrac- tors employing apprentices or trainees under approved programs shall maintain written evidence of the • registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 339 Cl Page 206 ary'r North College Corridor lmp rovements-Conifer to Willox Jul 14,2014 rtColdns Project Special Provisions y . (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. I. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, 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 SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federalaid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a • force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: E a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWAA7. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 11b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage 9 specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total 340 Page 207 �UIs North College Corridor Improvements— Conifer to Willox July 14, 2014 Project Special Provisions original contract price before computing the amount of work required to be performed by the • contractors own organization (23 CFR 635). a. 'Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract 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 SHA 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 SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. • Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as It determines, or as the SHA 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. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shallhave right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). • 340 Peg. 208 Clof Fort(ZoRIn5 North College Corridor Improvements—ConifertoWillox July14,2014 Project Special Provisions IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or 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, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false 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 fumished 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 21, 1916, (39 Stat. 355), as amended and supplemented, • Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at sea., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at sea., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 341 Page''OU c °r29!gS North College Corridor Improvements -Conifer to Willox July 14, 2014 Project Special Provisions 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certif!cation set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this • transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fad upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended, "ineligible, "lower tier covered transac- tion," "participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. • 342 Page 210 u c"�ICOIUns North College Corridor Improvements—ConifertoWlllox July 14,2014 Project Special Provisions g. The prospective primary 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 Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, d a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 343 Page 211 I"or[bDuinS North College Corridor Improvements— Conifer to Willox July 14, 2014 Project Special Provisions 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible; "'primary covered transac- tion;' "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, • have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that a will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. • Page 212 FortCollin 5 North College Corridor Improvements— Conifer to Willox July 14, 2014 Project Special Provisions I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $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 knovledge 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 Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly Page 213 July 29, 2011 98 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 httu,//www wio.dodot.info/businem/ecual- opoortun ity/trainine.htmt 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. • 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of • Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eoAdot.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 COOT 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. • 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 COOT Center for Equal Opportunity, through the COOT Regional Civil Rights Manager, or on CDOT's websee at htto://www.coloradodot.infolbusiness/bidding/Biddinc / 20Fons/Bid"k20WinneN/ 2OFons 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; G. Type of work; and • H. The need for additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: • 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 !■!� w !' 2 ©�• - !| w �•§ || 2 §�! .I vo ] ( ! � � - I }�� j 0 I by an approved trainee or apprentice working on that project; or, if a Contractors apprentice is enrolled in a DOL approved apprenticeship program and registered with COOT using Form 838 and working for the Contractor on a non•CDOT project. The hours worked on the non-CDOT project may is 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 COOT 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 COOT 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) z (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. • 7 February 3, 2011 • PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design • consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. October 31, 2013 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: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section 1 (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. • 0 October 31, 2013 • 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II, Nondiscriminalion III. Nonsegregated Facilities IV. Davis -Bacon and Related Ad Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safel", Accident Prevention Vill, False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Ad X. Compliance with Governmentynde Suspension and Debarment Requirements XI. Cenificatlon Regarding Use of Conked Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access React Contracts (included In Appalachlan contracts only) GENERAL 1, Form FHWA-1273 must be physically Incorporated in each construction contract funded under TNe 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 her subcontracts (excluding purchase orders, rental agreements and other agreements far supplies or services). The applicable requimments of Farm 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 wmplianrx by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be Included In all Faderel-ald design - build contracts, in all subcontac. 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 contrac0. 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 Me 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 Me contracting agency and FHWA. 4. Selection of Labor: During Me 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 parlormed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not Include madways functionally classified as local roads or rural miner collectors. II. NONDISCRIMINATION The provisions of Me section related to 23 CFR Part 2W are applicable to all Fetleral-ald construction wntmcts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Pan 230 are not applicable to material supply, enginel or architectural service contracts. In addition, Me contractor and all subcontractors must comply with Me following policies: Fxeculive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation AG of 1973, as amended (29 USC 794), Ti le VI of the Civlt Rights Ad of 1964, as amentled, and related regulations inducting 49 CFR Paris 21. 26 and 27; and 23 CFR Pans 200, 230, and 633. The contractor and all subcontractors must comply with: the regWmmenls of the Equal Opportunity Clause In 41 CFR fiLL 1 AM) and, for all construction summers exrading $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications In 41 CFR 604.3, Note: The U.S. Department of Labor has exclusive authodty to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor Inducting 41 CFR 60, and 29 CFR 1625-1627, The contracting agency and the FHWA hove Me authority and the responsiblllty to ensure compliance with Title 23 USC Section 140. the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Chat Rights Ad of 1964, as amended, and related regulations inducting 49 CFR Paris 21. 26 and 27; and 23 CFR Parts 200. 230, and 633. The fallowing provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to cantons to the U.S. Department of Labor (US DOL) and FHWA requirements. • 1. Equal Employment Opportunity: Equal employment 2. Subject to the applicability onions noted in the following opportunity (EEO) requirements not to discriminate and to take sections, these contract provisions shall apply to all wok affirmative action to assure equal opportunity as set forth performed on the contract by the coniocors own organization under laws, executive orders, rules, regulatiorm (28 CFR 35, and Win the assistance of workers under the contractors 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 October 31, 2013 3 •REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specfic affirmative safari standards for the contmdors project activities under this contract. The provisions of Me Americans with Disabilities Act of INN (42 U.S.C. 12101 at soft set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by reference in this wound. In Me execution of this contract, the contractor agrees to comply who the following minimum specific requirement activitles of EEO: a. The contractor will work With the contrading agency and the Federal Govemmenl to ensure that It has made every good faith effort to provide equal opportunity vim respect to all of Its terms and conditions of employment and in their review of activities under me 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 Induce: employment, upgrading, demotion, or transfer; recruitment or recmgment advertising; layoff or termination; rates of Pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-Ihe- job training." 2. EEO Offset: 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 he assigned adequate authority and responsibility to do so. e. Disseminegon of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who am substantially Irwolved In such nation. will be made fully cognizant of, and will implement, the contractors EEO policy and conlracWal responsibilities to provide EEO in each grade and dassi cation of employment. To ensure that the above agreement will be cast, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and Personnel office employees will be conducted before the star) of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation volt be reviewed and explained. The meetings will be conducted by the EEO Officer. b. Ail new supervisory or personnel office employees will be given a thorough indodrination by me EEO Officer, covering all major aspects of the control EEO obligations within Unity, days following their reporting for duty with Me contractor. c. All personnel who are engaged in direct recuitment for the anted will be instructed by the EEO Officer in Me contractors procedures for locating and hiring minorities and women. d. Notices and posters selling farm the contractors EEO pdicy will w placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors 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 Men 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 dreulation among minorities and women in the area from which the project work force wood normally be derived. a. The contractor will, unless produced by a valid bargaining agreement, conduct systematic and direct recni tmenl through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, me contractor will identify sources of potential minority group employees, and establish wfth such identified sources procedures whereby minority and women applicants may be selected to the contractor for employment consideration. b. In Me event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, Me contractor is expected to observe Me provisions of that agreement to the extent that Me system meets the contractor's compliance WM 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 Wit encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants wilt be discussed in 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, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sties to insure mat working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. It. The contrasiorwlll 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 Mere is evidence of discrimination. Mereevidence is found, the contractor will promptly take conedive action. If the review indicates Mat the discrimination may extend beyond the actions reviewed such corrective action shall Include all affected persons. • October 31, 2013 • 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS L d. The connector 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 frdicetes that the discrimination may effect persons other than Me complainant, such corrective action shall include such other persona. 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 locakng, qualifying, and Increasing the skills of minomm; and women who are applicants for employment or current employees. Such efforts should be aimed at developing NII journey level status employees in the type of trade or jab classification Involved. 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, Ire., apprenticeship, and on -Me -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 vnll be superseded as indicated in the special provision. The contracting agency may reserve teinirg positions far persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). a 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 tmining and promotion. T. 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 cooperabon of such unions to Increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will Include the procedures set form below: a. The contractor will use good faith efforts to dewlap, in cooperation WM the unions, joint training programs aimed toward qualifying mare minorities and women for membership in the unions and increasing the skills of minorities and women so that they may quality for higher paying employment. It. The connector will use good faith efforts to incorporate an EEO clause Into each union agreement to Me end that such union will be contractually bound to fell applicants without regal to their race, color, religion, sex, national origin, age or disability, c. The contractor is to obtain information as to the referal practices and policies of the labor union except Met to the extent such Information Is within the exclusive possession of the labor union and such labor union hall to Nmish such information to the contractor, the contractor shall so sanity to the contracting agency and shall set firth what efforts have been made to oblaln such information. 0. In the event the union is unable to provide the contractor with a reasonable flow of refonals 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 Nil 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 requlremerds of this paragraph. In fire event the union relerral practice prevents the contractor from meeting the obligations pursuant to Executive Order 112,16, as amended, and these special provisions, such contractor shall Immer lately notify the contracting agency. 8. Reasonablo AccommodatfonforApplicants/ 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 activtlles unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Matimals and Leasing of Equipment: The contractor shall not discriminate an 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 fell, efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 39 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DUE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on Me basis of race, color, national origin, or sex In the performance of time colftraci. The comracbr shall cant' our applicable requirements of 49 CFR part 261n the award and administration of DOT -assisted contracts. Failure by Me contractor to carry out these requirements is a material breach of this contract, which may result in Me termination of this contract or such other exactly as the contracting agency deema 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 Me date of Me 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, October 31, 2013 5 •REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the connector shall dowment me 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 womem 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 clasalficagon required by me 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 me end of July. If on -the -fob training is being required by special provision, the contractor will be required to collect and repart training date, The employment data should reflect the work force on board during all or any pan of me 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 wall or oral policies nor fclerde such use by employee custom. The contractor's obligation extends further to ensure that Its employees are not resigned to perform their services at any location, under the contractors control, where the facilities are segregated The term'facilities' includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restra os, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking (contains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user material and necessary dressing or sleeping areas to assum 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 righl-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally c lassified as local roads or rural minor collectors, which are exempt. Contracting agendas may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations In 29 CFR 55'Centracl provisions and related msfters'vMh minor revisions in conform to the FHWA- 12y3 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 withal subsequent deduction or rebate on any account (except such payroll reductions as are permitted by regulations Issued by me Secretary of Labor under the Copeland Ad (29 CFR pad 3)), the full amount of wages and bona fide large benefits (or cash equivalents thereoft due at time of payment computed at rates net less than those conmined in the wage determination of the Secretary of Labor which Is attached hereto and made a pad hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contrbutions made or more reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of me 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 at of this section; also, regular contributions matle or ..is Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly peace, are deemed to be constructively made or mound during such weekly periotl. Such laborers and mechanics shall be paid me appropriate wage rate and hinge benefits on the wage determination for the classification of work actually performed without regard to Will, except as provided In 29 CFR 5.5m)(4). Laborers or mechanics performing work In more man one ofasaauction 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 form the time spent in each dassifiwtion in which work Is performed. The wage determination (including any additional classification and wage rates corm unnee under paragraph 11, of this section) and the Darts -Bacon poster ((VA- 21) shall be funded at all times by the contractor and His subcontractors at the site of me 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, Mich is not listed in me 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 benefts therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is net performed by a classification in the wage determination: and • 0 October 31, 2013 6 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 0 (it) 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 contacting 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, US. Department of tabor, 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 canhading officer or will witty the meta rg officer within the 3"ay per od Mat additional time is necessary. (3) In the event the contractor, Me laborers or mechanics to be employed in the classification or their representatives, and the contrecdng 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 me views of all Interested parties and the recommendation of the contracting officer, to me Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of recelpt 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 i.Ib(2) or 1.b.(3) of Min 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 the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefll 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 Me contractor does not make payments to a trustee or other third Person, the contractor may consider as pad of the wages of any laborer or mechanic the amount of any costs reasonably anticipated! In providing bona fide hinge 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 The remanding agency shall upon his own action or upon worse request of an authorized representative of the Department of Labor, withhold or cause to he withheld from the contractor under this contract, or any other Federal contract Win the same prime contractor, or any other federally - assisted contrail 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 (allure to pay any laborer or mechanic, Including any apprenilce, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, Me contracting agency may, after written notice to the contractor, take such action as may be necessary to cause me suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basicrecords a. Payrolls and basic records relating thereto shall be maintained! by Me contractor during the course of Me wark and preserved for a period of three years Hereafter for all laborers and mechanics working at the site of the work. Such records shall contain Me name, address, and social security number of each such worker, his or her coned 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 Am), daily and weekly number of boos worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(ty) 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 Me Davis- Bacan 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 costa anticipated or the actual cost Incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain woman evidence of the registration of apprenticeship programs and certiration of trainee programs, the registration of Me apprentices and trainees, and the miles and wage rates prescribed In the applicable programs. 1.(1) The contractor shall submit weekly for each week In which any contrad 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 reed 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 httpllw Col govlesaO bdiformsr1vh347inslr,hon October 31, 2013 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 M the State DOT, the FHWA or Me 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 Me persons employed under the contract and shall certify the following: (I) Thal the payroll for the payroll period contains the Information required to be provided under §5 5 (a)(3)(il) of Regulations, 29 CFR pad 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; is) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll p oind has been paid the full weekly wages eamed, 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; (in) That each laborer or mechanic has been paid not less Man the applicable wage rates and hinge benefits or cash equivalents for the classification of work performed, as specified in Me 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 MH 17 shall satisfy the requirement for submission of the 'Statement of Compliance required by paragraph 3.b.(2) of this "often, (4) The falsification of any of Me above cedifications may subject the contractor or subcontractor to civli or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of Me 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, Me 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 Me State DOT, take such action as may be necessary to cause Me 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 cribs USDOLL Apprentices will be permuted to work at less Man the predetermined! rate for the work they perormetl 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 Once, or If a person Is employed in his or bar 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 not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less Man the applicable wage rate on the wage determination for the classification of work actually perfomed. In addition, any apprenfice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less Man Me applicable wage rate on Me 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 subcontractors registered prog en shall be observed. Every apprentice must be paid at not less than Me 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 hinge benelts in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe tenets, apprentices must be paid the full amount of fringe benefits listed on Me wage determination for the applicable classification. If Me Atlminlshetor 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 Servitor, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utillbe apprentices at less than the applicable • A October 31, 2013 8 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 0 11 predetermined rate for the worts performed until an acceptable journeymen shall not be greater than pennitied by the terms of program is approvedthe particular program. b. Trainees (programs of Me USDOL). Except as provided in 29 CFR 5.16. trainees will not be permlhed 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 causation by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeyman on the lob site shall not be greater than permitted under the plan approvetl by the Employment and Training Administration. Every trainee must be paitl at not less than Me 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 fdnge benefits in accordance with the provisions of the trainee program. If the trainee program does not mention tongs benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless Me Administrator of the Wage and Hour Division determines Mat 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 registeretl and participating In a training plan approved by Me Employment and Training Administration shall be paid not less Man 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 Man the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administratlor withdraws approval of a training program, the contractor will no longer be p rmilte l M utilize tralneea at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of appren oes, trainees and journeyman under this part shall be In conformity Win the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30, It. Apprentices and Trainees (programs more U.S. DOT). Apprentices and trainees working under apprengceshlp and skill tinning programs which have been bedded by the Secretary of Transportation as promoting EEO In connection with Federal -aid highway construction programs are rat subject M the requirements of paragraph 4 of this Section IV. The straight time hourly wage miss for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to 6. 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.Sobcomzacts. The contractor or subcontractor shall Insert Form FHWA-12731n any subcontracts and also require the subcontractors to include Form FHWA-12731n any lower tier subcontracts. The prime centimeter shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses In 29 CFR 5.5. 7. Comract brminatlon: debarment. A l reach of if e contract clauses In 29 CFR 5.5 may be grounds for termination of the contract, and for debemram as a contactor and a subcontractor as provided in 29 CFR 5,12. 8. Compliance with Davis-Sacon and Related Act requirements. All rulings and Interpretations ofthe Davis- Bawn and Related Acts contained In 29 CFR parts 1, 3, and 5 are realm Incorporated by reference in this contract. S. Disputes concerning labor standards. Disputes arising out of the labor standards previsions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accardance with Me procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this cause include disputes between the contractor (or any of its subcontractors) and Me connecting 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 contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(s) of the Davis-Bacen Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or fimn ineligible for award of a Government contract by vklue 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. Crtminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-altl 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 Invented in addition to the clauses required by 29 CFR 55(a) or 29 CFR 4 6. As P 0 � October 31, 2013 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 corralling for any pad 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 halt 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 dause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible Meretor shall be liable for the unpaid wages. In addition, such contractor and subconfractor shall be liable to the United States (in the case of work done under contract for Me Dlstdd of Columbia or a tent ory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer ant mechanic, Including watchmen and guards, employed in violation of the dause set forth in paragraph (I ) of this section, In the sum of $10 for each calendar day on which such individual was required or pennitled to work in excess of the standard workweek of fatly hours without payment of the overme wages required by file dause set forth in paragraph H.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FH WA or the contacting agency shall upon its own action or upon Milan request of an authorized repreaenlative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of wont performed by the contractor or subcontractor under any such sorted or any other Federal contract win the some 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 dause 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 dause requiring the subconlradors 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 H.) 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. 1. The contractor shall perform with Its own organization contract work amounting to not less than 30 percent (or a greater percentage it specified elsewhere in the correct) of the total original corned price, excluding any specialty items designated by the contracting agency. Specalty Items may W performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amour of work required to be performed by Me contractors own organization (23 CFR 635.116), a. The term "perform work Win its awn organizallori refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such tens 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 fine meeting all relevant Federal and Slate regulatory requirements. Leased employees may only be induced in this term If the prime contractor meets all of the following conditions: (1) the prime contractor maintains cannot 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) Me ptlme contractor retains all power to accept ant exclude individual employees from work on the project; and (4) the ptlme contractor remains ultimately responsible for Me payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. IS "Specialty Items" shall be construed to be limited to work Mat 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 whale and in general are to be limited to minor wmponenls of the overall contract. 2. The contract amount upon whi Me requirements set forth In paragraph (1) of Section VI is computed Includes the cast of material and manufactured products which are to be purchased or produced by the conimctar under the contract provisions. 3. The contractor shall (umish (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 construcfion operations (regardless of who performs the work) and M) 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 Wit be given only after the contmcting agency has assured that each subcontract is 0 J October 31, 2013 10 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 0 evidenced in writing and that it contains all pertinent provisions places where it is readily available to all persons concerned and requlmments al me prime contract, with the projed: 5. The 30%self-performance requirement of paragraph (1) Is not applicable to design -build camMum; however, contending agencies may establish their oven self -performance requirements. VIL 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 sanitarian (23 CFR 635). The contrai shall provide all safeguards. safety devices and protective equipment and take 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 fire safety of the public and to protect property In connection with the performance of the work covered by the contrail. 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 combed, 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 hislher health or safety, as determined under constmdion safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Sector 107 of the Contract Work Hours and Safety Standards Ad (40 US C. 3704). 3. Pursuart 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 covered 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 Ad (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 constructor in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers an Federal - aid highway projeds, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Wilful falsification, distortion, or miarepresentation with respect to any fads related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar ads, Form FHia22 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more 18 U.S.C. 1020 made as follows: "Whoever, being an officer, agent, or employee of the United Slates, or of any Stale or Territory, or whoever, whether a person, association, fin, 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 last ...d, or the at thereof in connection with the submission of plans, maps, specifications, contrads, 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 famished or to be famished in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Momer knowingly makes any false statement or false representation as to material tad in any statement, certificate, or report submitted pursuant to provisions of the FederaFaid 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 Federel-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any parson veto Is or will be uflllzed In the performance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Ad or Section 308 of the Clean Air Ad. 2. That the contractor agrees to include or cause to be Included the requirements of paragraph (1) of this Section X in every subcontrad, 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 MCLUSION This provision Is applicable to all Federal -aid construction contracts, design -build contracts, subcontrads, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other coveretl transaction requiring FHWA October 31, 2013 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. In. The inability of a person to provide the cedficatlon 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 provitle the certification set out below. The codification or explanation will be conskkmad 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 transidoon. c. The codification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this tradesman. If it is later determined that the prospective participant knowingly rendered an erroneous mr i(Ication, in atltltlion to other remedies available to the Federal Government, the contracting agency may terminate this transaction for muse of default. d. The prospective first gar participant shall provide immediate wriHen notice to the comps ling agency to whom this proposal is submitted it any time the prospective first tier participant learns that its certifiwHon was erroneous when submitted or has became erroneous by reason of changed circumstances. e. The tens "covered transaction,' "debarred "suspended""Ineligible,""padcipant,- 'perl "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 antl a participant (such as he prime or general costracp. "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Partclamr refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the some or general contractor). 'Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Ter personal or other Lower Tier Padlcipanis (such as subcontractors and suppliers). I. 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 coveretl transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting his proposal Nat It will include the clause tified "Certl0cetion Regarding Debarment, Suspension, Ineligibility and Voluntary Exduslon-Lower Tier Covered Transactions," product by the department or contracting agency, entering Into this covered transaction, without modification, in all lower Her covered transactions and in all solicitakons for lower tier covered transactions exceeding the $25,000 threshold In. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered (uncommon that is not debarred, suspended Ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. Aparticipant is responsible for ensuring that its principals are not suspended debarred or otherwise ineligible to participate In covered tmnsactlon. 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 moods (hhos'IAwvw eols a0v0, 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 farm the codification 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, g a participant in a covered transaction knowingly enters into a lower tier covered tramacdon with a person who is suspended debarred ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, Me department or agency may terminate this transaction for muse or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant sedges to he best of Its knowledge and belief, that it and its Fina ls: (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 Nis 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, dean, forgery, bribery, falsification or destru lon of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or atherwise criminally or civilly charged by a governmental entity (Federal, Stale or local) with commission of any of the offenses enumeratetl in paragraph (a)(2) of this combustion; and (4) Have not within a thme-year penad precetling this applimllaNproposal had one or more public transactions (Federal, State or local) terminated for muse or default. • October 31, 2013 • 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS E P b. Vvhere Me prospectve participant is unable to certify to any of the statements In this cerllflcarem, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcnnracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cast $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 national representation orator upon which reliance was placed when this transaction was entered Into. If it is later determined Mat the prospective lower tier participant knowingly rendered an erroneous certification, In addition to other remetlies available to the Federal Government, the department, or agency with which are transaction originated may pursue available remedies, including suspension and/or debarment. a The prospective lower tier paNcipant 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 tens 'covered transaction,""tlebanetl," "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 Me person to which Mis 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 subgrentee 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 Me participant who has entered into a covered transaction with a grantee or subgrenlee of Federal funds (such as Me prime or general connector), "Lower Tier Participant" refers any paNcipant who has entered into a covered transaction Win a Fired Ter Participant or other Lower Ter Participants (such as subcontractors and suppliers). e. The prospective lower tier retraced agrees by submitting this proposal Mat, should Me proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who Is tlebanetl, suspended. deciaretl ineligible, or voluntarily excluded from per cipation 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 submlMrg this proposal Mat it will include this clause titled "CeriNcatlon Regarding Debarment, Suspension, Ineligibility and Voluntary Eircluslon-Lower Tier Coverall Transaction," without mollification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $25,IXg threshold. g. A participant in a covered transaction may rely upon a cedlgcation of a prospective participant in a lower tier memo transaction that is not doomed, 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 wady Me 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 Padles List System website (hllos:/Avwa.eols.aovll, 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 knoMedge and information of participant Is not requiretl to exceed that which is normally possessetl by a prudent person In the ordinary course of business dealings. L Except for transactions authorized under paragraph a of these instructions, if a participant In a coverall 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 remadles available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension anchor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary EacluBlon.-Lower Tier particlpaMB: 1. The prospective lower tier participant certifes, by submission of Mis 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. Mere the prospective lower tier participant is unable to certiy, to any of the statements in this certification, such prospective participant shall attach an explanation to this pmposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision Is applicable to an Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20), 1. The prospective participant cartifies, by signing and submlting this bid or proposal, to the best of his or her knowledge and belief, that a. No Federal appropriatetl funds have been paid or sell 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 October 31, 2013 3 •REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the assenting of any Federal combact, the making of any Federal grant, Me 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 Nan Federal appmpnated funs have been paid or will be paid to any person for Influandng 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 woperatiw 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 fed 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 cW 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 an Nat all such recipients shall carry and disclose accordingly. • 40 October 31, 2013 14 . REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A- EMPLOYMENT AND MATERIALS use of mmemlresource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6. The contractor shall Include Me provisions of Sections 1 This provision is applicable to all Federal -aid projects funded through 4 of the Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965 which is, or reasonably may be, done as wrens work. 1. During the performance of this contract. Me 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 wrortc is stunted, or the subregion, or the Appalachian counties of the State wherein the contract work Is situated, except: a. To the extent that qualified persona regularly residing In Me area are not available. b. For Me reasonable needs of the connector to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the central work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contrail, provided that the number of nonresident persons employed under this subparagraph (1 c) 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 jab order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform Me contract we*, (b) the number of employees required In each dessificaton, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent Information required by Me State Employment Service to complete the lob order form. The jab antler may be placed with the State Employment Service in writing or by telephone. If during the course of the contrad work, Me information submitted by the contractor In the original job order Is substantially modified, the participant shall promptly notify the State 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 trot required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work requiretl. 4. If, wAhm one week following Me placing of a job order by Me, contractor with the Stale Employment Service, the State Employment Service is unable to refer any qualified job applicants to Me contractor, or less than Me number requested. Me 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, Me contractor may employ persons who do not normally reside In the labor area to All positions covered by the certiAcate, notwithstanding the provisions of subparagraph (1d above. • 5. The provisions of 23 CFR 633.20T(e) allow the contracting agency to provide a contractual preference for the • GEOTECHNICAL INVESTIGATION • POUDRE TRAIL BRIDGE CROSSING LEMAY AVENUE AND MULBERRY STREET FORT COLLINS, COLORADO CITY OF FORT COLLINS Park Planning and Development 215 North Mason Street Fort Collins, Colorado 80522 Attention: Mr. Jason Stutzman Project No. FC05838-125 April 19, 2012 n LJ 351 Linden Street I Suite 140 1 Fort Collins, Colorado 80524 1 Phone: 970.206-9455 1 Faz: 970-206-9441 • 0 ,r=x..r. e• r e a � r s s GEOTECHNICAL INVESTIGATION POUDRE TRAIL BRIDGE CROSSING LEMAY AVENUE AND MULBERRY STREET FORT COLLINS, COLORADO CITY OF FORT COLLINS Park Planning and Development 215 North Mason Street Fort Collins, Colorado 80522 Attention: Mr. Jason Stutzman Project No. FC05838-125 April 19, 2012 351 Linden Street I Sufte 140 I Fort Collins, Colorado 80524 Telephone: 970-206-9455 Fax: 970-206-9441 TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 2 PROPOSED CONSTRUCTION 2 INVESTIGATION 2 SUBSURFACE CONDITIONS 3 Ground Water 3 Seismicity 3 SITE DEVELOPMENT 3 Fill Placement 3 Excavation 4 Dewatering 5 BRIDGE FOUNDATIONS 6 Drilled Piers Bottomed in Bedrock 6 Laterally Loaded Piers and Piles 8 • Closely Spaced Pier Reduction Factors 8 RETAINING WALL FOUNDATIONS 9 Footings 9 SCOUR 10 LATERAL EARTH PRESSURES 11 WATER-SOLUBLE SULFATES 12 LIMITATIONS 13 FIGURE 1 — LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 — SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3— EXAMPLE LATERAL EARTH PRESSURE DISTRIBUTIONS APPENDIX A — RESULTS OF LABORATORY TESTING APPENDIX B—SAMPLE SITE GRADING SPECIFICATIONS 0 La SCOPE This report presents the results of our Geotechnical Investigation for the proposed Poudre Trail pedestrian bridge at Lemay Avenue and Mulberry Street in Fort Collins, Colorado. The purpose of the investigation was to evaluate the subsurface conditions and provide foundation recommendations and geotechnical design criteria for the project. The report was prepared from data developed during field exploration, laboratory testing, engineering analysis and experience with similar conditions. The report includes a description of subsurface conditions found in our exploratory borings and discussions of site development as influenced by geotechnical considerations. Our opinions and recommendations regarding design criteria and construction details for site development, foundations, lateral earth loads, and drainage are provided. If the proposed construction changes, we should be requested to review our recommendations contained In this report to determine if they apply to the new proposed • construction. Our opinions are summarized in the following paragraphs. Further descriptions of the subsurface conditions, results of our field and laboratory investigations and our opinions, conclusions and recommendations are included in the subsequent sections of this report. SUMMARY OF CONCLUSIONS Subsurface conditions encountered in our borings were generally consistent across the site. Soils encountered consisted of approximately 3 to 7 feet of slightly silty sand over 2 to 9 feet of sandy gravel. Claystone was encountered in all of our borings at depths ranging from approximately 6�h to 12 feet (El. 4921.5 to 4923.5) below the existing ground surface. Groundwater levels were measured at depths of approximately 6 to 9�/2 feet (El. 4922 to 4925) below the existing ground surface. Existing groundwater levels are not expected to significantly affect the proposed construction, but will likely affect drilled pier installation. 2. We understand the proposed bridge abutments and center pier will be constructed with drill pier foundations. We understand the preferred foundation type for the retaining structures are spread footing foundations. Foundation discussion and criteria for drilled pier and footing foundations are provided in this report. CRY OF FORT COLLINS-PARK PLANNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 1 MLIT PROJECT NO. FCO5 125 0 0 7j SITE CONDITIONS The proposed pedestrian bridge crossing is located southeast of the intersection of Lemay Avenue and Mulberry Street in Fort Collins, Colorado. The site is located in the green belt of the Cache Is Poudre River. Ground cover consists of natural grasses, weeds and trees. The site slopes gradually toward the river. Water levels observed in the river were relatively shallow with depths averaging only a couple feet across the width of the river. The Poudre Trail is currently located on the south side of the river east of Lemay Avenue. PROPOSED CONSTRUCTION Based on plans provided and conversations with our client, we understand the proposed bridge will span a total length of approximately 250 feet. Two prefabricated steel pedestrian bridges of approximately 160 and 90 feet will be used to span the Poudre River at this location. The crossing will have the two abutments to the north and south and a central pier between to connect the separate bridges. We understand • associated wing walls will be located at each abutment as well as a retaining wall south of the southern abutment. INVESTIGATION Subsurface conditions at the site were Investigated by drilling four exploratory borings. The approximate locations of the borings are shown on Figure 1. Our field representative observed drilling, logged the soils and bedrock found In the borings and obtained samples. Summary logs of the borings, including results of field penetration resistance tests, are presented on Figure 2. Samples obtained during drilling were returned to our laboratory and visually examined by the geotechnical engineer for this project. Laboratory testing included moisture content, dry density, swell -consolidation, gradation, and water-soluble sulfate tests. Results of laboratory tests are presented In Appendix A and summarized in Table A -I. 0 CRY OF FORT COLLINS -PARK PLANNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 2 CTLIT PROJECT NO. FC05WH-125 • MA SUBSURFACE CONDITIONS Subsurface conditions encountered in our borings were generally consistent across the site. Soils encountered consisted of approximately 3 to 7 feet of slightly silty sand over 2 to 9 feet of sandy gravel. Claystone was encountered in all of our borings at depths ranging from approximately 6Y2 to 12 feet (El. 4921.5 to 4923.5) below the existing ground surface. Further description of the subsurface conditions is presented on our boring logs and in our laboratory testing. Ground Water Groundwater levels were measured at depths of approximately 6 to 9Y2 feet (El. 4922 to 4925) below the existing ground surface. Groundwater levels will vary seasonally and with water level in the Cache Is Poudre River. Existing groundwater levels are not expected to significantly affect the proposed construction, but will likely affect drilled pier installation. Seismici This area, like most of central Colorado, is subject to a low degree of seismic risk. As in most areas of recognized low seismicity, the record of the past earthquake activity in Colorado is somewhat incomplete. According to the 2009 International Building Code and the subsurface conditions encountered in our borings, this site classifies as a Site Class C. Only minor damage to relatively new, properly designed and built structures would be expected. Wind loads, not seismic considerations, typically govern dynamic structural design in this area. SITE DEVELOPMENT Fill Placement The existing on -site soils are suitable for reuse as fill material provided debris or deleterious organic materials are removed. If import material is required, we CRY OF FORT COLLINS- PARK PLAWNG AND DEVELOPMENT POUDRE TMR CROSSING AT LEMAY AVENUE 3 CTLI T PROJECT NO, FC S -125 r recommend Importing granular soils. Import fill should contain no particle larger than 3 Inches, 10 to 40 percent slit and clay -sized particles (percent passing No. 200 sieve) and exhibit a liquid limit less than 30 and a plasticity index less than 15. Areas to receive fill should be scarified, moisture -conditioned and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698, AASHTO T 99). The properties of the fill will affect the performance of foundations, slabs -on -grade, and pavements. Sand soils used as fill should be moistened to within 2 percent of optimum moisture content. The fill should be moisture -conditioned, placed In thin, loose lifts IS inches or less) and compacted as described above. We should be retained to observe placement and compaction of fill during construction. Fill placement and compaction activities should not be conducted when the fill material or subgrade is frozen. Site grading in areas of landscaping where no future improvements are planned can be placed at a dry density of at least 90 percent of standard Proctor maximum dry . density (ASTM 0 698, AASHTO T 99). Example site grading specifications are presented in Appendix B. Excavation The materials found in our borings can be excavated using conventional heavy- duty excavation equipment. Excavations should be sloped or shored to meet local, State and Federal safety regulations. Based on our investigation and OSHA standards, we believe the sand soils classify as Type C soils. Type C soils require a maximum slope inclination of 1.5:1 in dry conditions. Excavation slopes specified by OSHA are dependent upon types of soil and groundwater conditions encountered. The contractor's "competent person" should identify the soils and/or rock encountered in the excavation and refer to OSHA standards to determine appropriate slopes. Stockpiles of soils, rock, equipment, or other items should not be placed within a horizontal distance equal to one- half the excavation depth, from the edge of excavation. Excavations deeper than 20 feet should be braced or a professional engineer should design the slopes. 0 CITY OF FORT COLLINS-PARK PUNNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 4 CMIT PROJECT NO. FCUSBSS-t 25 • The width of the top of an excavation may be limited in some areas. Bracing or "trench box" construction may be necessary. Bracing systems include sheet piling, braced sheeting and others. Lateral loads on bracing depend on the depth of excavation, slope of excavation above the bracing, surface loads, hydrostatic pressures, and allowable movement. For trench boxes and bracing allowed to move enough to mobilize the strength of the soils, with associated cracking of the ground surface, the "active" earth pressure conditions are appropriate for design. If movement Is not tolerable, the "at rest" earth pressures are appropriate. We suggest an equivalent fluid pressure of 40 pot for the "active" earth pressure condition and 55 pcf for the "at rest" earth pressure condition, assuming level backfill. These pressures do not include allowances for surcharge loading or for hydrostatic conditions. We are available to assist further with bracing design if desired. Dewaterinc • Ground water was encountered in our borings at depths between 6 feet and 91/2 feet. Groundwater levels and water levels in the Cache Is Poudre River may rise or fall with seasons. Depending on the time of construction and water levels in the river, groundwater levels could be higher than measured in our borings. Excavations within approximately two feet of ground water should consider temporary dewatering prior to and/or during construction. Dewatering can be accomplished using a series of trenches, sumps, and granular materials from which water can be pumped, or by a system of well points. The sumps should be several feet below the bottom of the excavations to pump water down through the soil rather than up through the bottom of the excavation. Pumping water up through the base of the excavation will likely result in destabilization of the base of the excavation. The ground surface surrounding the excavation should be sloped to direct runoff away from the excavation. For excavations planned several feet below groundwater levels, a series of well points may be needed to dewater the excavation effectively. The contractor should is anticipate extensive dewatering and possibly caving soils in excavations below the water CRY OF FORT COLLINS-PARK PIANNINO AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 5 CTLI T PROTECT NO. F005000425 Ki table. The design of a well point system will likely require further exploratory drilling to deeper depths and permeability tests both of which were not in the scope of this study. We are available to help with this design K requested. BRIDGE FOUNDATIONS We understand that drilled pier foundations are planned for the proposed bridge abutments and center pier. We believe this is an appropriate foundation system for the subsurface conditions encountered and proposed construction. Design and construction criteria for drilled piers are provided below. These criteria were developed from analysis of field and laboratory data and our experience. We estimate potential foundation movements of up to one inch could occur for foundations designed and constructed to the criteria below. The recommended foundation can be used provided all design and construction criteria presented in this report are followed. Drilled Piers Bottomed in Bedrock • 1. Piers should bottom in competent bedrock and have a minimum length of at least 25 feel. 2. Piers should be designed for an ultimate end bearing capacity, qP, of 105,000 pat and an ultimate skin friction capacity, q„ of 10,500 psf required for the LRFD method. These values correspond to a maximum allowable end pressure of 35,000 psf and an allowable skin friction of 3,500 psf for the portion of the pier in bedrock using the ASD method. Skin friction should be neglected for the portion of the pier in overburden soils or within 3 feet of grade beams. The ultimate capacities using LRFD method assume a weighted load factor of 1.5 and a resistance factor of 0.5 for end bearing and side shear values. 3. Piers should be designed with a length/diameter ratio less than 30. 4. Pier drilling should produce shafts with relatively undisturbed bedrock exposed. Excessive remolding and caking of bedrock cuttings on pier walls should be removed. 5. Piers should be reinforced their full length with sufficient reinforcing steel to resist a tensile load in the event of swelling. For design purposes, the tensile load (in kips) can be estimated as 5.5 times the pier diameter (in inches). A minimum steel -to -pier cross -sectional area ratio of 0.005 using Grade 60 steel is recommended. Reinforcement should extend into • abutments or grade beams. CITY OF FORT COLLINS- PARK PUNNING AND DEVELOPMENT POUDRE TRALGROSSING AT LEMAY AVENUE CTLIT PROJECT NO. FC05506125 6. Abutments should be well reinforced. The structural engineer should design the reinforcement. 7. Piers should have a center -to -canter spacing of at least three pier diameters when designing for vertical loading conditions, or they should be designed as a group. Piers aligned In the direction of lateral forces should have a center -to -center spacing of at least six pier diameters. Reductions for closely spaced piers are discussed in the following section. B. A 6-inch continuous void should be constructed beneath abutments or grade beams between piers to concentrate structural deadload on the piers. The presence of this void should be taken into consideration when designing scour protection. 9. Concrete should have a slump of 6 inches (+/- 1 inch). Concrete should be ready and placed in the pier holes immediately after the holes are drilled, cleaned, observed and the reinforcing steel is set. 10. Ground water was encountered in our borings. Where ground water is encountered during drilling, pump or tremie pipe placement of concrete may be required for proper cleaning, dewatedng, and placement of concrete during pier installation. Concrete should not be placed by free • fall in pier holes containing more than 3 inches of water. 11. We anticipate casing may be required for piers. Concrete should be ready and placed in the pier holes immediately after the holes are drilled, cleaned and observed and reinforcing steel set. At least 5 feet of concrete should be maintained above the groundwater level prior to (and during) casing removal. 12. Some pier -drilling contractors use casing with an O.D. equal to the specified pier diameter. This results In a pier diameter less than specified, typically on the order of 2 inches smaller in diameter. The design and specification of piers should consider the alternatives. If full size casing is desired (I.D. of casing equal to specified pier diameter) it should be clearly specified. If design considers the potential reduction in diameter, then the specification should include a tolerance for a smaller diameter for cased piers. 13. Some movement of the drilled pier foundation is anticipated to mobilize the skin friction. We estimate this movement to be on the order of 1/4 to 1/2 inch. Differential movement may be equal to the total movement. 14. The installation of the drilled pier foundations should be observed by a representative of our firm to confirm the piers are bottomed in the proper bearing strata and to observe the contractor's installation procedures. CITY OF FORT COLLINS - PARK PLAWNG AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE CTL I T PROJECT NO. F MMB 125 Laterally Loaded Piers and Piles Several methods are available to analyze laterally loaded piers. With a pier or pile length to diameter ratio of 7 or greater, we believe the method of analysis developed by Matlock and Reese is most appropriate. The method is an iterative procedure using applied loading and soil profile to develop deflection and moment versus depth curves. The computer programs LPILE and COM624 were developed to perform this procedure. Suggested criteria for LPILE analysis are presented in the following table. TABLE A CZn1I INIPI IT r1CTC PnP I PII P nr fXMARM Granular Soils Bedrock Material Type Sand Below Water Table Clay Effective Unit Weight (poll 0.04 0.07 Cohesive Strength, c (psi) - 40 Friction Angle (°) 35 - Soil Strain, E5o (in/in) - 0.003 p-y Modulus k, (pcl) 60 2,000 The E5v represents the strain corresponding to 50 percent of the maximum principle stress difference. Closely Spaced Pier Reduction Factors For axial loading, a minimum spacing of three diameters is recommended. At one diameter (piers touching) the skin friction reduction factor for both piers would be 0.5. End bearing values would not be reduced provided the bases of the piers are at similar elevations. Linear interpolation can be used between one and three diameters. • Piers in -line with the direction of the lateral load should have a minimum spacing of six diameters (center -to -center) based upon the larger pier. If a closer spacing is required, the modulus of subgrade reaction for initial and trailing piers should be reduced. At a spacing of three diameters, the effective modulus of subgrade reaction of . CRY OF FORT COLLINS- PARK PUNNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 8 CTLI T PRO.IECT NO. FC55838-125 Ir the first pier can be estimated by multiplying the given modulus by 0.6. For trailing piers in a line at three -diameter spacing, the factor is 0.4. Linear interpolation can be used for spacing between three and six diameters. Reductions to the modulus of subgrade reaction can be accomplished in LPILE by inputting the appropriate modification factors for the p-y curves. Reducing the modulus of subgrade reaction in trailing piers will result in greater computed deflections on these piers. In practice, the grade beam can force deflections of piers to be equal. Load -deflection graphs can be generated for each pier in the group using the appropriate p-multiplier values. The sum of the piers' lateral load resistance at selected deflections can be used to develop a total lateral load versus deflection relationship for the system of piers. For lateral loads perpendicular to the line of piers a minimum spacing of three diameters can be used with no capacity reduction. At one diameter (piers touching) the • piers can be analyzed as a single unit. Linear interpolation can be used for intermediate conditions. RETAINING WALL FOUNDATIONS Retaining walls, including wing walls, are planned at this site. If integral with the abutments, walls should be founded with the same foundation type as the abutments. If not integral, spread footing foundations may be used. We recommend constructing footing foundations with a separation to bedrock of no less than 3 feet. Design and construction criteria for footing are provided below. These criteria were developed from analysis of field and laboratory data and our experience. We estimate potential foundation movements of up to one inch could occur for foundations designed and constructed to the criteria below. The recommended foundation can be used provided all design and construction criteria presented in this report are followed. Footings 1. Footings should be constructed on undisturbed natural soils or properly . compacted fill (see Fill Placementl. Where soil is loosened during CITY OF FORT COLLMS-PARK PLANNING AND DEVELOPMENT POUDHE TRAK CROSSING AT LEIMY AVENUE g CTLIT PROJECT No. FCO5538125 excavation, it should be removed and replaced with on -site soils compacted following the criteria in the Fill Placement section of this report. 2. Footings constructed on the natural soils and/or engineered fill can be designed for a net allowable soil pressure of 3,000 pat. The soil pressure can be increased 33 percent for transient loads such as wind or seismic loads. 3. Footings should have a minimum width of at least 16 inches. Foundations for Isolated columns should have minimum dimensions of 24 inches by 24 inches. Larger sizes may be required depending on loads and the structural system used. 4. The solls beneath footing pads can be assigned an ultimate coefficient of friction of 0.4 to resist lateral loads. The ability of grade beams, or footing backfill to resist lateral loads can be calculated using a passive equivalent fluid pressure of 300 pcf. This assumes the backflll is densely compacted and will not be removed. Backfill should be placed and compacted to the criteria in the Fill Placement section of the report. 5. Exterior footings should be protected from frost action. We believe 30 inches of frost cover is appropriate for this site. 6. Foundation walls and grade beams should be well reinforced both top and bottom. We recommend the amount of steel equivalent to that required for a simply supported span of 15 feet. 7. We should be retained to observe completed footing excavations to confirm that the subsurface conditions are similar to those found in our borings. SCOUR Scour potential should be evaluated for the proposed bridge and retaining wall foundations. The depth of scour can affect foundations by undermining footings and also reducing the lateral support of the soils and bedrock on pier foundations. The overburden sand and gravel are susceptible to scour. The claystone encountered in our borings is typically considered to be subject to minimal scouring. Pier foundations should be considered for retaining wall where scour depths extend below possible footing foundations. Pier foundations should be protected from significant scouring to reduce the potential loss of lateral support. 1J CRY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE 10 CTL I T PROJECT NO. FO05MI25 • s LATERAL EARTH PRESSURES The lateral loads acting on abutments and retaining walls are dependent on the height and type of wall, backfill configuration and backfill type. For the purposes of design, we have assumed less than 10 feet of fill will be retained by abutments and retaining walls and the backfill will be on -site or similar soils. Abutment and retaining walls should be designed to resist lateral earth pressures that act upon the wall. Table C below provides the necessary equivalent fluid pressure values for the backfill soils anticipated at this site. The pressures given do not include allowances for surcharge loads such as sloping backfill, vehicle traffic, or excessive hydrostatic pressure. TABLE C EQUIVALENT FLUID PRESSURE VALUES The appropriate load distribution to apply for design depends not only on the soil and bedrock type, but also on the wall type and restraint. Graphical examples of typical loading conditions are presented on Figure 3. For abutments and retaining walls that are restrained from rotation, the walls should be designed to resist the "at rest" earth pressure. For walls which are free to rotate to develop the shear strength of the soils, such as wing walls not tied to the abutments, the walls should be designed to resist the "active" earth pressure. Resistance to lateral loads can be provided by friction between concrete and soil and/or by "passive" earth pressure. Passive earth pressure should be ignored for the top one foot of soils against the structure since it can be easily removed with time. The proper application of these loading conditions is the responsibility of the wall designer. CRYOF FORT COLLINS- PARK PUNNING AND DEVELOPMENT POOORE TRAIL CROSSING AT LEMAY AVENUE MIT PROJECT NO. FC0 M8-126 11 0 0 E The hydrostatic pressure can be reduced by providing a drain and weep holes behind the abutments and retaining walls. The drain should be reasonably well -graded sands and gravels with a maximum of 5 percent passing the No. 200 sieve and a maximum particle size of 3 inches that is at least 12 inches wide and placed against the back of an abutment or wing wall. The top 2 feet of backfill above the drain should be compacted clays. Weep holes should be 4 Inches in diameter, spaced 10 feet center -to - center at the bottom of an abutment or wall. At least two weep holes should be provided per wall at the bottom of the wall. The back of the weep holes should connect to the drain, be protected from clogging and be screened to prevent drain materials from falling out of the weep holes. A manufactured drain such as Miradrain could be substituted for the drain sand and gravel. Manufactured drains should be installed following the manufacturers recommendations. Wall backfill should be placed in 8-inch maximum loose lifts, moistened to within 2 percent of optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). The placement and compaction of fill • should be observed and tested by a representative of our firm during construction. WATER-SOLUBLE SULFATES Concrete that comes into contact with soils can be subject to sulfate attack. We measured water-soluble sulfate concentrations in four samples from this site. Concentrations measured were 0.16 percent or less, with two samples having sulfate concentrations between 0.1 and 0.2 percent. Water-soluble sulfate concentrations between 0.1 and 0.2 percent indicate Class 1 exposure to sulfate attack, according to the American Concrete Institute (ACI). ACI indicates adequate sulfate resistance can be achieved by using Type II cement with a water-to-cementitious material ratio of 0.50 or less. ACI also indicates concrete in Class 1 exposure environments should have a minimum compressive strength of 4000 psi. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze -thaw deterioration, the water- to-cementitious material ratio should not exceed 0.50 for concrete in contact with soils 0 CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT PODDRE TRAIL CROSSING AT LEWkY AVENUE 12 CTL IT PROJECT NO. FC05535-125 E • u that are likely to stay moist due to surface drainage or high water tables. Concrete should be air entrained. LIMITATIONS Although our borings were spaced to obtain a reasonably accurate picture of subsurface conditions, variations not indicated in our borings are always possible. We should be retained to observe pier hole drilling and footing excavations to confirm soils are similar to those found in our borings. Placement and compaction of fill, backfill, subgrade and other fills should be observed and tested by a representative of our firm during construction. We believe this Investigation was conducted In a manner consistent with that level of skill and care ordinarily used by members of the profession currently practicing under similar conditions in the locality of this project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the proposed construction from the geotechnical point of view, please contact the undersigned. CTL I THOMPSON, INC. by: Spe car Schram, EI R.B.Chip" Ledt Project Engineer Division Manager (2 Copies) CITY OF FORT COLONS -PARK PLANNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE CTLITPROJECTNO.FMSB3&125 13 7iiii: �(] ) / )(| f Ll 0 0 � • \ / � (� §( § | `� | ° |LJ |� " . �.. - j 4 : a | ] � ■ , , ■ � , , R h. h WALL EARTH TYPE PRESSURE P -YA -H H - HEIGHT OF WALL (FT) P = LATERAL PRESSURE (PSF) YA = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF) P CANTILEVER WALL (Active Condition) P-0.6•YA. H H = HEIGHT OF WALL (FT) P = LATERAL PRESSURE (PSF) P YA - ACTIVE HYDROSTATIC UNIT WEIGHT (PCF) BRACED OR TIE —BACK EXCAVATION ir P =%-H H = HEIGHT OF WALL (FT) P LATERAL PRESSURE (PSF) P YO = AT REST HYDROSTATIC UNIT WEIGHT (PCF) BELOW GRADE WALL (At —Rest Condition) F1 - YA' (%zh.) Ft-YA• (h+fzh.) h - HEIGHT OF WALL (FT) h, = HEIGHT OF SLOPE (FT) Fi - LATERAL PRESSURE, TOP OF WALL (PSF) Pp = LATERAL PRESSURE, BOTTOM OF WALL (PSF) YA - ACTIVE HYDROSTATIC UNIT WEIGHT (PCF) CANTILEVER WALL —SLOPING BACKFILL (Active with Surcharge) Example Lateral Earth Pressure Distributions CITY OF FORT COWNS- PARK PLANNING AND OEVELOPMENT FIGURE 3 PONDRETRAILCROMMGAT4 YAVENUE CTL I T PROJECT NO. FCM.3 iZ E • APPENDIX A RESULTS OF LABORATORY TESTING • • EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING I j 0A 0 APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH -1 AT 14 FEET CITYOF FORT WILLING - PARK PLANNING AND DEVELOPMENT POUDRE TRAIL CROSSING AT LEMAY AVENUE CTL I T PROJECT NO. FCOSM 125 10 100 DRY UNIT WEIGHT= 122 PCF MOISTURE CONTENT. 13.0 % Swell Consolidation Test Results FIGURE A-1 • L • 3 2 0.1 0 APPLIED PRESSURE - KSF Sample Of CLAYSTONE From TH-2 AT FEET 3 2 1 z a 0 M Q 6 X 1 i IF EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 10 IN DRYUNITWEIGHT. 119 PCF MOISTURE CONTENT. 12.0 % EXPANSION UNDER CONSTANT '. . �ESSURE DUE TO WETTING APPLIED PRESSURE -KSF 10 • Sample Of CLAYSTONE From TH-3 AT 24 FEET CRY OF FORT COLUNS-PARK PLANNING AND DEVELOPMENT POUDRE Tf W L CROSSING AT LEMAY AVENUE CTLIT PROJECTNO.FC06636.126 10 100 DRYUNITWEIGHT= 119 PCF MOISTURECONTENT- 13.1 % Swell Consolidation Test Results FIGURE A-2 fi EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING s 4 3 2 1 p_.._____ .. q 3 S J 0 M 2 Q K a W z 2 yO a N W 2 6 d 0 O LY a 01 A APPLIED PRESSURE - KSF Sample Of CLAYSTONE From TH-4 AT 14 FEET CITY OF FORT COLLINS PARK PIANNING AND OEVELOPMENT POUDRE TRAIL CROSSING AT IEMAY AVENUE CTL I T PROJECT W. FCOM:8-125 IF • 10 100 DRY UNIT WEIGHT. 115 PCF MOISTURE CONTENT. 12.7 % Swell Consolidation Test Results FIGURE A-3 LA • • • ■i HYDROMETER ANALYSIS SIEVEANALYSIS OW 1HR TIME REO➢W68 US STANDARD SERIES CLiMi WUMEOP@IINO$ .MIN IEMIN wWN. IB MH. IMIN. IMN. 'Rtl 'IN 'w 'b N -1E .1.V Y n, W, 1. S E'E' E' tw 0 14 w ID w w p t� w Ip 6 jQ w pp i@ b tl tl ry w w w w G .wl 0.M .w6 .CW O10 .wl %d .140 RB] Rd?tl 1.10 20 R.In418 BBR I9 .1 SE.I 142 IV 10in DIAMETENOFPARTCLEINMILLIMEIENS CLAY IPV.BTICITO &'LT (NON•PIPBTICi GNDS GAAVFL FINE MEDIUM OOMSE FINE COARBE CDBµiB i I 1 I 1 Sample Or SAND @W) From TH•3 AT FEET CRY OF FORT DOWNS- PARK PLANNINO AND DEVELOPMENT PWDRE TRAIL CROSSING AT LEMAY AVENUE OIL I T PROJECT NO. FCOMS125 GRAVEL 5 % SAND 91% SILT 6 CLAY 4 % LIQUID LIMIT % PLASTICITY INDEX % Gradation Test Results FIGURE A-4 • • 9 3 9 99 @q a ! • a ! gIg�E�9q!Arg geqageg pvpe °g� p W 048C@E@ pp3 \�r ! @ a§! ! t | ) m 2\| `�. r § m ; E 11 � a J Q F 0 z N f 0 0 O 0 g 7 N z occ a _ a U U � O m0� OOO o-00 0-io F I-H mF Y > Y O) > > > a5 <55�5, U U U w U U o o WW J � ^ W LL a O O N O Q O J 3mN O v O O I $ j — N m w azwo v nm azm m J W w cc R W COa o Naa w ~ J J W ao ? N N N .J CJ l7 N N m m J N Of O O� N ❑wa O w z ow N o vi �i� m m o v n zd' Cj ni ,p ai 00 2U ��ivmrnymNpc Q LL _2 C N N t7 M N O O O FI—T-FI—F FF m 0 �0 APPENDIX B SAMPLE SITE GRADING SPECIFICATIONS • • J SAMPLE SITE GRADING SPECIFICATIONS 1. DESCRIPTION This item shall consist of the excavation, transportation, placement and compaction of materials from locations indicated on the plans, or staked by the Engineer, as necessary to achieve building site elevations. 2. GENERAL The Soils Engineer shall be the Owner's representative. The Soils Engineer shall approve fill materials, method of placement, moisture contents and percent compaction, and shall give written approval of the completed fill. 3. CLEARING JOB SITE The Contractor shall remove all trees, brush and rubbish before excavation or fill placement is begun. The Contractor shall dispose of the cleared material to provide the Owner with a clean, neat appearing job site. Cleared material shall not be placed in areas to receive fill or where the material will support structures of any kind. 4. SCARIFYING AREA TO BE FILLED All topsoil and vegetable matter shall be removed from the ground surface upon which • fill is to be placed. The surface shall then be plowed or scarified to a depth of 8 inches until the surface is free from ruts, hummocks or other uneven features, which would prevent uniform compaction by the equipment to be used. 4�K9 u I ]7a[91 @ f4L1:143 m"IN 7I 11 A k After the foundation for the fill has been cleared and scarified, it shall be disked or bladed until it is free from large clods, brought to the proper moisture content and compacted to not less than 95 percent of maximum dry density as determined in accordance with ASTM D 698 or AASHTO T 99. 6. FILL MATERIALS On -site materials classifying as CL, SC, SM, SW, SP, GP, GC and GM are acceptable. Fill soils shall be free from organic matter, debris, or other deleterious substances, and shall not contain rocks or lumps having a diameter greater than three (3) inches. Fill materials shall be obtained from the existing fill and other approved sources. 7. MOISTURE CONTENT Fill materials shall be moisture treated. Clay soils placed below the building envelope should be moisture -treated to between 1 and 4 percent above optimum moisture content as determined from Standard Proctor compaction tests. Clay soil placed exterior to the building should be moisture treated between optimum and 3 percent above optimum moisture content. Sand soils can be moistened to within 2 percent of optimum moisture • CRY OF FORT COLLINS-PARK BANNING AND DEVELOPMENT B 1 POUDRE TRAIL CROSSING AT LEMAY AVENUE CTLIT PROJECT NO. FCON38-125 n u U content. Sufficient laboratory compaction tests shall be performed to determine the optimum moisture content for the various soils encountered In borrow areas. The Contractor may be required to add moisture to the excavation materials in the borrow area if, in the opinion of the Soils Engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. The Contractor may be required to rake or disk the fill soils to provide uniform moisture content through the soils. The application of water to embankment materials shall be made with any type of watering equipment approved by the Soils Engineer, which will give the desired results. Water jets from the spreader shall not be directed at the embankment with such force that fill materials are washed out, Should too much water be added to any part of the fill, such that the material is too wet to permit the desired compaction from being obtained, rolling and all work on that section of the fill shall be delayed until the material has been allowed to dry to the required moisture content. The Contractor will be permitted to rework wet material in an approved manner to hasten its drying. 8. COMPACTION OF FILL AREAS Selected fill material shall be placed and mixed in evenly spread layers. After each fill layer has been placed, it shall be uniformly compacted to not less than the specified percentage of maximum dry density. Fill materials shall be placed such that the • thickness of loose material does not exceed 8 inches and the compacted Ziff thickness does not exceed 6 inches. Compaction, as specified above, shall be obtained by the use of sheepsfoot rollers, multiple -wheel pneumatic -tired rollers, or other equipment approved by the Engineer. Compaction shall be accomplished while the fill material is at the specified moisture content. Compaction of each layer shall be continuous over the entire area. Compaction equipment shall make sufficient trips to insure that the required dry density is obtained. 9. COMPACTION OF SLOPES Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compaction operations shall be continued until slopes are stable, but not too dense for planting, and there is no appreciable amount of loose soil on the slopes. Compaction of slopes may be done progressively in increments of three to five feet (3' to 5') in height or after the fill is brought to its total height. Permanent fill slopes shall not exceed 3:1 (horizontal to vertical). 10. DENSITY TESTS Field density tests shall be made by the Soils Engineer at locations and depths of his choosing. Where sheepsfoot rollers are used, the soil may be disturbed to a depth of several inches. Density tests shall be taken in compacted material below the disturbed surface. When density tests indicate that the dry density or moisture content of any • layer of fill or portion thereof is below that required, the particular layer or portion shall be reworked until the required dry density or moisture content has been achieved. CITY OF FORT COLLINS - PARK PUNNING AND DEVELOPMENT B-2 PDUDRE TRAIL CAWSWO AT LEMAY AVENUE CT-1 T PROJECT NO. FCDSBB I25 U 11. COMPLETED PRELIMINARY GRADES All areas, both cut and fill, shall be finished to a level surface and shall meet the following limits of construction: A. Overlot cut or fill areas shall be within plus or minus 2/10 of one foot. B. Street grading shall be within plus or minus 1/10 of one foot. The civil engineer, or duly authorized representative, shall check all cut and fill areas to observe that the work is in accordance with the above limits. 12. SUPERVISION AND CONSTRUCTION STAKING Observation by the Soils Engineer shall be continuous during the placement of fill and compaction operations so that he can declare that the fill was placed in general conformance with specifications. All site visits necessary to test the placement of fill and observe compaction operations will be at the expense of the Owner. All construction staking will be provided by the Civil Engineer or his duly authorized representative. Initial and final grading staking shall be at the expense of the owner. The replacement of grade stakes through construction shall be at the expense of the contractor. 13. SEASONAL LIMITS No fill material shall be placed, spread or rolled while it is frozen, thawing, or during • unfavorable weather conditions. When work is interrupted by heavy precipitation, fill operations shall not be resumed until the Soils Engineer indicates that the moisture content and dry density of previously placed materials are as specified. 14. NOTICE REGARDING START OF GRADING The contractor shall submit notification to the Soils Engineer and Owner advising them of the start of grading operations at least three (3) days in advance of the starting date. Notification shall also be submitted at least 3 days in advance of any resumption dates when grading operations have been stopped for any reason other than adverse weather conditions. 15. REPORTING OF FIELD DENSITY TESTS Density tests made by the Soils Engineer, as specified under 'Density Tests' above, shall be submitted progressively to the Owner. Dry density, moisture content and percent compaction shall be reported for each test taken. 16. DECLARATION REGARDING COMPLETED FILL The Soils Engineer shall provide a written declaration stating that the site was tilled with acceptable materials, or was placed in general accordance with the specfications. • CRY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT B-3 POUDRE TRAIL CROSSING AT LEMAY AVENUE CTLIT PROJECT NO. 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A eon wa,..n iarvoi eonnuwmm�«Husan.m n L� F, \ }|§• § � E \ /!§ Cl) PH §.. § � ¥ \ |§ I| .. r or » \ f ��- 2A m ^ � ----d±---- \-_ -_�«� ` • | 0 LA a I• • City of • F�ort Collins Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8008: Poudre Trail at Mulberry & Lemay OPENING DATE: 3:00 PM (Our Clock) October 15, 2014 Financial Services Pumhasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins. CO 80522 970 221.6775 970:221.6707 lc o¢coa*umhasieg 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 (also attached as a separate Microsoft Excel file) Exhibit 2 — Project Clarifications • Exhibit 3 — Revised Specifications Exhibit 4— Floodplain Use Permit Exhibit 5 — Revised Drawings 40 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 2 - 8008 Poudre Trail at Mulberry & Lemay Page 1 of 17 EXHIBIT 1 — REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNITCOST COST 201 Clearing and Grubbing LS 1 $ - 202 RemovalofTree EA 9 $ - 202 Removalof Manhole EA 1 $ - 202 Removal of Pipe LF 37 $ - 202 Removal of End Section EA 1 $ - 202 Removalof Concrete SY 311 $ - 202 Removal of Asphalt Mat BY 510 $ - 202 Removal of Riprap CY 67 $ - 202 Removal of Concrete Bridge Deck SY 183 $ - 203 Unclassified Excavation CY 157 $ - 203 Embarkment CY 476 $ - 206 Structure Excavation CY 449 $ - 206 Structure Backfill (Class I) CY 280 $ - 207 Topsoil (Remove. Stockpile, Redistribute) CY 401 $ - 208 Erosion Log (12 Inch) LF 1121 $ - 208 Concrete Washout Structure EA 1 $ - 208 Vehicle Tracking Pad EA 2 $ - 208 Erosion Control Supervisor HR 40 $ - 210 Reset Structure(E)ds6ng 165'Bddge-at Lemay) EA 1 $ - 210 Unload Stlucture(Emsting 165'Bridge - at all, site) EA 1 $ - 210 Unload Structure(E)dsting Steel Rolling - at sit site) EA 1 $ - 211 Dewatering LS 1 $ - 212 Tree Retention and Protection LS 1 $ - 212 Seeding (Native) AC 0.8 $ - 213 Mukhing (Weed Free Hay) AC 0.6 $ - 304 Aggregate Base Course(Clsss 5) CY 58 1 1 $ - 0 • (10 Addendum 2 - 8008 Poudre Trail at Mulberry 8 Lemay Page 2 of 17 • • 503 Drilled Caisson(24 inch) LF 250 $ - 503 Drilled Caisson(54 inch) LF 25 If - 506 Riprap (12-Inch) CY 184 $ - 506 Repurposed Riprap (Pipe Oudall CY 5 $ - 506 Repurpesed Riprap (Native Streambed Riprap) LS 1 $ - 514 Pedestrian Railing (Steel LF 200 $ - 601 Concrete Class CY 229 $ - 601 Concrete Class B (Headwall) LS 1 $ - 602 Reinforcing Steel LB 11562 $ - 602 Reinforcing Steel (Epoxy Coaled) LB 14100 $ - 603 241nch Reinforced Concrete Pipe LF 55 $ - 603 241nch Reinforced Concrete End Section EA 1 $ - 603 481nch Reinforced Concrete Pipe LF 24 $ - 603 48 Inch Reinforced Concrete End Sec0on FA 1 $ - 603 12 Inch Plastic Pipe LF 26 $ - 604 Manhole Slab Base (5 Foot) EA 1 $ - 608 Concrete Sidewalk(6 hch) BY 519 $ - 600 Concrete Bikeway(5 Inch) BY 791 $ - BOB Concrete Bikeway(Special) BY 167 $ - 625 Consbuctron Surveying LS 1 $ - 621 Stru une Temporary Access Road LS 1 $ - 626 Mobilization LS 1 $ - 628 Bridge Girder and Deck Unit -100' FA 1 $ - 630 TraficCmNvl LS 1 $ - 630 Flagging HR 80 $ - 630 Traffic Control Inspections DAY 30 $ - 630 Traffic Control Management -Working Days DAY 90 $ - 700 FIA Minor Contract Revisions FA 1 $80,000.00 $ 80,000.00 700 FIA Erosion Control FA 1 $10,000.00 $ 10,000.00 TOTAL BASE BID 0 IN WORDS: Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay, Page 3 of 17 EXHIBIT 2 — PROJECT CLARIFICATIONS • I. Project Clarifications: A. According to pre -bid handout, there will not be any extended warranty for this project (1-2 year). Is this the case? Yes, since there are federal dollars associated with this project, there is not an extended warranty after the project's final acceptance. Any corrective measures necessary will need to be made prior to final acceptance. B. Regarding "Poudre River Trail" details (Sheet 10-11), what is the specification for 12" reconditioned subgrade? A project special has been developed for 12" reconditioned subgrade. Please see the attached. C. Regarding "Poudre River Reinforced Trail" detail, is #4 rebar epoxy coated? All rebar associated with the "Poudre River Reinforced Trail" detail on page 10 shall be epoxy coated per Section 709 in the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Reinforcing steel will not be measured but shall be included in the cost of the work. Applicable line item for this detail is the following: 608 Concrete Bikeway (Special) SY • D. Regarding "Poudre River Trail STA 9+18.34 — 1+45" measurement, will structural backfll under sidewalk be paid under this item? Structural Backfill (Class 1) will be measured separately and paid for under the following item: 206 Structural Backfill (Class 1) CY E. Regarding "Poudre River Trail South Bank Lemay Ave Connection" detail (Sheet 11), call out refers to trail as 5" thick, yet, NOTES: 8. States this item is paid under 608 Concrete Sidewalk (6 inch) The "Poudre River Trail South Bank Lemay Ave Connection" is to be 6" concrete sidewalk, gray in color. Sheet number 11 has been revised to eliminate previous discrepancy. This section of trail is paid under the following: 608 Concrete Sidewalk (6 inch) F. What is the limit of clearing and grubbing? Limits of Construction/Disturbance can be found on sheet 20, G. Are wetlands anticipated to conflict with trail construction (Sheet 14)? 0 Addendum 2 - 8008 Poudre Trail at Mulberry 8 Lemay Page 4 of 17 11 • p F tltl r 3� qp'� G A ekM53t j4'g s£ u, .?a�'S�a^ �� a�y9y6aSay °Fi 11 I��g&�y�d��y�$GaG gg ,Y q Fd��Eg•gyp3§ `� ®s®€®A®q S5�It g 9&ddHi € e� .E EEp Y�+P EFf Gil°n OiC� e e 8 o 00 0 0a00 0� :;PIi P s P3I Site �d P9V.9 P� n n nai 4nup.rPnn H .'jinn .Q.w hP +nn n PH n 0 N @ �»g � v, pis �ed €g �p@pU5�5�� pp7gEg _•I; gg�®R®Q'9z9 g�gF. $$S*ISSj pPpEj,oES�„E ig�tl C gY a dd BSA ilia 2m pp @ H a 9 as §. }�5 B B ��eQ s1i3%a8$#Sg$;;s;�;;;;�;;;3 $3z � • Yes. As shown on Sheet 14, wetlands will be impacted as part of this project. All wetlands have been delineated. The area of disturbance as part of this project is under 1/10th of an acre so no wetland mitigation is required. The City has obtained a Nationwide No. 14 Permit for the work that impacts the existing wetlands. The City recommends the Contractor stake the limits of existing wetlands in the field prior to beginning construction to minimize impacts to the wetlands. This work shall be incidental to the construction surveying necessary for the project. H. Is the intent for ALL topsoil placement to be from strip and stockpiled, on -site, topsoil? Yes. Please reference the project's Revision of Section 207, Topsoil for additional information. Imported topsoil may be required if the Contractor fails to meet the specifications as described in the Revision of Section 207. If this is the case, imported topsoil will not be paid for separately but will be the responsibility of the Contractor. I. Will storage of stripped topsoil within construction limits be acceptable according to floodway requirements? • Yes. Topsoil can be stored within the construction limits that overlap the floodplain, but it may not be stored within the Hoodway. Please reference the plans for limits of both the Hoodway and the floodplain. J. How is the owner contemplating on delivery of the bridges as far delivery route and methodology? Is the owner contemplating backing the bridge down the 12'access/crane ramp? Per the Revision of Section 210 — Reset Structures specification, the prefabricated pedestrian bridge will be delivered to the site by others under a separate contract. The delivery site will be the bottom of the truck ramp near the south bank of the Poudre River, just east of the Lemay Avenue Bridge. Please reference this project special for additional information. The Contractor is responsible to coordinate the delivery of the prefabricated pedestrian bridge. K. With regard to the 12' access/crane ramp, there's a lot of vegetation that will have to be remove to build the access road, will that be paid under clearing and grubbing? In addition, will the owner representative mark all the trees that needs to be remove? Per the detail shown on Sheet 20, the Truck Ramp & Crane Runway is a temporary access road constructed on existing subgrade. The limits and location shown on the plans are approximate with the final configuration of the • road to be approved by the City prior to construction. Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 5 of 17 Any vegetation, including trees up to 6" in diameter, necessary to be removed will be paid for under the Clearing and grubbing line item. Trees larger than 6" in diameter to be removed will be paid under the Removal of Tree line item. L. In case of high flow, who will be responsible for the access ramp/crane runway if the material wash away or erode away? Is type 7 barrier be allow to protect the class 6 from eroding and washing away on the West Side of the access/Crane Ramp? Per the Revision of Section 621 — Structure Temporary Access Road project specification; the Contractor shall maintain the temporary access road throughout the duration of the project. The Contractor shall not construct the temporary access road during the flood season (April 15th through October 1st). M. Regarding delivery of bridge can we close down Lemay Avenue? Temporary lane drops along Lemay Avenue may occur between the hours of 8:30 am and 3:30 pm or as approved by the City. The City recognizes that a brief closure of lanes may be necessary to facilitate bridge delivery. The City will not approve a full closure of Lemay Avenue during the day but would entertain a night time closure of Lemay if necessary. All traffic control necessary to construct this project will need to be approved by the City of Fort Collins prior to implementation. The Contractor shall be • aware of and sensitive to impacts to business access if lane closures are requested. N. With regard to delivery of the existing bridge, will the bridge be deliver to a certain designated area or will the bridge be deliver to the desire staging area at the contractor request? Per the Revision of Section 210 — Reset Structures specification, the delivery site will be the bottom of the truck ramp near the south bank of the Poudre River, just east of the Lemay Avenue Bridge. O. After visiting the site and talking with the crane operator, in order to set the bridges the crane staging areas needs to be a minimum of 40' x40', the plans shows a 12' runway? That seems insufficient for the size and length of the bridge. Is their flexibility to enlarge the ramp and runway? Per the Revision of Section 210 — Reset Structures specification, the Contractor is to submit the actual location and dimensions of the access road to the City for approval prior to construction. The access road shall be removed and the site restored to its original state upon completion of its use. Please reference the project special for additional information. P. After speaking with a crane expert, he indicated that access for both north and south side are required to set the 100' bridge and 165' Bridge otherwise the bridge splicing will have to be done in the air, given the access for the site that . Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 6 of 17 • doesn't' seem cost effective and constructible? In addition, there is a lot of vegetation in the way outside of the removal limit. Based on the site visit, some need to be remove to provide clearance to set the bridges. Who is responsible for removing those vegetation? The project site can be accessed from both the north and south sides. Please reference appropriate access exhibits in the contract documents for additional information. The Contractor is responsible for removing necessary vegetation as outlined within the bid documents. Q. Can we access off of Lemay Avenue on NE Comer of the Poudre River or SW Corner of the Car Wash? No. The north side of the site can only be accessed through existing easements as shown on the access exhibit included in the contract documents. R. What's the approximate weight of the 165' bridge with the concrete deck? Approximate weight of the assembled structure per the shop drawings is 78,000lbs per span. Please reference the shop drawings in the bid documents for additional information. Contractor is responsible for verification of weight as this information is provided as 'For Info Only". • S. After speaking with the Bridge Representative and the Crane Expect, they indicated that relocating the bridge with the concrete deck will jeopardize the concrete and structure integrity of the bridge? Who will be liable for the bridge? In additional, given the weight and size of the bridge plus the concrete deck, it's almost not possible to lift and set the bridge. C, Once the prefabricated pedestrian bridge is delivered to the site, the City and Contractor will inspect the structure noting its delivered condition as well as agreeing to any additional work needed. Upon completion of this initial inspection, the Contractor will be responsible for the handling and placing of the prefabricated pedestrian bridge. If damage occurs from this point forward, it is the Contractor's responsibility to perform repairs at his cost. Please reference Revision of Section 210 — Reset Structures for additional information. T. After speaking with the bridge rep, he indicated that demoing the concrete deck will possibly damage the integrity of the bridge? Is the owner open to buying new bridges instead of reusing the existing bridge. It seem more cost effective and there a lot less liability on the owner and contractor if new bridges are bought? The intent of this project is to reuse the existing 165' pedestrian bridge as opposed to purchasing a new 165' pedestrian bridge. Contractor should bid this item per plan. Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 7 of 17 U. The plans shows the bridge crossing over the middle island in the Poudre River, • there doesn't seem be enough clearance from the bottom of the bridge with the existing vegetation from a visual standpoint, if that's the case, who is responsible for removing the vegetation? Any additional vegetation to be removed other than what is shown on the plans shall be discussed with the City prior to any removals. If it is determined additional removals are necessary, a cost to perform the removals will be negotiated. V. Are we allowed to track machine in the Poudre River or will temporary crossing be required? The intent of the Truck Ramp & Crane Runway access road is to provide a temporary roadway to access areas necessary to construct the planned improvements. W. On Sheet 11, the caisson data chart shows all caisson to be approximately 25', Based on the detail dimension for the 54" Caisson, the total length shown is 27.5% but it also show 1.5' to 4' Dimension the bid schedule shows it to be 25', should we bid the Bid Schedule Quantity? Yes, please provide a price for the quantity shown in the Bid Schedule. X. Is steel casing required for the caissons? • Per Sheet 31, the Contractor should be prepared to provide temporary steel casing in order to maintain a stable open excavation. If steel casing is required, along with de -watering, this will not be paid for separately but will be incidental to the cost of the caissons. Y. With regard to concrete material, most concrete vendor sent out notice that price for concrete will increase after January 1 but are uncertain on the price increase? Is there any flexibility for reimbursement for price escalation? No. Any anticipated increase in cost of materials will need to be considered by the Contractor prior to bid submittal. II. Pre -Bid Clarifications Resulting in Changes to the Bid Documents: A. Can you provide clarification on Contractor responsibility with respect to receiving and placing the prefabricated pedestrian bridge? Once the prefabricated pedestrian bridge is delivered to the site, the City and Contractor will inspect the structure noting its delivered condition as well as agreeing to any additional work needed. Upon completion of this initial inspection, the Contractor will be responsible for the handling and placing of the prefabricated pedestrian bridge. If damage occurs from this point forward, it is the Contractor's responsibility to perform repairs at his cost. Revision of Section 210 — Reset Structures has been updated to include the above. Please reference this specification for additional information. . Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 8 of 17 • B. Will a bridge erection plan stamped by an engineer be required? Yes. Please reference Section 509 — Steel Structures of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction for additional information. The bridge erection plan will not be paid for but will be considered incidental to the resetting of the structure. III. Additional Revisions to Project Plansheets, Specifications, and Bid Tab: A. An existing 42" reinforced concrete pipe, 42" flared end section, and concrete headwall were not previously shown on the plans. These existing improvements are now shown. Please reference revised sheet number 16 for their location. Given their location and the planned access route to the project site, the City anticipates damage to a portion of the above. The following line items have been included in the bid tab: 603 48 Inch Reinforced Concrete Pipe 24 LF 603 48 Inch Reinforced Concrete End Section 1 EA 601 Concrete Class B (Headwall) 1 LS B. The Floodplain Use Permit for the project has been included with this addendum. L • Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 9 of 17 EXHIBIT 3 - REVISED SPECIFICATIONS FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISIONS OF SECTION 306 • RECONDITIONING Section 306.02 shall include the following: The top 12 inches of the existing subgrade shall be reconditioned by blading and rolling. BASIS OF PAYMENT 306.03 Reconditioning will not be measured and paid for separately, but shall be incidental to the work paid for under Section 608 Sidewalks and Bikeways. • • SP-1 Addendum 2 - 8008 Poudra Trail at Mulberry & Lemay Page 10 of 17 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 • REVISIONS OF SECTION 601 STRUCTURAL CONCRETE r\ U 0 Section 601 shall include the following BASIS OF PAYMENT 601.20 Reinforcement will not be measured and paid for separately, but shall be incidental to the work. Payment will be made under: Pay Item Pay Unit Concrete Class B (Headwall) Lump Sum Payment will be full compensation for all work necessary to complete the designated pay item. Addendum 2 - 8008 Poudre Trail at Mulberry & Lemay Page 11 of 17 FEDERAL AID PROJECT NO. STE M455-105 CONSTRUCTION PROJECT CODE NO. 18399 REVISION OF SECTION 621 • STRUCTURE TEMPORARY ACCESS ROAD Section 621 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 621.01 This work consists of constructing and removing a temporary access road for the pedestrian bridge structures being built on this project, as called for in the plans. MATERIALS 621.02 The temporary access road shall consist of Class 6 aggregate base course and geotextile for separation. Any change in these material choices made by the Contractor may be submitted to the Engineer for review. Regardless of the final material choices, the Contractor shall ensure the quality of the actual materials being placed. 621.03 The plan view and typical section that are shown in the plans depict one possible way of accessing the site for the purpose of installing caissons, delivering materials, and erecting the pedestrian bridges. Prior to the start of work, the Contractor shall submit the actual location of the access road and the actual structural roadway system design based on soil conditions on the south side of the river. Traffic control shall be submitted along with the Method of Handling Traffic (MHT) and the Traffic Control Plan. Work shall not begin until written approval of the access road location and structural roadway system design has been received from the Engineer. CONSTRUCTION REQUIREMENTS The Contractor shall maintain the temporary access road for the structures being built on this project throughout the duration of the project. The Contractor shall not construct temporary access roads during the flood season (April 15' through October 10). The access roads shall be removed and the site restored to its original state upon • completion of the use, prior to start of the spring runoff. All pavement markings and traffic control devices shall be in accordance with the traffic control plans. METHOD OF MEASUREMENT Structure Temporary Access Road will not be measured, but will be paid for as a single lump sum where the access road is constructed, maintained, and removed. BASIS OF PAYMENT 621.04 The accepted quantities for temporary access roads measured as provided above will be paid for at the contract unit price bid. Pay Item Pay Unit Structure Temporary Access Road Lump Sum Payment will be full compensation for all work and materials required to complete the item, including, but not limited to, aggregate base course, earthwork, geotextiles, maintenance, and all work and materials required to place and remove them in order to term the site to its original state after the construction process has ended. Partial (50%) payment will be made upon completion of the roadway and the remaining amount will be paid upon project completion. SP-1 Addendum 2 - 8008 Poudre Trail at Mulberry & Lamay Page 12 of 17 EXHIBIT 4 - FLOODPLAIN USE PERMIT E • • Attach$25 application fee, payable to City of Floodplain Use Permit Builtling PermitR Fort Collins. If floodylain analysis is required, (City of Fort Collins, Section 10.27) attached additional $300 for a total fee of $325. Section A: Owner , Property _ PetitwnerNametthAeiweslCanuGl4gGroup I i.-.....�..�... _.......-.- _ _ ._� _..._i Owner Name _ _ Adtlress1215 h AdNeea 18WAsh Sheet _ I City. Slate: C_ _ O Zip �tB0550 Cily'Liiotl Collins," tic Plmne 4e41091 Phonel(970) 221- Contact Email(. wR NW_WrWes*ry:wm Contact Email'` Property address or location . - -�_ Saumweetmrnerof Mulbe(iy Bt eM Lemay Ave and eas[of LemeyAll B Fod Wins, Section B: Proposed Project Information • Description of project p� fl eieenshn end_pedediian X •Slmctural: ❑new structure (Building) ❑addition ❑remodel []redevelopment 5 ❑mobile tromelbuilding ❑attached garage []accessory structure ZNIA to • Non -Structural: ❑return to existing grade ❑change of use mexweatlon ®RI a n 2 m •Other: CanaNe;T eM.P. •Existing Use: ❑residenfal ❑non-residential ❑mbred-use ❑vacant and ❑ROWldraloage easement Mother FM • Proposed Use: ❑residential ❑non-residential nixed -use ❑ROWldminage easement ®other • If non-residential or mixed -use, describe in detail: • Critical facility! ❑yes Ono • Type offoundation: ❑slab on grade ❑basement []enclosed area not sub-gmde ❑ areas, l a e ✓ I ❑Other A'Ice Remodels, Damaged Structures and Redevelopment Only • Cost of improvement for this project: (submit Ilamiaed cast list of improvements) $ •Value of Bhuctura(subme Carnty essessolsoreppmdo/s valuation protectoral ; 0 sp_. -•-Cumulative value0f a1PW2anands: rb� Section C: Floodplain Information •. Floodplam Designation: =. >, Flootlplaln name: ":"•.(rrL , :. ,... .„, WFIRP • FEMA Zone: ❑A KJAE ❑AH ❑AO ❑X 500 ❑X FEMA Base Flood Bavatio_n (BFE)! ItNGVD29 RNA •. City Zone; ❑100-year �a City Base Flood Elevation (BF.E): ft NGVD29 • Regulatory good elevation(highest BFL4lreebpa4 ItNGVD29 ft NAV05d •Flodvary yes ❑fro (ids, Inciuda fechnlcal evaluedM fhatsirows hu-rrse'per4tyCosts • Erosion Buffer ❑yes 2no Updated November 2011 Page t Addendum 2 - 8008 Poudre Trail at Mulberry 8 Lemay Page 13 of 17 Section D: Survey Requirennents Vertical Datum Conversion: NGVD29e38R4NAVD88 1kr droncafz •Structure is: ❑dwelatl Elmled 65* • It Oondpoafed, describe method u • Benchmark used.c &bd8-02 • Elevation of benchmadt: A NGVD29 • Lowest existing ground ele aft It NGVD21 • Highestexisling ground elevation: • NGVD29 • Loved finished ground elwaltun: 492L0 ftNGVD29 • Highest foished ground elwetiun: !4A$ti'R NGVD29 • lowest floor elevation (re/e•m Code 103711g: ANGVD29 NAVD88 • Elevation of garage slab: jift NGVD29 NAVDBB • Lowest elevation of HVAC equipment fl NGV029 fl NAVDBB • Enclosed area (na ekvateda•womdpm0w fl1 • Numberdvans: N • Ame of venting: ®Inr • Requesting a variance from City Code? ❑Yes ®no ayes, abanh valance applicamr,whaddoonal$300 snancele. Varienceaptolkaenlan be oblenMeamFort Coatis Leskls. Varlaroere7ue9 re Amer mrsohadon by Winerboard. Attached WA • SWc .'Aftx h bOding pbm shavnng fwndalion deem, Baal elevation, Boar elevaUws, WAC eievasaa. ❑ m •SHe wmrk•AAadl site and grading pans and other relevant thermal m ❑ • Propertyin 800dwa . Attach No-Rhe Certification and documentation. m ❑ Freeboard A Indhss Aaebosrd • Paudm NiverFwboard: Twanty four(24) Inches some the baser two elevation. • FEMA basin ANO CAybasin lrxbean/.• -New wnslruc'tion and redevelopments: eighteen (18) Inches stave base flood elevation. -Additions and substantial Improvements: six (6) Inches above base flwd elevation. -Accessory structures: six (6) Inches above base flood elevation or meet venting mqulrements. Sgnature of petitioner. •,.t Dale: 9-12-14 Signature of owner - Otle:G (2 N floadp'ain Use Pet wad L7deniedl � Pa ,.... gg SgnattrrolotBabop{akl edNnistm'cc `�iL�I,wf,�-w-s.--�z ,tL';�.�fiommentl'. 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If delivered, they are to be delivered to 215 North Mason Street, 2n° Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of 8008. The Work includes the construction of pedestrian trail and pedestrian bridge improvements on the Poudre River Trail near the intersection of Mulberry and Lemay. The project includes construction of concrete bridge foundations, concrete bridge abutments, and the setting of a new steel pedestrian bridge structure and a re -purposed steel pedestrian bridge structure that will be delivered to the site by others. The project will also consist of standard concrete trail construction, grading and rip -rap placement. • This project is a CDOT administered project with Federal funds being contributed. There are no UDBE or On -the -Job Training Program goals associated with this project. • Contractors must turn in CDOT Bidding forms 606, 1413 and 1414 with the bid. Bids will not be accepted if these forms are not included. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. 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 2:00 PM, on September 30, 2014, in the Community Room located at 216 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: wvvw.rockvmou ntain bidsystem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond • • guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of 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 Purchasing 8 Risk Management Director u 0 SECTION 00100 INSTRUCTIONS TO BIDDERS • • • SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ad.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and • ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (a) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. • 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division, 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as • having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACTTIME. 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. 6.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request • the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any 67 • • wj 3EE � r y2y8$:aBa 6t^ m yy 2pp�AS� S bddd@bb � WIN tip b EEW sW� pp Ng $s 4 wp 8p ( p P� R W a 111 pp W Ygp 18 GpA 4', Y �8€1dY1w,ggsy§!P!51 1li 1 8e iSiNY;It9 Wirt :_ � . W� s� e@ . $ n � s n,. iWi�� cs n :a substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the • secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and i ishall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. • 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would • not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the • award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY, The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. • OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION `J u SECTION 00300 BID FORM i • • SECTION 00300 BID FORM PROJECT: 8008 Pouore Trail at Mulberry & Lemay Place Fort Collins,CO Dale oemberis.zma 1. In compliance with your Invitation to Bid dated Surber 16 , 20yq and subject to all conditions thereof, the undersigned Welsh Construction 1ne. a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. & Accompanying this Bid is a certified or cashiers check or standard Bid bond in the sum • of 5% ($ 1 in accordance with the Invitation to Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds are as follows: F 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether sp=cifically 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 z . 0 8008 POUDRE TRAIL AT MULBERRY A LEMAY ADDENDUM 2 - REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNITCOST- COST 201 Cleaan0 and Grubbing LS 1 $30,00.00 $ 30,000.00 202 Removal of Tree EA B $800.00 i 5,400.00 202 Removal of Manhole EA 1 f1,500.00 i 1,500.00 202 Removal of Rpe LF 37 $10.00 i 37DA0 202 Removal of End Sedlon EA 1 $250.00 f 250.00 202 Removal 0Conds,le BY 311 $20.00 S 6,220.00 202 Removal of Asphalt Met SY 510 $20.00 $ 10,200.00 202 Removal of Rlprep CY 07 $8.00 S W6.00 202 Removal of Cendab Mode Deck SY 1B3 $25.00 f 4.575.00 203 UneleeeMed ExeevMlan CY 157 $38.00 f 5,I95.00 203 Embankment CY 476 1110.00 i 19,040.00 no Stiuduce Ekmvsiin CY 49B 530.00 i 13,470.00 205 Sloudure Bowil(class 1) CY 280 $55.00 i 15,400.00 20 Topsoil(Remoee, Stockpile, Redistribute) CY 401 $20.00 i 81020A0 208 Erosion Log(12 Inch) LF 1121 $5.00 $ 5'WIL 0 2011 Conerela WaWout Structure EA 1 52,000.00 f 2,000.00 200 Vehkle TmclUat Pad EA 2 $2,600.00 i 5,000.00 208 E.I. Coned Supenaeor HR 40 $50.00 $ 2,000.00 210 Reset Structure(EMsting 165' Bdage - at Lemay) EA 1 $75,000.00 $ 73,000.00 210 Unload Sbuclere(E)dsbng 165' Batlpe - at all. alb) EA 1 58,000.00 f 8,000.00 210 Unload Smote. (Ulling Steil Railing - at SR, its) EA 1 SS,OOOAO f 5.000.00 211 Downswing LS 1 530,000.00 i 30.000.00 212 Tres, Retention and Prolation LS 1 $5,000.00 i 5,000.00 212 Seeding (Native) AC 0.5 $4,000.00 i 2,400A0 213 Mulching (Weed Free Hay) AC 0.6 $6.00.00 f 3.900.00 Sigel Aggregate Bess, Coums,(Class S) CY 5S 550.00 $ 2.W0.00 503 Drilled Celseon (241noh) LF 250 $100.00 f 25,000.00 503 Drtibd CeUson(54 Inch) LF 25 f1100.00 i 15,000.00 508 Been(12-Inch) CY 184 WOOD S 18.400.00 508 Repmpewd Rlprep(PIpe OUMM) CY 5 $100.00 i 500.00 I0 ITEM NO. ITEMOESCRIPTION UNIT QUANTITY UNIT COST COST 508 Repurposed Ripen, (had. Slreembed Ripmp) LS 1 $7.600.00 $ 7,500.00 514 Pedaed. Rallied (Steel) LIF 200 $100.00 $ 20,000oll 601 Colorado cis.D CY 229 5500.00 $ 114,600.00 601 Concmle Class B (He 11) LS 1 $3,000.00 $ 3,M.M 002 Reinfoncing Steel LB 115U SIX S 11,582.00 002 RBIMaGng Steel Mposy Colonel) LB 141M $2.00 $ 2&200.00 003 241nch RelMomeel Concrete Pip LF 55 $72.00 $ 3.M.00 603 2A Inch Reinforced ConaNe End Borden EA 1 $800.00 $ 800.00 603 48lnch Reinforced Coiwrele Pipe LF 24 5125,00 S 3.000.00 BST 481nch Reinforced Concrade End Sedbn EA 1 SI,00D.00 $ 1,000.00 673 121nch Plead. Pipe LF 28 $65.00 $ 1,890.00 804 Manhole Slab Rose IS FooQ EA 1 SIAO.00 5 3,500.00 808 ConmPoe Sidewalk IS b ch) SY SIR 1 570.00 $ 38,330.00 NO Conoma Blkawey IS Inch) SY 791 $90.00 $ 71,190.00 608 Concede BlkeweY(special SY 167 $172.00 $ 28,924.O1) us Construction Surve14O LS 1 19,000.00 $ 9,000.00 Sol Shuctem TempareNAcceaa Road LS 1 $30,000.00 $ 30,000.00 620 Mobllizetlan LS 1 $13210" S 132,09200 an Bldge OMer and Oadk Und-ISO EA 1 $133.mm $ 133,142.00 630 Tram. Caidrcl $12.500.00 $ 12.50a00 830 Flagging E28.00 $ 2,24000 030 Traffic Cooled lnspaNuns $120.00 S %iho 00 no Traffic Control Management -Working Dennis JFA1 H00A0 S 54,000.00 700 FIA Mi. Cahouet Revlslon, WIND.00 $ W.Domoo 700 FIA Emebn C0n0cl $10,000.00 $ 10,000.00 TOTALSASESID S 1,127,711.00 IN WORDS: One Millen One Hundred Twenty Seven Thousand Seven Hundmd Eleven vADO • WALSH CONSTRUCTION. INC 8139 OPEN VIEW PLACE LOVELAND. CO 80537 (970) 622 =7 The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Walsh Construction Inc. CONTRACTOR BY: Matthew T. Walsh OR President Title CI-119 License Number (If Applicable) (Seal - if id is by corpoyat an) Attest: Wn•c n l Address 8139 Open View Place Loveland, CO 80537 Telephone 07n_411_u»7 Email mah walahnnnctmcYnn nc October 15, 2014 Date J • SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • 0 1g 1 ; �d 8` gH e I ass 3 0 �;, 3�fi4f S� 4r& °ur ° 5�'RS �e&eees�k��aK�Ee�E4��gEem j®sNO ymg8��,82d.3$��44 mm LL W� 6 ZZy y° �+ g5g ] p yhk 6 G yy q6 ox W gg gg W €y .II4-I 1..11 • • I• SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Wulff, Censwnfion, mn. as Principal, and*as Surety, are hereby held and firmly bound unto the City of Fort Collins. Colorado. as OWNER. in the sum of Fy, Parxent fS%l ofthe Total ($ s%" 1 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 CCU of Fort Collins. Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8008 Poudre Trail at Mulberry & Lemay. NOW THEREFORE, (a) If said Bid shall be rejected, or • (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed In accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connectlon therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way Impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. • - Employers Mutual Casualty Company " or the Total Amount Bid IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 15 day of OC bar , 2014 • and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Walsh Const.0.n.Inc. Address: 81390pen View Plaoe Loveland. CO 80531 By: 4f ewT• Walich Title: 'P RQ91Pe taT ATTE : By: & W/ SURETY Employers Mulual Casually Company P.O. Box 712 Des Mines, IA 50306 By: \i)rrXlJ_.tMllz� Title: Ashley K.Mderaon1Atlomey-In-Fact \ (SEAL) (SEAL) 10 • • • /EMC. INSURANCE P.O. Box 712• Dee Moines, laws 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employees Mutual casualty Company, an Iowa Corporellon S. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance company, an Iowa Corporation 6. EMC Properly 8 Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporallan 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as'Company' and collectively as'Comp rules°, each does, by these presents, make, consiltute and appoint: TIMOTHY J. BLANCHARD, ASHLEY K, ANDERSON, JONATHAN B. LAND, ROBERT CHARLES TORREZ, VICKIE GOLOBIC, BRIAN MAYER, TERRI L. REESE, BROOKE DIANA LEE BECK, ANITA CLAYTON KELLER, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful affomey-Inlack with full power and aulhodty conferred to sign, coal, and execute the fallowing Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as If such Instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to The authority hereby given are hereby retitled and cenlirmed. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-AUoeey is made and executed pureuant to and by the authority of the following resolution of the Beards of Members of each of the Companies at the his[ regularly scheduled meeting of each company duly called and held In 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint alforrreys m-face and aulhodze them to execute an behalf of each Can my and allnh the seal of the Company thereto, bands and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereorand (2) to remove any such altaney4n-fact at any time and revoke the power and authority given to him or her. Allomeys-In-fact shall have power and authority, subject to the terms and limitations of the power-off-atlorn ry Issued to them, to execute and deliver on behalf al the Company, and to attach the seal of the Company thereto, bonds and undertakings, reopprumroes, comrads of indemnity and other writings obligatory to the nature Ihered, and any such Instrument executed by any such attanepIn-lact shall be fully and in all respects binding upon the Company. Certification as to the validity of any powero4attorney authorized herein made by an officer of Employers Mutual Casually Company shall be fully and in all respects binding upon this Company. The facsimile a mechanically reproduced signature of such officer. wbelherm rde heretofore or hereafter, wherever appending upon a coMfied copy of any powenof-aftomey of the Company, shall be "lid and binding upon the Company with the same torte and affect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each M Ihek officers as shown, and the Corporate seals to be hereto off axed this day of June, 201 Sea 0, Seals AVg2 `,et"'°ti; %: • ti:`i BNce0.Kelay,Chehman Mlchesl Final SEAL gF188883 hE:'E 1953 '-` of Companies 2, 3, 4,586; Predtlent Assistant Secretary InCompanyl;Nce Chairmenand CEO o(Camprny7 "';;;,�,, p�;H;;;; „ ;;; %•,,, On this 221d day of June, AD 2010 before me a Notary Public in and forms Slate of Iowa, ^`y a; •,' •'rP;•- y parsona0y appeared Bruce G. Kelley and Wheat Friel, who, being by me duty swum, e "' w"•'• ' -€= s'p°"c' j° do say that In" are, and are known to me to be the Chalmette, President, Vice Chairman SEAL ; .; •. SEAL,'- -i_ji SEAL tog _ and CEO, and/or Assistant Secretary, the seals of oleachd corporations; orati Companies;thatsi above; that was seals signed and to Nis Insbueanl are the feels of span corporations; ty of sad respemenl """ - was ofand sedatl on behalf of each of the Companies authority al linear respective " Boards le gee th a and that the sand Bruce G. Kelley and Michael F act a, d such and the UTL voluntary act a the execution h of Instrument to be their voluntary act and dead, end Na 9 voluntary act and deed of each of has Companies. E u r LAUREL A. BLOBS My Commission 6glres March 13, 2014. COMMISSION N0. 103662 '�-� yin /y Id/�^` 4-4j MY MMISSIONEXflRES ()-PL JJt.I.C_ez ygNEe. rnB � — '3 •-I Notary Public In and its the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby newly that the foregoing meNullon of the Boards of Directors by aeon of the Companies, and this Power of Attorney Issued pursuant thereto on 22nd day of June, 2010, are two and corrocl and are still in full force and effect. In Tesllmony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 15th day W October , 2014 �� Vice Pmsdent SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: Walsh Construction Inc. 2. Permanent main office address: 8139 Open View Place, Loveland, CO 80537 3. When organized: Dec 1998 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 16 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) see attached 7. General character of Work performed by your company: G.C., Municipal Construction, Concrete, Sltework, Civil Bldg., Perk Construction, River Stabilization, Erosion Control 8. Have you ever failed to complete any Work awarded to If so, where and why? 9. Have you ever defaulted on I• If so, where and why? 10. Are you debarred by any government agency? no 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. Fire Training Center $373,231.70, October 2014, Civil; Trail Construction Aspinwall ® Josephine Commons $1,230,711.00, October 2014, Civil; Structural concrete & utilities Weld County Bridges Flood Repair $287,711, August 2014, Civil; Sructural bridge repairs • 12. List your major equipment available for this contract see attached list 13. Experience in construction Work similar in importance to this project: Fossil Creek Trail Q Stanton Creek $537,088 / City of Fort Collins; Craig Kisling 970-221-6775 Fire Training Center $373,231.70 / City of Longmont; Alden Jenkins 303-561-8567 Army Reserve Center $846,000 / Greenleaf Construction; 14 W333-3345 14. Background and experience of the principal members of your organization, including officers: see attached resumes • 15. Credit available: $ 4 m1I 16. Bank Reference: Adams Bank & Trust; Greg Harrell 9M667-4308 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General If yes, in what city, county and state? Pt rnnfinsIn valann I a.lMar r•nty I nngmnnt, rroolav Weld County and more What class, license and numbers? various 19. Do you anticipate subcontracting Work under this Contract? Yes 5% rigging, 2% calsson drilling, less than 1 % tree removal If yes, what percent of total contract? 15%tramc control And to 20. Are any lawsuits pending against you or your firm at this time? no IF yes, DETAIL 21. What are the limits of your public liability? DETAIL 2.000 000. What company? United Specialty Insurance 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidders Qualifications. 11 Dated at Loveland this 1 Rth clay of October , 2014, Company: Walsh Construction Inc. By: Printed: Matthew T. Walsh Title: President State Of Colorado County of ; ,,,,,, T Walsh being duly sworn deposes and says that he Is President Of Walsh Construction Ina (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. • Subs ribed and sworn to before me this 1 sth day of October , 2014. (,f/llC4, / P4d AN T�IALL Note blic 6TRMUNDvam ry E,.W.MTI;0-cAosim1mnsseeat•'ovslear,zmr My commission expires: 11-30-2017 0 CAP f0/15r1014 114 - Lemay Ave, Magnolia and Mulberry Ovmec City of Fod Collins ttaR O�L014 215 North Mason, Ft. Collins CO 80521 _ _- t -i-- - Bat Md5 -dey4 970-221-6775-Fet2214707 -- -- - - --- -- 2546 Hwy 34, Drake Owner. L•Mnar0ounty Lea rfi 3/14 �2W W. D-5 St., 9000798 Collins CO 80511 _ 97W9B-69b4 964 __-7,__ _ Mtbnd Fa 169ka48B-5]80-Fax a98-]986 ___. ...____. _ ... _... ..._—__... _.. 1anwa CR fBE, Pole Hill Rtl.80537, near Carter Ldur __ _ Owner- Lanmer Cou1190.F Maa8.5724n /a0 x 1190 FL CO 60512-1190 - -_ _ 970.4986124 _,etart0 d—a. -_ esl en �6tllya -197 O 49 W8049B 5]00-Fax 99BJ8B6 Fax �nfidiai >Fon941anTn�1'.btd" _ 6887 S Taft, Landfill " ;O.Jner. Laidese20W Oak rlySt, �Les9&59 -4 Oak St, 4000 Ff. Collins,CO 60521 ext-starend-669M61dwa eat end BD detm ' 978 Fax 9]80-498-5955-Fax 498-5959 titownzid��Iarm�00� ""--- brmnxTd( -- �--- -Project i.. .Hyaft Place I rINA a .:... 300; a Pearl, Boulder eteh 9I20i2014 Owner: MllenderWh9a Conabucllon CO. --- Davin Csaror _ _ _ _ job HPBauWorLLC - _ 720-415-a42A ealende0dey 12655Wast59fh Dr _ . Arvada, CO 80002 .. —__ -.. ._—..... i 1121 ➢oulh Prew _ _ ._...._. Mlsmod Axe. A&Ratl Pew _ start 71614 bwnac .CltyolLwigmont �_ _Pau b__Aft—�____ ,_ bat and ab 0 Pubes RbrksB Nefl Aesaurces 308-fi61.631D _... _. --- ._ IHOOnart.Seamen S. _ ... ¢jJ�zOereltl�dl.lonbm0� j-_ - Lon9manL CO Bost . - e0501 17 300-65f-laf)-Fa'903661JCf2 102-14 rolad: 2014 oncreBlan Owner. I01yofLovelantl mike.bryerd�tlNofloyeland.of0 all year 2014 _. Publk Worts Da pt .. .._.._ 2615 W1 15L-Loveland co Bo53)_.. 197 O 9612627 - Fax 970 962290E _ 862_25d9 FaX 862-2DOD- "j 101-14 fol ver KOSTOMUOn a Wattlefere70C k'.. EXP 11114'Clubhouse 777 E Lincoln Ave. Owner. !CltyofH. Collins _- _.,, ;300 LaPorte An., Ft Collins, CO 80622 Mabem�Rml•m•YL9n llrcda Eats,from UecoN___ _sled 02H0@014 Ear Md D9C 201 iD70.22f 6775. Far 2216707 Over Rep_Wm ]Bwcn Co., LLC 1315oakid9e Dr., Ste 100 wmtWB� . __. —_ _ Office., 591 Denver Ave, Loveland, CO 80537 Mailing: 8139 Open View Place • Loveland, CO 80537 (970)622-8227 • Fax-(970)278-9396 WALSH CONSTRUCTION M. EQUIPMENT LIST 101161E014 • 0 � 2001 6N wTeel - 19w eA --- 1984 1987 20M 20M 2010 rx czsoonofr�axaj zu9s 19112 wI,TrwklEM i.... A09 -. . "M Yly Tmck _. _... d yTNG _ I. "a 'nl_09. er WON 1888 I zolo 3000 ._zoos__. 1899 _. _. ... mii._-.. np Tmce I8ed 189e Loac LOeEer Reline _._ 1n4mWIC 1809 1990 H. NyNaulic Hwnmar_ z990 L3 MI ExmveW _ T006 er _.I _ Z006-__ - _. .. YOY? i i 1971 R111< Mbratm ]c00 -- Ic apr_ - 1482 W SIpI ax0edhoB qab cOmPap107- .__. -_- umpllp JeMTemper_ ... I mar ROOK _ ,�_. —_ _._ _•__ In6 J�I_Ig Jerk.. _._ _ 08tl.AemO !RGenenlw - IThvOb ._:. ' Ia1I5000 NW ben SeVNavla36 --- --- BecAhae Pole Camcbr reswr_ _ cevenr ThunO INiInE Concieb Sew dl ' OGolnntle VlMlora _�-.- ._- awure Y001 Prep Hiww pe10ier- EDUCATION B.S. - Construction Iv Major GPA. 3.0/4.0 Course Coatent: C Wash 4 Colorado State University, Fort Collins, CO 80521 •1997 Project Administration, Scheduling & Planning, Contracts, Construction Estimating, Safety , Labor Relations, Elementary Structural Design WORK EXPERIENCE Walsh Construction, Inc. Loveland, CO. General Contractor • President/Owner July 1998 - Present R.D. Stewart, Inc. Loveland, CO. August 1997 - July 1998 General Connacmr, Contact: Dave Hall (970) 669-1500 • Project Manager • Oversaw project operations for commercial and multi -family construction • Project estimating, budgeting, scheduling, cost control, general administration • Negotiated, wrote and organized all subcontracts • Performed on -site supervision • Reported to Divisional Operations Manager Amma Construction Corp. Huntington Station, N.Y. Simmers/Winters 1988-1997 Civil Construction, Contact: Prescott Amm m;ll (516) 351.6124 • Supervised operations related to concrete, snework and steel fabrication • Assisted in project estimating • Modified company's job cost control system • Diagnosed possible managerial problems in company • Assisted office engineer in everyday duties • Assisted in organizing and maintaining companies shops and yard • Operated wide range of heavy equipment • Drove tractoduailer combinations to move equipment and materials to various jobs • Performed general labor duties Self- Employed, Walsh Contracting, Northport, N.Y. Smmners.,1993-1995 Residential Landscape Construction - • Initiated company's existence • Commeted work related to residential landscaping • Planned, organized and supervised everyday operations 4ppd Use Environmental Corp. Parting Hopow, N.Y. Sumner 1993 • Performed general tasks in accordance with marsh and wetland renovation • 0 3 veeveeaep vegp...........ee o a opReo..pa�� e e e v e v e e e.... o o o oo jffi59�5MGGGGGGGGffi.3�$333hnYYG��GEnsGffiA�aSSGUGyhh�hR'gbS: Y$b$Ey E_EEEbES �yi tl ike obCx3rg�3 gg d EEgg ffi �EyEE pypy Y88k35.@ ppgg''ggg ppEE �gg CCU >u i R & a4 ICURCUEE gg EEaE $fi as€ ��¢¢ 9 ggg A INS CIO QE $pppppppppppppppppAppppp82Appppp�55p®®®p®®®g7gAg®9gkp a g.....e aAtla�SRRPSRRApRtRRgARaaRRffiRRPRR9CtlffiEaR:ffieaNa ' M AS S U RY CONSTRUCTION MANAGEMENT www.AsburvConstruction.Net Celine E. Asbury I Caune@Asburyconstruclion.uet i C 303-506-176410 303-651-7976 1 F 720-221-0772 Focused on preconstruction, detailed planning and estimating Celine adds immediate value to any project with over 11 years of industry experience. Celine's ability to dive into the detail and find cost savings is remarkable, she can value engineer and balance any budget. Strengths Pre -Construction • Project Management • Estimating • ValuelCoat Engineering • Pmjectconuols • Scheduling • CormaetNegotiations/Athrm • ProjectEngineering • Experience Owner Asbury Construction Management Longmont, CO. (4/05 — Current) Owners Representation and Construction Management services, focused on pmconstructiun services, effective management and successful project delivery. We have built lasting relationships with clients throughout Colorado and the Country. Our goal has always been to create a positive construction experience by optimizing our cliems' pmfita and on time project delivery. Recemly completed a supporting role on the 1W Marriott Hotel Resort and Spa is San Antonio TX, valued at $550M, complete with 1002 guest rooms, over 1.5 million square feet of conditioned space, full service spa, conference center, water park and two 18 hole PGA TOUR golfcourses. Responsible for supporting: Budgeting ,Contracts, Purchase Orders, Change Order Management, (OCIP) Owner Controlled Insurance Program, insurance Claim, Scheduling, Quality Assurance/Quality Control, Closeout, Retail 11 Leasing and Project Closeout Estimator M.A. Mortemon. Denver, CO. (12/0)-5/03) Responsible for estimating, buyout, budgeting for oumerous projects including: The Denver Art Museum, Exempla Hospital, 2200 Market Street Loos, RTD Elati Mainte•ance Facility. Prior to estimating Celino worked as a Project Engineer on the Broadmoor Hotel, Phase 2 including: new pool, pool house and NorWake Hotel renovation $22M. Project Engineer • Roel Construction Inc, Sao Diego CA. (2000) Internship • Management of documentation and record keeping by way of maintaining Procurement, RW's and Submittals as well as meeting minutes. Other support roles include, Change Orders, Contracts and Scheduling. Celln ae(14sburyComhurllon.net-1112&Su Are. Longmont CO 80501—Phono-720.98Z4374 Fax-720.221.0772 ice Engineer AMMA Chostraction In , Huntington Station, NY. (95-97) Summers 10 Responsible for maiNeoance ofconcspondenc , review of submittals, RFD's As-Buihs and clossom documents. Education and Licences • Bachelor of Science in Construction Management Colorado State University 2000 • Currently working on LEED Certification. • BCS—(CBOT 2010)- Brosion Control Supervisor Certification Notable projects $550M — The JW Marriott San Anonio Hill Country Resort & Spa is a 1,002 room Hospitality • resort hotel. The property features 140,000-square,feet of meeting space, two TPC golf courses and a sophisticated spa. This is a ground -up developmem which consists of 12 structures; seven contiguous stmchues housing guest floors, the lobby and restaurants; one 337,440 square foot conference center structure that includes the mccutive boardroom; four structures related to recreation including a Spa, Golf Clubhouse and Pool Bar- The project also includes the development of 36 holes of TPC golf with courses designed by Greg Norman and Pete Dye. The Resort is positioned to be an AAA Four to Five Diamond resort of superior quality. Scheduled opening January 2010. San Antonio, TX. Mired use • $60M — Talkmg Waters Mixed Use Development, 65 acres on the Uncompaghre River in Development Montrose CO. Green Field Phased project complete with 70 single family units, commercial pads and room for assisted living facilities. • Industrial . $39M—Regional Trausportation Dishdct, Elan Light Rail Maintenance Facility, 100,000 square foot structural steel maintenance building, light rail specific tools Including (wheel truing lathe, sanding system, vehicle lit.) as well over 5 miles of light rail track. Deaver, CO • $1.4114 — TmStite Door Manufacturing, Retrofit of existing 40,000sf warehouse complete with new electrical service, door prime line, as well as 5,000 sf of office space. Responsible for esfimatiug, buyout, and supervision. Deaver, CO. • SUM —Blue River Crossing, four story upscale condominium development in Silverdhome Multifamily CO. Works as CM through as Owners Rep through RFP pricing. • $300k — Children'. Garden, interactive park for the City of Fort Collins CO. Complete Municipal with a waterfall, pond, picnic shelter with hydroscape gross roof and hand pumps for children related activities. Fort Collins, CO. • $140K — Nix Farm, M.Wric Bam renovation and concoction of new loa flag shed. City of Fort Collins, CO. • S1401k — Saint Stephens Plaza, new hatdscape park on Main Street, including 400SF fountain with fisted water feature, Lower Downtown Development Authority. Longmont, CO. Tienr(A,bm,Canstru,,ion.act —1112 E. 5 °Ave. Langmosi CO 80501—Phone-720.98Z4374 Fac-716L22I.6772 Pwe 2 • Brian G. Becker 2338 Whistler Drive 720,987.3954 Longmont, Colorado 80504 tarflog@hotmail.com Experience Summary Over 15 years of experience successfully managing and supervising projects In the construction industry. Projects valued between $50K and $20M. Projects have been completed in the public sector for the Army Corps of Engineers, the U.S. Department of Energy, the State of Colorado, multiple counties, school districts and municipalities in Colorado. In the private sector successfully completed projects in aviation, tenant finish and residential custom homes. A detailed, energetic and well liked manager delivering projects on time, on budget and to the clients satisfaction. Areas of Expertise • Commercial, institutional and residential . Supervision/coordination of subcontractors • Project management • • Schedule management • Change management 40 . Safety and OSHA compliance • Estimating and budget creation • Excellent communication skills Professional Experience Walsh Construction, Inc. - General Contractor Mar 2013 - Present Loveland, Colorado Project Superintendent • U.S. Army Corps of Engineers - Army Reserve Center, Windsor, CO • City of Fort Collins - Tumbeny Road improvements • City of Fort Collins - Spring Creek Trail • Town of Berthoud - Pioneer Park CG Construction, Inc. - General Contractor Feb 2010 - Feb 2013 Englewood, Colorado Project Manager/Superintendent • NREL Field Test Laboratory Building - Thermo -chemistry Lab 101 • NREL Field Test Laboratory Building - Synthetic Chemistry Labs 235/236 • NREL Alternative Fuels User Facility - Process Development Unit • NREL Vehicle Test Pad • Wklefield Water and Sanitation District- Air Stripper Plant #2 • Colorado Department of Agriculture - Security Envelope Upgrades F&D International, LLC — Project Management/Owner's Representation Feb 2007 — Oct 2009 • Niwot, Colorado Project Manager/Engineer • Grand County Judicial Center • Grand County Administration Building remodel • Steamboat Springs School District — Soda Creek Elementary • Steamboat Springs School District — Strawberry Park Elementary • Steamboat Springs School District— Steamboat Springs Middle School • West Grand School District — PK-8 School • East Grand School District— Middle Park High School • East Grand School District — Granby Elementary School • East Grand School District — Fraser Valley Elementary • XJET FBO — Centennial Airport • XJET Fuel Farm — Centennial Airport Walsh Construction, Inc. — General Contracting Jan 2001 — Dec 2006 Loveland, Colorado Superintendent • City of Loveland — Marianna Butte Golf Course on course bathrooms • City of Loveland — The Old Course on course bathrooms • City of Fort Collins — Spring Park • City of Loveland — Eagleview Park Wildflower Homes, LLC — General Contracting Mar 1999 — Apr 2005 Fort Collins, Colorado • Owner/Partner • Custom Builder — 9 Houses design/build • Tenant Finish - multiple projects • Site Development —Dunes Park Neighborhood PooVPlayground James Construction Company, Inc — General Contracting Dec 1997 —Jun 1999 Fort Collins, Colorado Superintendent • Miramont Village PUD —completed 42 luxury patio homes • Site development for Phases 2 & 3 — utilities, curb and gutter, roadway for 30 new lots Education Colorado State University Aug 1993 — Dec 1997 Bachelor of Science— Construction Management Training OSHA 10 Hour Training Course — Miller Safety Consulting — March 2010 Heartsaver First Aid / CPR — Miller Safety Consulting — September 2010 Fall Protection — Miller Safety Consulting — February 2012 Scaffold Training — Miller Safety Consulting — February 2012 Aerial Uft Training — Miller Safety Consulting — November 2012 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR • 0 COLORADO DEPARTMENT OF TRANSPORTATION ssosmxo a1n No. soot ANTI -COLLUSION AFFIDAVIT hacom» Fort Collins, Colorado I hereby attest that I am the person responsible within my firm for the final deciebn as to the wicefel and amount of the ell or, If not, that I have wAten authorization, enclosed herewith, from thal person to make the Statements set out below an his or her behalf and on behalf of my firm. I further attest that: 1. The prices) and amount of this bid have been arrived at Independently, without consultation, comnuNmllon or agreement fa the purpme or with the effect of roArlcting comeetalon with any other firm or person who is a bidder or potential prime antler. 2A. Neither the prum(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on Ime project, and will not be so disclosed prior to bad opening. 213. Neither to prase nor the amount of the Nit of any other firm a person who Is a bidder or potential prim bidder on this project have been disclosed to me or my farm. M. No atenpt has been made to eollct, cause or Inches any firm or person who is a bidder or potential prima bidder to refrein from bidding an this project, or to submt a bid higher than the bid of this firm, or any intentionally high or non- competitive Nd or other ton of complementary bk. 36. No agreement has been promised or solicited for any other fin or person who is a bidder or potenlal prime bidder on this project to sulphur an Intensionally high, noncompatllive or other form of complementary bitl an this project. 4. The bid of my firm is made in good faith and not pursuant to any consullallan, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any Intentionally high, nonean- petron or other form of complementary bid. 6. My firm has not offered or entered into a subcontract or agreement regarding the purchase or safe of materials or sarvkas from any firm or person, or offered, promised or paid cash or anything of value to any firm or parson, whether in coonaction with the or any other project, In con ideration for an agreement or promise by any firm or person to tetreln from bidding or to submit any Intentionally high, noncompettMe or other torn W complementary bid or agreeing or prmYsing to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been prommi or paid cash or anything of value by any limn or person, whether In connection whin the or any What proleet, In conelderatlm for my Ilmms Investing any Intentionally high, noncompetlllve or other loon W complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent Inquiry of all members, officers, employees, and agents of my firm with responsIteltles relating to the preparation, approval a submission W my firm% bid on this project and have been advisetl by each W them that he or she has not participated In any communication, cmauha8on, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made In this allidavit. 8. 1 understand and my Ilmn understands that any misstatement In this affidavit a and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the Irue facts relating to starvation a Ms for Ihis sensed. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. CenlraleM1lmm mumpnYnemr ey Walsh Construction Inc. Matthew T.Wslsh tat /2014 naPresident 1n0anbeobn r,m oromperc/rawe prl��r+nYnt Wa T. Sworn to bolero this 15 y of, October 20 14 amnaaw fltA11 ' J.' NANCY MARIE HALL None Marie Hell ion NOTARY PUBLIC STATE IO 19�0.T1U�1�1 NY EIIRIIEB IIBVEIRB130, J uv o.YmC"2017' 11-7P20147 NOTE: This dpwmsM must be signed In Ink. ram nor,,, seas f W 0 Ll • Project Name and NodnbeI Project Code .Pro pse%Date Contractor Region Poudre IMil (h; Mulbhry@Lemnynbn08 10.I;m WO Coos..'rien Inc. Subcuntracters/SuppllemNendols: The bidder mast flat all firms seeking to participate an the contract: This Information Is used by the Call Department of Trans'potCallon(CDOI) to determine overall goals for the Dolmovanmged Business Enterprise Program. Fellme to submit this form may result in the proposal Wing rejected Work Proposed DBE Selected Frm Name I Email • T. MIN, L f 1, Sheel.l Seel and ftel Ramlorternenl 12 Rm1c1rntl Amhdmd R.l1. gWalls 13 Landscape 80 Emslou Control IA Bridge end code, Ruck Conebotbon h5 Asphalt Peving l e Read say Pandeq Lot A13,M9 12. Ohlp Seal once S., Jdlnl Sealant) Cock he IB Beige Palnhngand COalrlp 10 SWAM and OmsmenwAtfal 20 Pedaled Lots ood ComrnemelSrtlexalXs LL Gleanrly, BemOdlron, EXcevelldn erlU Eenhrwd 22. Enyirl Roaftontl Surveying Services 23. Marano Deonsmdltafto. enl 24 PdesaMBeen FdrrWaAdns PS Sim 010.c 26 Sire CAfanepemanl end Recycrny leanup 22. hlechTunnel CWSritlfiVAC 604 28 Pruner an 3findn 3D PrudEnvinry audem OMdlrg 3y. EnvhMmenklReellharM Seely CDOT Form d1413 O 114 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN BiddOY. Welsh Canawclion tau. Project: eourlm Trnil®Mulberty&Ismey"Will Contact MnINcvT MIMI, Project Code: Phone: 970-6224217 Data of Proposal: IAIS2014 Email: men npwalehcameucdon.m Contract Ooal: Preferred Contact Method: Region: ham manta DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Padlci anon Total Bid Amount Total Eligible Parliclpatlon Percentage Bidder.Signature- Thissectionmust be signed by an Individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable share or ledeml lave that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the follovong: CDOT shall not ovard a contract until t has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the bwest apparent bidder, you shall submit a Farm 1415 for each commitment listed above. If you have not met the contract goal, you vnll also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional Information and Instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. New Merlhcw T. Walsh Title Signature Date IMI5/14 This form must be submitted by the proposal deadline. For CDOT projects, subm It to cdoLhiijbirformsCstate.co.us. Civil Rights and Business Resource Center COOT Form # 1414 01114 • SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • L SECTION 00510 NOTICE OF AWARD DATE: NOVEMBER 13, 2014 TO: WALSH CONSTRUCTION INC. PROJECT: 8008 POUDRE TRAIL AT MULBERRY & LEMAY OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 15, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8008 Poudre Trail at Mulberry & Lemay. The Price of your Agreement is One Million One Hundred Twenty -Seven Thousand Seven Hundred Eleven Dollars ($1,127,711.00). 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 November 28, 2014. 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 ill return to you one fully -signed counterpart of the Agreement with the C ntract Documents attached. Cit of F oll ns OWN R Director of Purchasing & Risk Management u