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HomeMy WebLinkAbout184254 DURAN EXCAVATING - CONTRACT - BID - 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDSCity of Fort Collmins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing CONTRACT DOCUMENTS FOR INTERSECTION IMPROVEMENTS AT VINE & SHIELDS BID NO. 8125 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 17, 2015 — 3:00 P.M. (OUR CLOCK) 6094DO10 CURB TYPE 2 (SECTION B) LF 220 $ - 60940130 CURB MEDIAN(SPEC(AL) LF 411 $ - 614-80321 BARRICADE (TYPE 3 M-A) EA 1 $ - 619-50480 6INCH PLASTIC PIPE LF 36 $ - 619-75048 6INCH GATE VALVE EA 2 $ - 619-78048 6INCH FIRE HYDRANT EA 2 $ - 621-00450 DETOURPAVEMENT SY 983 $ - 623-00000 IRRIGATION SYSTEM LS 1 $ - 623-00602 2 INCH PLASTIC PIPE (IRRIGATIONISLEEVE) LF 900 $ - 623-00604 4INCH PLASTIC PIPE (IRRIGATIONISLEEVE) LF 375 $ - 626-0000 MOBILIZATION LS 1 $ - 630-00000 FLAGGING HOUR 1200 $ - 630-00007 TRAFFIC CONTROL INSPECTION DAY 39 $ - 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 96 $ - 630-10005 TRAFFIC CONTROL LS 1 $ - 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 $ - 630-80370 CONCRETE BARRIER TEMPORARY LF 600 $ - $ Force Account 700-70010 FIA MINOR CONTRACT REVISIONS FA 1 $60.000.00 $ 60,000.00 70D-70011 FIA PARTNERING FA 1 $2,500.00 $ 2,500.00 700-70016 FIA FUEL COST ADJUSTMENT FA 1 $8,000.00 $ 8.000.00 700-70019 FlA ASPHALT CEMENT COST ADJUSTMENT FA 1 $15,000.00 $ 15,000.00 700-70380 FIA EROSION CONTROL FA 1 $2.500.00 $ 2,500.00 700-70021 FIA ON THE JOB TRAINING FA 1 $960.00 $ 960.00 TOTAL BASE BID IN WORDS: Addendum 1 8125 Intersection Improvements at Vine & Shields Page 4 of 31 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 58717337 KNOW ALL MEN BY THESE PRESENTS: that Duran Excavating Inc 14332 CR64, Greeley, CO 80631 imiml t i0wal), (a fi2mtnemhip), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Western Surety Company (Address) 333 S. Wabash Avenue, Chicago, It. 60604 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 Nine Hundred Fifty -Four Thousand Six Hundred Seventy -Four Dollars and Thirty -Two Cents ($1,954,674.32) 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 7th day of July, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8125 Intersection Improvements at Vine & Shields. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this'(fthday of •101` 2015 IN PRESENCE OF: Principal u an E. vati , Inc. /�iZPS (Title) 14332 CR 64, Greeley, CO 80631 (Address) (Corporate Seal) iN 7/7 ESENCE OF: Other Partners By. ell SIG . By: FKIPRESENCE OF: Surety Western Surety Company \ l Anne E. Vogel, Attorney -in -Fact t Witness By: 333 S. Wabash Avenue. Chicaoo11, 60604 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 58717337 KNOW ALL MEN BY THESE PRESENTS: that Duran Excavating Inc 14332 CR 64, Greeley, CO 80631 {$p�kedttidttel), bafte�hip}, (a Corporation), hereinafter referred to as the "Principal" and (Firm) Western Surety Company (Address) 333 S. Wabash Avenue, Chicago, 11. 60604 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 Nine Hundred Fifty -Four Thousand Six Hundred Seventy -Four Dollars and Thirty -Two Cents f$1,954,674.321 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 7th day of July, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8125 Intersection Improvements at Vine & Shields. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond. and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this IOthday of�Iub , 2015. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: 5�,e,k Principal ran :ng, Inc. By: of Itle) 14332 CR 64, Creclev, CO 80631 (Address) Other Partners RESENCE OF: Surety Western Surety Company B K'Anne F.-Vogel, Attorney -in -Fact Witness By: 333 S. Wabash Avenue, Chicago, IL 60604 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. It CONTRACTOR is Partnership, all partners should execute Bond. No Text Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Darlene Krings, Russell D Lear, Melanie A Lathouwers, Katherine E Dill, Royal R Lovell, Diane Clementson, K Anne E Vogel, Wesley J Butorac, Steve J Blohm, Individually of Greeley, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this I 1 th day of June, 2015. tr, WESTERN SURETY COMPANY c W�wos "' °s �I`�a 4�i"t> �rM D04 aul T, Bruflat, Vice President State of South Dakota 1 County of Minnehaha 3 ss On this I Ith day of June, 2015, before me personally came Paul T. BruElat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ETCH February 12, 2021 ' L NQTAR (R± SOUTH MKOTA S. Eich, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse It eof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �T' , day of. WESTERN g4,�t': SURETY COMPANY WP�ap0sk L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 16. R CERTIFICATE OF LIABILITY INSURANCE `� DATE (MM/DD/Y 7/10/2015 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. IPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to .ie terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Debra Morris NAME: PHONEN. (970) 356-0123 FA No. (970)330-1867 E-MAIL .DMorrisQflood eterson.com A DR P INSURERS AFFORDING COVERAGE NAIC R INSURERA:Travelers Insurance Co INSURED Duran Excavating, Inc. 14332 CR 64 Greeley CO 80631 INSURERB:Pinnalcol Assurance 41190 INSURER C: INSURER D: INSURER E 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1571004287 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DDNYYV POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XI OCCUR DTC08077BO49PHX15 /9/2015 /9/2016 DAMAGE TO ED PREMISES RENT occurrence) $ 300, 000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY X PRO LOCI I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL or SCHEDULED AUTOS AUTOS T8108077BO49IND15 4/9/2015 /9/2016 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident S X NON -OWNED HIRED AUTOS AUTOS X 4 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE S 5,000,000 A EXCESS LIAB CLAIMS -MADE DED J X I RETENTION$ 10,000 S TSMCUP8077BO49TIL15 /9/2015 /9/2016 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X I WC STATU- OTH- I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED1 ❑ (Mandatory in NH) N / A 4110254 1/1/2015 /1/2016 E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 A Installation Floater DT6601423C736TIL15 /9/2015 /9/2016 Limit: $2,500,000 Deductible $1 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Project: 8125 Intersection Improvements at Vine & Shields State of Colorado and the City of Fort Collins are included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured on the General and Automobile Liability. City of Fort Collins Purchasing Division 215 North Mason St. 2nd Floor P. 0. Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) INS025 2113CE c1 Debra Morris/DMORRI'— © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT 2 — CLARIFICATIONS & REVISIONS I. Project Clarifications: A. None at this time. II. Revisions to the Project Planset: A. The Curb Type 4 shown in the plans has been changed to Curb Type 2. This change affects Sheets 11, 22, 23, 26, 27, 28, 29, 51 and 52. B. The Curb and Gutter Type 4 shown in the plans has been changed to Curb and Gutter Type 2. This change affects Sheets 11, 22, 23, 26, 27, 28, 29, 51 and 52. C. Hot Mix Asphalt Typical Sections and HMA Lift Detail have been changed to replace Grading SX (100) (PG 64-22) with Grading S (75) (PG 64-28). This change affects Sheets 7, 10, 21 and 25. III. Revisions to the Project Specifications: Below is a summary of each revision to the Project Specifications. See the attached Revised Project Specifications for more specific details regarding contract changes. Revised Project Specifications have been included for the following items: A. Revision of Section 403 — Hot Mix Asphalt o This revision replaces the Grading SX (100) (PG 64-22) with Grading S (75) (PG 64-28) in the pay items and modifies Table 403-1 with the changes. B. Revision of Section 621 — Detour Pavement o This revision specifies that the detour pavement thickness shall be at least 4 inches. C. Addition of Section 403 — Hot Mix Asphalt (Warranty) o This addition describes the amount of warranty work at the Contractor's expense valued at up to $50,000. IV. Pre -Bid Clarifications Not Resulting in Changes to the Bid Documents: A. Pre -Bid PowerPoint slide 8 specifies CDOT forms to be completed by contractor. The forms listed in the PowerPoint are not correct. The forms listed in the advertisement documents are correct. Contractor should use the advertisement documents. V. Pre -Bid Clarifications Resulting in Changes to the Bid Documents: A. None at this time VI. Revisions to the Project Bid Tab: A. Hot Mix Asphalt Grading SX (100) (PG 64-22) pay item is replaced with Hot Mix Asphalt Grading S (75) (PG 64-28). Unit of measurement and quantity remain the same. B. Curb Type 4 (Section B) pay item replaced with Curb Type 2 (Section B). Unit of measurement and quantity remain the same. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 5 of 31 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8125 Intersection Improvements at Vine & Shields LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Duran Excavating Inc CONTRACT DATE: July 7, 2015 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: Duran Excavating Inc Gentlemen: 20 You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Duran Excavating Inc for the City of Fort Collins project, 8125 Intersection Improvements at Vine & Shields. 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 July 7, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: _, 20_ Sincerely, OWNER: City of Fort Collins By: _ Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: CITY OF FORT COLLINS, COLORADO (OWNER) FROM: DURAN EXCAVATING INC (CONTRACTOR) PROJECT: 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDS 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: DURAN EXCAVATING 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: SECTION 00660 CONSENT OF SURETY TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER") CONTRACTOR: DURAN EXCAVATING INC PROJECT: 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDS CONTRACT DATE: JULY 7, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, (Surety) on bond hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _ day of (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE CONTRACTOR APPLICATION DR 0172 (12198) FOR COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 EXEMPTION CERTIFICATE (303)232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below, This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Pericd 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name Mailing address (City, State. Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract. Fax Number Business telephone number: ( Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract). Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start dale completion date' I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date. DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS 3 I CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been 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 base. Changes to that document are shown by underlining text 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) EXHIBIT 3 - REVISED SPECIFICATIONS REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: TABLE 403-1 Test Value For Grading Property Method S (75) (Patching) Air Voids, percent at: CPL 5115 N (design) 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): N (design) CPL 5115 75 75 Stability, minimum CPL 5106 28 28 Minimum % of the aggregate retained on the 4.75 mm (No. 4) sieve having at least 2 CP 45 60 60 mechanically induced fractured faces Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), CPL 5109 Method B 80 80 minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) Strength, kPa (psi) Method B Grade of Asphalt Cement, Top PG 64-28 Layer Grade of Asphalt Cement, Layers PG 64-22 PG 64-22 below Top Voids in the Mineral Aggregate See Table See Table (VMA) %minimum CP 48 403-2 403-2 Voids Filled with Asphalt (VFA), % AI MS-2 65-80 65-80 Dust to Asphalt Ratio Fine Gradation CP 50 1 0.6 - 1.2 1 0.6 - 1.2 Coarse Gradation 0.8 - 1.6 0.8 - 1.6 Addendum 1 8125 Intersection Improvements at Vine 8 Shields Page 6 of 31 Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL. CONDITIONS Page Article or Paragraph Number Number &Title DEFINERONS............................. ......................... I 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment, ...................... 1 1.4 Asbestos ..................................... .....1 1.5 Bid.....................................................1 1.6 Bidding Documents, ............................ 1 1.7 Bidding Requirements ..........................1 1.8 Bonds.................................................1 1.9 Change Order ............................. - 1 1.10 Contract Documents..-...._....................l 1.11 Contract Price ............................. ........ 1 1.12 Contract Times, ............................... ... 1 1.13 CONTRACTOR,,,,,,,,,,,,,,,,_,,,,,,,,,,•,,,,,1 1.14 *fecove.............................................1 1.15 Drawings,__... .................................. J 1.16 Effective Date of the AgrccmeM-.,,-„-„ 1 1.17 ENGINEER.........................................I 1.18 ENGINEERs Consultant ......................1 1.19 Field Order.........................................1 1.20 General Requirements .........................2 1.21 Hazardous Waste..............•-_,---,••,,,,,,_2 1.22.a Laws and Regulations; Laws or Regulations......................................2 1.22.b Legal Holidays....................................2 1.23 Liens...............................................2 1.24 Milestonq............................... ........... 7 1.25 Notice of Award ................................. 2 1.26 Notice to Proceed ................................ 2 1.27 OWNER.............................................2 1.28 Partial Utilization ............................... 2 129 PCBs.................................................2 130 Petroleum...........................................2 1.31 Project..... ...................... ................... 2 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours........................7 1.33 Resident Project Representative ,•,•,,,,,,•-2 1.34 Samples..............................................2 1.35 Shop Drawings .................................... 1,36 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions,,,,,,,, ........... 2 1.40 Supplier..............................................2 1.41 Underground Facilities, .................... 2-3 1.42 Unit Price Work.................................3 1.43 Work..................................................3 1.44 Work Change Directive ........................3 1.45 Written Amendment ...........................3 Page Num ber PRELLMINARY MATTERS -........... _ _. _............. 3 2A Delivery ofBonds ............ ...............3 2.2 Copies of Documents. .................... 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Scheddcs; Delivery of Certificates of Insurance................................... 34 2.8 Preconstruction Conferenc4............. 4 2.9 Initially Acceptable Schedules .......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................... I—........... 3.1-3.2 Intent .................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives, .................................... 5 3.5 Amending Contract Doctments......... 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse ofDocuments .........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4-1 Availability of Lands ..... -............... 5-6 4.2 Subsurface and Physical Conditions.... ... ....._..... .... --....6 4.2.1 Reports and Drawings......................0 4.2-2 Limited Reliance by CONTRAG TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ..................§ 4.2.4 ENGTNEER'sReview.......................6 425 Possible Contract Documents Change....................................... , 6 4.2.6 Possible Price and Times Adjustments ...............................0-7 4.3 Physical Condtions-Underground Facilities . ............................ _..--_. 7 4.3.1 Shown or Indicated, ............ . ..... ..... 7 4.3.2 Not Shown or Indicated„,,,,,,,,,,,,,,,,, 7 4.4 Reference Points, ........................ ..... 7 EXDC OErtFzt-nt. CONIHnONS 1910-s (1990 EDITION) w/ CITY OF FORT COU INS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .....................7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bands.............................................. ? 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNER's Liability Insurance .............. 9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Provision10 5.9 CONTRACTOR's Responsibility for Deductible Amounts10 5.10 Other Special Insurance ..................... 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... O-11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace ........11 5.15 Partial Utilization --Property Insurance........................................11 CONTRACTOR'S RESPONSIBILITIES ...............11 6.1.6-2 Supervision and Superintendenc;....... 11 6.3-6.5 Labor, Materials and Equipment,_. 11-12 6.6 Progress Schedule.,_.........................12 6.7 Substitutes and'Or-Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................13-14 6.12 Patent Fees and Royalties.................14 6.13 Permits.............................................14 6.14 Lays and Regulations ........................14 6.15 Taxes ................._.........._ ............ 1415 6.16 Use of Premises.._ .............................15 6.17 Site Cleanliness-, .............................. 15 6.18 Safe Structural oading.....................15 6.19 Record Documents ............. _.............15 6.20 Safety and Protection ............ ........ 15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Prcgramg ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sampleq..............16 6.25 Submittal Proceedtres; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal....................................16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals17 6.29 Continuing the Work.................„-..17 6.30 CONTRACTORS General Warranty and Guarantee.............17 6.31-6.33 Indemnification . . .......................) 7-18 6.34 Survival of Obligations ...................18 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site.......................18 7.4 Coordination.................................18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER ,........... 18 8.3 Furnish Data andPay Promptly WhenDue ..................................IS 8.4 Lands and Easements; Reports and Tests 8.5 Insurance.......................................19 8.6 Change Ord-rs...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 8.9 Limitations on OWNER'S Responsibilities ............................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ,,,,,,,,,,,,,,,,,,,,19 8.11 Evidence of Financil Arrangements... ..........................19 ENGINEERS STATUS DURING CONSTRUCTION..............................................19 9.1 OWNER's Representative_ .............. 19 9.2 Visits to Site9 9.3 Project Representative ...............)9-21 9.4 Clarifications and Interpre- tations, ........................................21 9.5 Authorized Variations in Wrk........ 1 EICDC GENERAL CONDMONS 1910-8 (1990 EMMOM w/ CITY OF FORT COLLMS MODIFICATIONS (REV 91" Article or Paragraph page Article or Paragraph page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................21 9.7-9.9 Shop Drawings. Change Orders and Payments .................................... 21 9.10 Determinations for Unit Prices,-,,,, 21-22 9.11-9.12 Decisions an Disputes-, ENGI- NEER as Initial Interpretet ..............22 9.13 Limitations on ENGINEEWs Authority and Responsibilities,,,, 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ................ 23 14. 10.2 Claim for Adjustmen........................23 10.3 Work Not Required by Contract Documents 23 10.4 Change Orders...__..................... --.1.23 10.5 Notification of Suret.........................23 CHANGE OF CONTRACT PRICE .............................7.3 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................................... 23-24 11.4 Cost of the Work_ ... .................... 74-25 11.5 Exclusions to Cost of the WorX .......... 25 11.6 CONTRACTORs Fa„ ....................... �3 11.7 Cost Records ........................ ........ 25-26 H1 Cash Allowances ...............................26 11.9 Unit Price Work_ ..................... ........ 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORS Control 26-27 12.4 Delays Beyond OWNEWs and CCNTRACTOR!s Control ................77 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..................................................27 13.1 Notice of Defects ... ....................... _.77 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTORs Cooperation,,.,,,,,, �27 13.4 OWNERS Responsibilities. Independent Testing Laboratory, ....... 27 13.5 CONTRACTORs Responsibilities ...............................27 13.6.13.7 Covering Work Prior to Inspec- tion. Testing or Approv4 ................ 27 13,8-13.9 Uncovering Work at ENGI- NFER'sRequest, .................... 27-28 13.10 OWNER May Stop the Work.,...,.,. 28 13.11 Correction or Removal of Defective Work ..........................28 13.12 Correction Period...........................28 13.13 Acceptance olDefective Work ......... 28 13.14 OWNER May Correct Defective Work..................................... 28-29 PAYMENTS TO CONTRACTORAND COMPLETION .................................................29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTORs Warranty of Title........................................... 29 14.4-14.7 Review of Applications for Progress PaymentA .................. N-30 14.8-14.9 Substantial Completim ..................30 14.10 Partial Utilization ... .................. 40-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ............ ......... 31-32 15. SUSPENSION OF WORK AND TERMINATION ................................................32 15.1 OWNER May Susperrid. Work„-,.,-„ 32 13,2-15.4 OWNER May Terminate ..... ........... 3-2 15.5 CONTRACTOR May Step Work or Terminate,,,,,,,,,,,,,,,,, X-33 16. DISPUTE RESOLUTTON 33 17. MISCELLANEOUS...........................................33 17.1 Giving Notice . ............................... 33 17.2 Computation of Tim....................33 17.3 Notice of Claim .. .................. ........ 33 17A Cumulative Rcmcdics- ..................... 33 17.5 Professional Fees and Court Costs Included 17.6 Applicable State Laws ............... 33-34 Intentionally lell blank .......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .....................GC -AI 16.1-16.6 Arbitration ......... _ ... .............. QC -AI 16.7 Mediation...............................GC-Al EJCDC GENERAL CONDITIONS 1910-8 0"0 EDMON) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not sho%%m in this index Article or Paragraph Number Acceptance of — Bonds and Insurance ........................................5.14 defective Work ............................ 10.4.1. 13.5, 13.13 final payment ........................................9.12, 14,15 insurance .........................................................5.14 other Work. by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal' Item* ...................... 6.7.1 Work by OWNER ..............................2.5.6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities .............................................. 4.1 site, related Work ............................................... 7.2 Work. ........... .............................. 13.2,13.14.14.9 Acts or Omissions--. Acts and Omissions — CONTRACTOR ................................ _6.9.1,913-3 ENGINEER ..........................................6.A 9.13.3 OWNER ............ ....................................... 0.20.8.9 Addenda --definition of (also see definition of Specifications) .......(1.6,1.10, 6.19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustments — Contract Price or Contract Times ...........................1.5. 3.5. 4.1, 4.3.2. 4.5.2. .............................. 4.5.3.9.4. 9.5. 10.2-10.4, .............. I ...... I .............. 11. 12. 14.8. 15.1 progress schedule ....................... ...... ....... 6.6 Agreement -- definitionof ......................................................1.2 "All -Risk" lnsura=c, policy fbM ...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Ek)cuinent4 ................................ 33 Amendment. Written -- in general................1.10.1.45, 3.5, 5.10, 5. 1 Z 6.6.2 ........................... 0.81, 6.19.10.1, 10.4,11.2 ....................................12.1, 13.12-2. 14.7.2 Appeal. OWNER or CONTRACTOR intent to.. ........................9.10, 9.11, 10.4. 16.2. 16.5 Application for Payment -- definition o( 1.3 ENGTNEERs Responsibility ............................... 9.9 final paymern .......... ........ 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ..................................... J4.1-14.7 review of .................................................. 14.4-14.7 Arbitration ................................ .................... 16.1-16.6 Asbestos -- claims pursuant theretq_,,. ......... ....... ___4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... #.5.2 definitionof .......................................................1.4 Article or Paragraph Number OWNER responsibility for,.. .......................... 1-5.1,8-10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Work .......... 3.6. 625, 6.27. 9.5 Availability of -Lands .......................................... 4.1,8.4 Award. Notice of --defined ........ ....... ..................... 1.25 Before Starting Construction, .............................. 2.5-2.8 Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3, ......... ..... 4.16.4, 6.13, 11.4.3, 11.9.1) Bidding Documents —definition Of 1.6(6.8.2) Bidding Requirements --definition of .........................................1.7 1.7 (1.1, 4.2.6.2) Bonds -- acceptanceof ....................................................5.14 additional bonds .................................. 10.5. 11.4.5.9 Cost of the Work "...11.5.4 definition of delivery of . ................................................... 2.1,5.1 final Application for Payment ................ J4.12-14.14 general ... ............................... 1.10,5.1-5.3,5.13, ........................................ 9.13,10.5,14.7.6 Performance, Payment and OtheT ...... ........... 5.1-5.2 Bonds and Insurance --in general .................................5 Builder's risk "aU_risk" policy form ........................3.6.2 Cancellation Provisions, Insurance,,,,,,,_ 5.4.11, 5.8, 5,15 Cash Allowances 31.8 Certificate of Substantial otapleticil ....... 1.38, 6,3023, .................................................. 14,8.14.10 Certificates of Inspectior% ................... 9.13.4, 13.5. 14.12 Certificates of Insurancq ............. 2.7. 5.3, 5.4.11. 5.4.13. .............. ........ 5.6.5,5.8. 5,14, 9.13.4. 14.12 Change in Contract Price -- Cash Allowances 11.9 claim for price adjustment,,,,,_,,,,,, 4.1. 4.2.6, 4.5. 5.15. 6.8.2. 9.4 ................... 9.5. 9.11. 10.2. 10.5, 11 .2. 13.9. ....................... J3.13. 13.14, 14.7. 15.1. 15.5 CONTRACTOR's fee 11.6 Cost of the Work general ................................................ 11.4-11.7 Exclusions to 11.5 Cost Records .....................................................11.7 in general .... ........ J.19.1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing .................................. . ...... 11.3.2 Notification of Surety,,,,-_„ ................................ 10.5 Scope of,... ....................... ................... 10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC OENERAL CONDITIONS 1910-8 (1990 ED17104 w/ CITY OF FORT COLLINS MODIRCA17ONS (REV 9/991 Unit Price Work. .. � ...... ... 11.9 Article or Paragraph Number Value of Work ..................................................31.3 Change in Contract Tim es - Claim for times 4ustment. ....... 4.1, 4.2.6, 4.5, 5.15, ­ 6.8.2, 9.4, 9.5, 9. 11, 1 O.Z 10.5, 12. 1, ......13.9, 13.13, 13.14. 14.7. 15.1, 15.5 Contractual trc lim it§ ..................................... 12.2 Delays beyond CONTRACTOR's control ..... ....... ........ 12.3 Delays beyond OWNER'S control .............................12.4 Notification of surety .........................................10.5 Scope of change., ...................... ............... 10.3-10.4 Change Orders -- Acceptance of Defective Work. ......................... 13.13 Amending Contract Documents Cash Allowances jl.11 Change of Contract PriC4 ............................._......I I Change of Contract Time...................................12 Changes in the Work ............................ ...... . ..... JO CONTRACTOR's fee ........... 11.6 Cost of the Work ............ 1.4-11.7 Cost Records )1.7 definition of . ..................................................... 1.9 emergencies, .................................................... 0.23 ENGINEER'S responsibility ....... 9.8. 10.4. 11.2. 12.1 execution of .................. 10.4 Indunnifiction .........................0.12, 616, 6.31-6.33 Insurance, Bonds and 5 10, 5.13,10.5 OWNER may terminate ...... 4.0 ............... P ... 15.2-15A OWNERs Responsibility ....................... Physical Conditions - Subsurfaceand........................................4....4.2 Underground Facilities-t............................9.3.2 Record Documents . ............ 619 Scope of Chang; ............. ................. 10-3-10.4 Substitutes,._............_ .. ................6.7.3, 6.8.2 Unit Price Work...-......._.__ . ....... _ . _ ... 11.9 value of Work, covered by .................................11.3 Changes in the Work ........... ........................... 0.0.30 Notification of surety ........................................10.5 OWNERs and CONTRACTOR:3 responsibilities ... 4.0 ............................... Right to an adjustment, ................... m ..... 0 .......... 10.2 Scope of change ................... 66.6 ................. 10.3-10.4 Claims -- against CONTRACTOR........... 4 ........................6.16 against E1,101NEM ............... 0 ......... 4 ......... .... 0§632 against OWNER ...............................................6.32 Change of Contract Price ................ ......... 6.9.4.11.2 Change of Contract Times ......_6......6.6....6.6p.4, 12.1 CONTRACTORs .............. 4, 7.1. 9.4. 9.5. 90 11. 10.2. _ ............ 0 ........... 411.2; 11.9, IZI, 13.9. 14.9, ........ ....... ....... 6 ..... -.0.6 ....... 115.1. 15.5.17.3 CONTRACTOR's Fee 11.6 Article or Paragraph Number CONTRACTOR's liability,,,.,,,,,, 5.4,612, 6.16,6.31 Cost of the Work 31.4,11.5 Decisions on Disputes ...............................9.11. 9.12 Dispute Resolution ............................................16.1 Dispute Resolution Agreement .................... 16.1-16.6 ENGINEER as initial interpretor .......................911 Lump Sum Pricing .........................................11.3.2 Noticeof ..........................................................1.7.3 ...*............................... ...................).7.3 QWNER!s ....................9.4, 9.5, 9.11, 10.2, 11.2. 11.9 OWNER'S liability .......................................... .... 5.5 OWNER may refuse to make paymen.................14.7 Professional Fees and Court Costs Included ............................... . ......... ...... 17.5 request for formal decision orj ............................9.11 Substitute Items ............................. . ............ A7.1.2 Time Extension ............................. . ................. 12. t Time requirements ................................... 9.11, 12. t Unit Price Work... ..... ................... . ............ 11.9.3 Valueof ........................................................... J.1.3 Waiver of --on Final Payment .... ............ J4.14,14.15 Work Change Directive .....................................10.2 written notice required ...................... 9,11. 11.2. 12.1 Clarifications and Interpretation* ...........3.6.3, 9.4, 9.11 Clean Site ........ .......... _0.17 Codes of Technical Society, Organization or Association ........................................... ...... 3.3-3 Commencement of Contract Times .......................... Communications - general ..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs......................6.22 Completion -- Final Application for Payment ..........................14.12 Final Inspection... 14.11 Final Payment and Acceptanc4 ............... 14.13-14.14 Partial Utilization ...........................................14.10 Substantial Completion ............ ......... 1.38, 14.8-14.9 Waiver of Claims .............................. ............. j 4.15 Computation of Times ............................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ................................................. §.".11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction, ..................................................2.8 Conflict. Error, Ambiguity, Discrepancy - CONTRACTOR to Report ........................... Z.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery. Equipment. etc ........... ... 6.4 Continuing the Work ............................ ........ 6.2%10.4 Contract Documents - Amending..........................................................3.5 Bonds 5.1 EXW MNELL CONDITIONS 1910 -8 (19" EDITION) w/ C1 TY OF FORT COMNS MODIFICATIONS (REV 9/99) Cash Allowances. ..., -- - .......... ................. 11,8 Article or Paragraph Number Change of Contract Prioq .................................... I I Change of Contract 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 definition of ............. __ ... ............................... JA0 ENGINEER as initial interpreter of .................. :9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gcftcral3 Insurance........................................................... 5.3 Intent .Xl-3.4 m inor variations in the Work ........ ..................... 3.6 OWNER's responsibility to furnish data,,,,,,,,,,,,,, 8.3 OWNFR's responsibility to make prompt payment ........ ................. 9.3, 14.4,14.13 precedence . ........... .. ............................. _3. 1, 3.3.3 Record Documents Reference to Standards and Specifications of Technical Sccietic:4 3.3 Related Work .................................................... :7.2 Reporting and Resolving Discrepancies,,,,,,,, �2.5, 3.3 Reuseof ............................. . ........ .................... 3.7 Supplementing..................................................3.6 Termination of ENG]NEERs Employment .......... 8.2 Unit Price Work ...............................................11.9 variations ......................................... 3.6, 6.23, 6,27 Visits to Site, ENGINEERI ............................... 9.2 Contract Price - adjustment of ................ 3.5, 4.1, 9.4,10.3, 11.2-11.3 Changeof ..........................................................11 Decision an Disputes ........................................9.11 definition o( 1.11 Contract Times - adjustment of,,,,,,,,,,,,,,,,,,, -3.5, 4.1, 9.4. 10.3, 12 Change of ....... ....... .......................... 12.1-12.4 Commencement of 2.3 definition of .....................................................1.12 CONTRACTOR - Acceptance of Insuranock ...... ........................... 5,14 Communications ............. ........ .............. §.Z 6.9.2 Continue Work ........................................ j6.29,10.4 coordination and scheduling ............................ §-9.2 definition of ............................... . ..................... 1-13 Limited Reliance on Technical Data Authorized ......... *................. ** .......... 4.2.2 May Stop Work or Terminate............................15.5 provide site access to others....,,-_ ............... 7.2,13.2 Safety and Protection .......... ........ 4.3,1.2,6.16, 6.18. ............................... ...... 6.21-6.23, TZ 13.2 Shop Drawing and Sample Review Prior to submittal 625 vF1 Stop Work requirements., ..............45 2 CONTRACTOR's- Article or Paragraph Number Compensationk .................. ............... ... 11.1-11.2 Continuing Obligation .....................................14.15 Defective Work ............................... 9.6.13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency............................................ 6.23 Defects in Work of Others........_ .................... T3 Differing condition* ............................. 423 Discrepancy in Documents ........ . )-5.3.3.2. 6.14.2 Underground Facilities not indicated,.,,,,,,,, 4.3.2 Emergencies.....................................................0.23 Equipment and Machinery Rental, Cod or the Work 11.4.5.3 Fee -Cost Plus 11-4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs,,,,,,,,,,,,,,,,,,,, 0.22 Indemnification_ ........ .............. 4. IZ 6,16. 6.31-6.33 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipment ....................0.3.6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 634.1 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 5.1 Perm its, obtained and paid for by .......................0.13 Progress Schedule ...........................2.6, 2.8,2.9, 6.6, _ ......................................6.29. 10.4.15.2.1 Request for formal docisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work,,,,,,,,,,,,,,,,,,,,,,,,,„_....._ 10.1 Concerning Subcontractors, Suppliers and Others ... 6.".11 Continuing the Work ..........................6.29, 10.4 CONTRACTORS cxpcw ........... .............. 03.1 CONTRACTOR!s General Warranty and Guarantee 6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal, ...............6.25 Coordination of Work .............. ........... 6-9.2 Emergencies ............................. _ ................ 6.23 ENGINEERs evaluation. Substitutes or "Or -Equal" Items ............. ........ _ ..... §.7.3 For Acts and Omissions of Others ............................. 0.9.1-6.9.2,9.13 for deductible amounts. insurance ..................5.9 general ........................................6, TZ 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification ................................... 6.31-6.33 EXMC GENERAL CONDITIONS 1910.8 (1990 EDMON W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Labor, Materials and Equipmerilt ............. 0.3-6.5 Laws and Regulations ..................................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... &27 Patent Fees and Royalties..._ ........................ &. 12 Permits .......................................................0.13 Progress Schedule.........................................6.6 Record Documents .......... 6.19 related Work performed prior to ENGINEER approval of required submittals 6.28 saA: structural loading ..................... .......... 6.18 Safety and Protection,..... ............. 6.20. 7.2, 13.2 Safety Representative ...................................6.21 Scheduling the Work ..................................6.9.2 Shop Drawings and Semples........ ...... ........(�24 Shop Drawings and Samples Review by ENGINEER ...................................... 6.26 Site Cleanliness.........._............_ ....... ........ 6.17 Submittal Procedures ........................ .........6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal` Itcm4 ................0.7.1 Superintendence ..... ....................... ............... 6.2 Supervision ........................................... ....... 0,1 Survival of Obligations ................................6.34 Taxes..........................................................0.15 Tests and Inspections ..... ....................... _J3.5 ToReport ......................................................2.5 Use of Premises ..................... 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim .... ..... 4,7.1, 9.4, 9.5, 9.11,10.7_11.7_ J1.9,12.1, 13.9.14.8,15.1, 15.5, 17.3 Safety and Protection .................. §.20--6.22. 7.2.13.2 Safety Reprewmtive .................................I..... 6.21 Shop Drawings and Samples Submittals,,,, 6-24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures.. 63 Substitutes and 'Or -Equal' Items. Expense ........................................ _63.1, 6.7.2 Subcontractors, Suppliers and Others,,,,,,.,,, . 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes. Payment by_ . . ....... ----- I ..... 6'15 UscofPremism .................6.16.6.18 Warranties and guarantees .......................... 0.5,6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or term inate, ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................4.2.3 Substantial Completion ........ .............. ........ 14.8 viii OONTRACTORS--other.. . ........... � .. ­7 Contractual Liability Insurance .............................5AAO Contractual Time Limits.........................................12.2 Article or Paragraph Number Coordination— CONTRACTORs responsibility .... .................... 0.9.2 Copies of Documents ............................................... . 122 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10A. 1. 13.10-13.14 Acceptance of Defective Work ...........................13.13 Correction or Removal of Defective Work . ................................ 630,13.11 Correction Period ............................................ 33.12 OWNER May Correct Def"tive Work..._,_....., 33.14 OWNER May Stop Work ............................. _13.10 Cost — of Tests and Inspectiom ....................................13.4 Records ll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts............_................................ 11.4.2 CONTRACTORS Fee.......„... ........................... 11.6 Employee Expenses ......................................11.4.5.1 Exclusions to .....................................................11.5 Gencrall 1.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages .. ................................... 11.4.5.6 Materials and equipment ........ ..................... .] 1.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changick ............................... . 11.4.1 performed by Subcontractors...........................11.43 Recordsl 1.7 Rentals of construction equipment and machinery ......................................11.4.5.3 Royalty payments, permits and license fees, ........................................... 11.4.5.5 Site office and temporary facilities................11.4.5.2 Special Consultants, CONTRACTOWs ............ )1.4,4 Supplemental .................................................11.4.5 Taxes related to the Work ............................1.1.4.5.4 Tests and Inspection..........................................13.4 Trade Discounts ............... ............................. 11.4.2 Utilities, fuel and sanitary facilifie; ..............11.4.5.7 Work after regular hours ............. ................... 11.4.1 Covering Work ...... .... ... . . . ...... . ............... 13.6-13.7 Cumulative Remedies ­ '' ..­ ..................... J7.4-17.5 Cutting, fitting and patching ............ . .. . ........... ...... 7.2 Data. to be furnished by OWNER_ . ........................... J.3 Day —definition of ................... .......... ................. 1722 Decisions on Disputes .............. ..................... 9.11,932 defective --definition of ........... ............................... 3.14 defective Work — Acceptance ol.......................................10.4.1. 13.13 EJCDC GEMULAL CONIXTIONS 1910 -8 09" MITION) w/ CITY OF FORT COLUNS MODIFICATIOM (REV 9/" Correction or Removal of� 10.4.1, 13,11 Correction PcH4 ........................................... j 3.12 in general ........................................13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEEk ............................... 9.2 OWNER May Stop Work ................................. 13.10 Prompt Notice of Defectsk .................................. 13.1 Rejecting...........................................................9.6 Uncovering the Work .......................................33.8 Definitions Delays ...................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds .......................... . .........................I. I I Delivery of certificates of insunmok ............................ ).7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions - Notice of_ .. ..................... ...... ­­ .......... +13 ENGINEEWs Review.........._..... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, . 4.2.5 Possible Price and Times Adjustmen4 .............. 4.2.6 Discrepancies -Reporting and Resolving ................................ Z5. 3.3.Z 6.14.2 Dispute Resolution - Agreement . ............................... ............... 16.1-16.6 Arbitration ................................ . . ............ 16.1-165 general 16 Mediaticn ............................. .......................... 16.6 Dispute Resolution Agreement .................... .... 16.1-16.6 Disputes. Decisions by ENGINEER .................. 9.11-9.12 Docum ents-- Copiesof ................................... ....................... 2.2 Record 6.19 Reuseof.. ....................................... ................... 3.7 Drawings -definition of ............._....._....................)AS Easements A.1 Effective date of Agreement -- definition qf ..............1.16 Emergencies.... .................. .................... .............. .0.23 ENGINEER - as initial interpreter on disputes ................ 9.11-9.12 definition of .................................. .................. 1-17 Limitations on authority and responsibilitieg ..... 9.13 Replacement of, ................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER!s Consultant -- definition of ................. J.18 ENGINEERS— authority and responsibility, Limitations on ......... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for..... .9.7. 10,11. 12 Clarifications and Interpretations �. ... ......... 3.63,9.4 Decisions on Disputes ............................. .. 9.11-9.12 defective Work, notice of ............................ ....... 13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ...................................................4.32, 9.12 Notice Work is Acceptable .............. ............... 14.13 Observations ...........................................5.30.2, 9.2 OWNER's Representative ........................... ...... 9.1 Payments to the CONTRACTOR, Responsibility for .................................... 9.9,14 Recommendation of Payment, .................. J4.4,14.13 Article or Paragraph Number Responsibilities --Limitations ou ................. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. :4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During CarstrucLion-- authorized variations in the Work ..................93 Clarifications and Interpretations ..................9.4 Decisions on Disputes ... ............ ........ 9.11-9.12 Determinations on Unit Price_.. ...... .... 9.10 ENGINEER as Initial interpreter__._,., 9.11-9-12 ENGINEER's Responsibilities ................ 9,1-9.12 Limitations on ENGINEERs Authority and Responsibilities..............................9.13 OWNER's Representative ..............................9.1 Project Representative...................................9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments ........................... ........ 9.7-9-9 Visits to Site .................................................9.2 Unit Price determinations ............................ _...9.10 Visits to Site ..... _ .... ................ . ....................... 9.2 Written consent required ............................... 7.2,9.1 Equipment, Labor, Materials and ........................6.3.6.5 Equipment rental, Cost of the Work ..................11.4.53 Equivalent Materials and EquipmeAk ........................0.7 error or omissions ..................................................0.33 Evidence of Financial Arrangements k....__.......... 8_11 Explorations of physical conditions ........................ 4.11 Fee, CONTRACTORs-Costs Pluk .......................... )1.6 Field Order -- definition of .....................................................1.19 issued by ENGINEER ....... .............. ......... 3.6.1.9.5 Final Application for Payment... .. . ........................ 14.12 Final Inspcctioq ................................................... 34.11 Final Payment - and Acceptance...,_.1 ..................... ... 14.13-14.14 Prior to, for cash alloiances JI.8 General Provisions 17.3-17.4 General Requirements - definition of .....................................................1.20 principal references to.. ........... 2A 6.4. 6.6-6.7.6.24 Giving Notice ..... -CONTRACTOR,,.,,,-,-__....................... . ...... ... J7.1 Guarantee of Work -by 6.30,14.12 Hazard Communication Programs .......................... 6.22 Hazardous Waste - definition o......................................................1.21 general.. ................. __ ........................ ........... _45 OWNER's responsibility for ............................... 8.10 EXI)CCENERAL COMMONS 19104t(1990 =ON wl MY OF FORT COUJM MODIFICATIONS OtEV "9) Indemnification 0 1Z 6.16, 6.31-6.33 Initially Acceptable Schedulc4 ..................................2.9 Inspection -- Certificates of .............................. P.13.4.13.5, 14.12 Final ........... ..................................... ......... 14.11 Article or Paragraph Number Special. required by ENGINEER ..........................9.6 Tests and Approval..._ ................... ... �3, 13.3-13.4 Insurance - 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 general... ....................................... Cancellation Provisions ................... .................. 5.8 Certificates of,,,,,,,,,,,,,,,,,, 2.7, 5, 5.3, 5.4,11, 5.4, 13, ..............5.6.5, 5.8, 5.14, 9,13.4, 'o"p"e' 14.12 completed rati on s 5.4.13 CONTRACTORS Liability ..................................5.4 CONTRACTORs objection to coverage .............5.14 Contractual Liability .............................. . ...... 5.4.10 deductible amounts, CONTRACTORS responsibility ............................. . . ............... 5.9 Final Application for Payment ........ ................ 14.12 Licensed Insurers ...............................................5.3 Notice requirements, material change;,,,,,.. 5.9.10.5 Option to Replace ...................... ...................... 5,14 other special insurances ................................... 5.10 OVV74M as fiduciary for insure4 .............. 5.12-5.13 OWNFR's Liability ............................................5.5 OWNERs Responsibility .................. .......... _ .... 8.5 Partial Utilization, Property Insurancq ....... ....... 5.15 Property ...................- ....... ........ ......... 5.6-5.10 Receipt and Application of Insurance Proceeds .............................. .............. 5.12-5.13 Special Insurance._._....- - ..... .......................5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents ................... ....... 3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical condition; .......................... 42 Labor, Materials and Equipment,,..,,,__ ............... 0.3-6.5 Lands - andEasements ...................................................0.4 Availability of .............................................4.1.8.4 Reports and Tests ...............................................8.4 Laws and Regulations -Laws or Regulations - Bonds............................. .............. ­­ ... 5.1-5,2 Changes in the Work........................................10.4 Contract Documents CONTRACTORs Responsibilities ................... _0. 14 Correction Period. defective Work ....................13.12 Cost of the Work, taxes...............................J1.4.5.4 definition of.. _..._ ......... .................................. 1.22 gencra16. 14 Indemnification, ................................... 6.31-6.33 Insurance. ... - - . ­1 .......... I ......... ......... -3.3 Precedence ........ . ....... 1,3.3.3 Reference to ....................................................3.3.1 Safety and Protection ..... ............. 6.20.13.2 Subcontractors, Suppliers and Others.,,,....,, 6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises .................................................0.16 Visits to Site . ...................................................... 9.2 Liability Insurance- CONTRACTOR's ............................... ................ 5.4 OWNERS ..................................................... ..... 5.5 Licensed Sureties and Insurer* ................................. 5.3 Liens - Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Tide .......... ......... 14.3 Final Application for Payment ..........................14.12 definition of .................... ............................. _1.23 Waiver of Claims ............................................14.15 Limitations on ENGIN=s authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Author ized.......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others) - Precedence ....................................................3.3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment - furnished by CONTRACTOR ...... .................... ... 6-3 not incorporated in Work ................ ... I .............. 14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional) ..............................................16.7 Milestones -definition of ....................................... 3.24 Miscellaneous - Computation of Times .. .......... ................. 17.2 Cumulative Remedies .............................. . ........ J7.4 Giving Notice ............. .......... ............ ..... ....... J7.1 Notice of Claim ............................ .................... 17.3 Professional Fees and Court Costs Includc4 ........ 17.5 Multi -prime contracts, ..... ................................ ......... Y Not Shown or Indicated, ............... ........................ 4.3.2 Notice of -- Acceptability of Project, ......... ......... ................ 14.13 Award, definition of ......................................... J,25 Claim............................................................ 17.3 Defects.13.1 Differing Subsurface or Physical Conditions ... _.4.2.3 Giving............................................................. 17.1 Tests and Inspections I ... ................................ _ 13.3 Variation, Shop Drawing and Sampl4................. 0.27 Notice to Proceed - definition of ............................. . ...................... 1.26 givingof ...........................................................2.3 EXMC CENERAL COMITIONS 1910.8 0990 EXTION) w] CITY OF FORT COLLINS MODIFICATIONS (RFV 9/99) Notification to Surety .................. ..........................10.5 Observations, by ENGDIEER ........................... 630, 9.2 Occupancy of the Work .................. 5.15, 6.30.2.4, 14.10 Omissions or am by CONTRACTOR ...............6.9.9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace ....................................................5.14 Article or Paragraph Number "Or Equal" Items ......................................................15.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER — Acceptance of defective Work ...........................13.13 appoint an ENGINEER ......................................8.2 as fiduciary ...............................................5. 12-5.13 Availability of Lands. responsibility ....................4.1 definition of ......................................................1.27 data, furnish ..................... ................................ ?.3 May Correct Defective Work............................13.14 May refuse to make payment ............................. jj4.7 May Stop the Work ........................................13.10 May Suspend Work, Terminate ........................... Payment, make prompt .................... 13.3.14.4,14.13 performance of other work ................................. 7.1 permits and licenses, requirementj ................... �§.13 purchased insurance requircmen% ............... 5.6-5.10 OWNER!s­- Acceptance of the Work .............................. 0.3025 Change Orders, obligation to execut; ......... 8.6, 10.4 Communications ............. .................................. 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................9.11 Inspections, tests and approvaI4 .................. P.7, 13.4 Liability Insurance ............................................. . 5.5 Notice of Defects .............................................. J3.1 Representative —During Construction, ENGINEER's Status .............................. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................F.10 Change Orders, ............................................. 8.6 Changes in the Work .... .............................. 10.1 communications 8.1 CONTRACTORS responsibilities .................... 8.9 evidence of financial arrangements ......... I .... $']I inspections, tests and approvals .....................8.7 insurance 8.5 lands and easement...... _.............................. 8.4 prompt payment by ........................................8.3 replacement of ENGINEER , .......................... $1 reports and tests ............................... . ........... 8.4 stop or suspend Work ................. 5.8.13.10. 15.1 terminate CONTRACTORS services ......... 8-8.15.2 separate representative at sit;..............................9.3 testing, independent ........ ...... ................... 13.4 use or occupancy of the Work .........................$. 15, 6.30.2.4. 14.10 Written consent or approval required .........................................9.1.6.3. 11.4 VCDC GENEM CONDMONS 1910-8 (1990 EDMON) W/CITY OF FORT COLLINMMODMCAMNMS (REV 91W) Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4 inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.01%" 37.5 (1'/z) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0(3 4) 13.6 13.7 13.8 NSA 12.5 (%2) 14.6 14.7 14.8 9.5 (3/a) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 7 of 31 Article or Paragraph Number written notice required .......................7.1. 9.4. 9.11, .......... .......................... I LZ 11.9. 14.7. 15.4 PCBs_ definition o4............................ _...................... 1.29 general.............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization — definition of.....................................................1.28 general6.30.2.4, 14.10 Property Insurance...........................................5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bands.................................... ----........5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ------- .............. 142 CONTRACfOR's Warranty of Title ...................14.3 Final Application for Payment.._ ....................)4.12 Final Inspection..............................................14.11 Final Payment and Acceptance .......... ..... 14.13-14.14 general........ ....................................... .........:$.3, 14 Partial utilization............................:..............14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ............................... j*4-14.7 prompt payment ............................. »................... 0.3 Schedule Of Values...........................................14.1 Substantial Compleffort............. ............... 14.8-14.9 Waiver of Claims, ............................................ 14.15 when payments due................................14.4. 14.13 withholding payment... ............... ...................... 14.7 Performance Bonds ....... ..................................... 5.1-5.2 Permits......................... ................ ................13 Petroleum-- defmition of ............................. ........... ............ 1.30 general..... . ...................................................... 4.5 OWNER's responsibility rcr...............................8.10 Physical Conditions -- Drawings of. in or relating to ........................ 4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures...........................................4.2.2 general4.2. l .2......................................................... Notice of Differing Subsurface or,....................4.2.3 Possible Contract Documents Change................4.2.5 Possible Price and Times Adjustments...............4.2.6 Reports and Drawings ....... ................ .... _.._ ...... .2.1 Subsurface and,..................................................4.2 Subsurface Conditions, ............ .................. 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.22 Underground Facilities— general........................................................ 4.3 Not Shown or Indicaed ............................... .3.2 Protection of ........................................ 4.3, 6.20 Article or Paragraph Number Shown or Indicated__._................._....._................4.3.1 Technical Data............................................4.2.2 Reconstruction Conferem;q................ ...... ...... .......... 2.8 Preliminary Matters .................................................... 2 Preliminary Schedules..............................................2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract. , ... I .......... .... I .......... 11 Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--rctainagc................................-.14.2 Progress schedule, CONTRACTOR's,........... z,6,18.19. ............. I ............. ...... 6.6, 6.29, 10.4, 15.2.1 Project —definition of .............................................. 1.31 Project Representative— ENGINEER's Status During Construction........... 9.3 Project Representative, Resident. -definition of., ....... 1.33 prompt payment by OWNER .............................. .....83 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization ................... ............. 5,15. 14.10.2 receipt and application of proceeds. ........... 5.12-5.13 Protection, Safety and ...................... ........ §.2".21, 13.2 Punch list ............................... _......................... 14.11 Radioactive Material-- defintion of............................__......,..............1,32 general4.5 OWNER's responsibility for..............................8.10 Recommendation of Payment:................14.4, 14.5, 14.13 Record Documents., ............................... .... _6119. 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ...................................................... 4.4 Reference to Standards and Specifications of Technical Societies ........................................ 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ........................ ...... .._..... ...9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................A3 Remedies, cumulative ............................ _-...... 7.4. 17.5 Removal or Correction ofDefeetive Work................)3.11 rental agreements, OWNER approval required .... 11.4.5.3 replacement of ENGINEER by OWNER.....................8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNERts responsibility ......................8.4 Resident and Project Representative— definition of.....................................................1.33 provision for.............................................................9.3 xii EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR* ............... 6.2 Responsibilities— CONTRACTORs-in gencrat ................................. 6 ENGINEERS -in general........................................9 Limitations on, P. 13 OWNERs-in general .............................................8 Retainage... ........................................................ 14.2 Reuse of Documents .................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review or Applications for Progress Payments ..................................... 14.4-14.7 Right to an adjustment..---------...._........................j0.2 Rights of Way.. .................. . ............ ........ ----- 4.1 Royalties, Patent Fecs and ......................................6.12 Safe Structural Loading ..........................................15.18 Safety -- and Protection .................. ............. 4.3.Z 6.16,6.19, ..... I ................................ 7.2. 13.2 general ..................................................... §.20-6.23 Representative. CONTRACTORS ....... .......... .... §.21 Samples— defirtition of ........ ............................................. 1.34 general ..................................................... 0.24-6.28 Review by CONTRACTOR ................................ 6.25 Review by ENGINEER.......__...................6.26, 6.27 related Work .....................................................0.28 submittal of ..................................................4.24.2 submittal procedurq .........................................6.25 6.25 Schedule of progress ....................... .... 2.6,2.8-2,9, 6.6, ........... .............. .............. 6,29.10.4,15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 24,2.8-2.9, 6.24-6.28 Schedule of Values_.._.......................2 6,2.8-2 9,14.1 Schedules -- Adherence to ..................................................15.2.1 Adjusting...........................................................0..6 Change of Contract ..........................10.4 Initially Acceptable ...................................... 2.8. 2.9 Preliminary......................... _ .............................2.6 Scope of Changes ............ ............ ............. 10.3-10.4 Subsurface Conditions .........................................U.1.1 Shop Drawings — and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payments, and ... - ­ ­ . ............................. 9.7-9.9 definitionof ................................. ................... 135 ENGINEEWs approval of ..................................3.6.2 ENGMERs respcnsibflity for review ..................................... :9.7,6.24-6.28 related Work.... _..__ .......... ........... .................0.28 review procedures ........ _ .................... 2.8. 6.24-6.28 Article or Paragraph Number submittal required ...............................................6.24.1 Submittal Procedures ......................................... 6.25 use to approve substitutions .............................. j5.7.3 Shown or Indicated 4.3.1 Site Access ......................................................7.2, 13.2 Site CleanlinesA ...................................................... �. 17 Site, Visits to -- by ENGINEER ..... ..................................... 9.2, 13.2 byothers .......................................................... 13.2 .special causes of loss' policy form. insurance ........................................................ �.6.2 definition or .....................................................1.36 Specifications— defination of ................ __ ................................1.36 of Technical Societies, reference to * ........ ......... 3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Technical Societies.. ........................................ 3.3 Starting Construction, Beforq .............................. 2.5-2.8 Starting the Wor$............... ......... ........................... 2-4 Stop or Suspend Work — by CONTRACTOR ................. ............ . ........... 15.5 by OWNER ............ ................ . ...... 8.8, 13.10, 15.1 Storage of materials and equipment . .................. 4. t. 7.2 Structural Loading, Safety ............... . ...................... 6.18 Subcontractor — Concerning............................. . .............. definition of� .................. __ .............................. J37 delays............................... _ .... __ ......... ........ 12.3 waiver of rightk ............................ .................. 0.11 Subcontractors —in general ................................. 6.8-6.11 Subcontracts --required provision$ .... 5.11. 6.11. 11.4.3 Subm ittals— Applications for Paymen..................................14.2 Maintenance and Operation Manuals ..............14.12 Procedures .......................................................0.25 Progress SchoduleA ...................................... 2.6.2.9 Samples ..... ................. ........... ............... 0.24-6.28 Schedule of Values, .................................... 2.6,14.1 Schedule of Shop Drawings and Samples Submissions,... ............ __ ................. 2.6, 2.8-29 Shop Drawing; .................. A24-6.28 Substantial Completion -- certification of ..... .................. -A.30-2.3, 14.8-14.9 definition of .....................................................1.38 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal" Items ...............................6.7 CONTRACTOR's Expense ............................ 0.7.1.3 ENGINEER's Evaluation 6.7.3 "Or -Equal"................................................. Substitute Construction Methods xiii EJCDC GENERAL C01,01-FIONS 1910-8(1990 EDIT10M wl CITY OF FORT COLLINS MODEFICATIONS (REV 91W Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items ............................._ ............ .6.7.1.2 Subsurface and Physical Conditions — Drawings ol: in or relatitg to ........................4.2.1.2 ENGINEER's Review, ..................................... 4.2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized: ------- .......................... I ............ 4.2-2 Notice of Differing Subsurface or Physical Conditions .... ................ ..................... :4.2.3 Physical Conditions ...................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings._..................................4.2.1 Subsurface and....................................................4.2 Subsurface Conditions at the Sitq...................4.2.1.1 Technical Data................................................4.2.2 Supervision-- CONTRACTORs responsibility ...........................0.1 OWNER shall not supervise............................_.8.9 ENGINEER shall not supervisq................. .2, 9.13.2 Superintendence.. . .......................... .........................0.2 Superintendent. CONTRACTORsresident...............0.2 Supplemental costs,,,_„........................................11.4.5 Supplementary Conditions — definition of ............................ ........................ 1.39 principal references to.................).10, 1.18, 2.2, 2.7, ....................4.2, 43, 5.1, 5.3, 5.4, 5.6-5.9, ... ..,...... * 5.11, 6.8. 6.13, 7.4. 9.11, 9.3. 9.10 Supplementing Contact Document* ......................... .6 Supplier -- definition of ..... ........................ _...................... 1.40 principal references to... .... 6... 33, 6S, 6.8-6.11, 6.20, .................................6.24, 9.13, 14.12 Waiver of Right....................................4.6........ ISM Surety — consent to final payment . _.................... ) 4.12. 14.14 ENGINEER has no ditty to..................4.............9.13 Notification of .......... ......... ............. 10.1, 10.5, 15.2 qualification of ........................................... Survival of Obligations.................................4.........6.34 Suspend Work. OWNER May ............. ....... ..13.10, 15.1 Suspension of Work and TerminaLion- ..............4.......15 CONTRACTOR May Stop Work or Term irate..............................................15.5 OWNER May Suspend Wade ................... __....... 15.1 OWNER May Terminste...... ...................... 15.2-15.4 Taal —Payment by CONTRACTOR .........................0.15 Technical Data -- Limited Reliance by CONTRACTOR, ............. _4.2.2 Possible Price and Times Adjustments..............4.2.6 Report of Differing Subsurface and Physical Conditions... ............... .....4.2.3 av Temporary construction facilities....._.. _.....-__.- _ 4.1 Article or Paragraph Number Term instion— by CONTRACTOR .................. _......... ...... __... 15.5 by OWNER ......................................... .8, 15.1-15.4 of ENGINEERS employment...............................6.2 Suspension of Work-in general .............................15 Terms and Adjectives .................................. ............ $A Tests and Inspections — Access to the Work, by others ................ _,_........ 13.2 CONTRACTOR's responsibilities ...................... J3.5 cost of 13.4 covering Work prior to ................ .............. 13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defect ...... ....................... ................. 13.1 OWNER May Stop Work ......... .......................13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER„ ........................9-6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEERS request ................................ _............_13.8-13.9 Times-- Adjustin&.............................._..........................0.6 Change of Contract. ............................_............ 12 Computation of...............................................17.2 Contract Times deftn[tian of ...........................1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements -- appeals................................................. 9.10, 16 clarifications, claims and disputes. ................. 9. 11, 1 LZ 12 ............... 2.3 Commencement of Contract Times .................. Preconstruction Conference ...........................7.8 schedules.........................................2.6. 2.9, 6.6 Starting the Work__................_......._..........2A Title, Warranty of...................................................14.3 Uncovering Work .......................... ............. ..... 13.8-13.9 Underground Facilities. Physical Conditions — definition of .................................................... AI Not Shown or Indicated ................................... 4.3.2 protection of ........................ __.._........---- 4.3, 6.20 Shown or Indicated ........................................ 4.3.1 Unit Price Work — claims...... ......................... _........................11.9.3 definition of ..................... _..... ... ...................... 1.42 general l 1.9. 14.1. 14.5 Unit Prices-- generall 1.3.1 Determination for ............................................ 9.10 Use of Premises.................................6.16, 6.18, 630.2.4 Utility owners.............................0.13, 6.20, 7.1-7.3, 13.2 Utilization. Partial...................1.28. 5.15. 6.30.2.4. 14.10 Value of the Work...................................................11.3 Values, Schedule o(..............................2.6, 2.8-2.9, 14.1 EJCW GENERAL coNIXTIO lS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLIM MODIFICATIONS (RF.V 9/99) Variations in Work —Manor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGINEER ................................... 9.2 Waiver of Claims --on Final Payment ................„.„ 14.15 Waiver of Rights by insured partic*..................5.11. 6.11 Warranty and Guarantee, General —by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORS .......................14.3 Work -- Accessto ......................... - ........................13.2 byothers .............................. -.............................. 7 Changes in the....................................................JO Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate ........................ .......... ............ 15.5 Coordination of ........ ........................................... 7.4 Cost of the .............................. _............... 11.4-11.5 definition of........................ .............................. 1.43' neglected by CONTRACTOR............................13.14 otherWork .............................. ............................. 7 OWNER May Stop Work ................. ................ 13.10 OWNER May Suspend Work...................13.10, 13.1 Related, Work at Site....................................7.1-7.3 Startingthe,, ................ ..................................... 2.4 Stopping by CONTRACTOR..............................15.5 Stopping by OWNER ..... ............................ 15.1-15.4 Variation and deviation authorized minor ........... 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of 1.44 principal references to„....................3.5.3. 10.1-10.2 Written Amendment -- definition of.. principal references tq..............1.10. 3.5, 5.10,15.12. ........................§6.2, 6.8.2, 6.19, 10.1, 10.4, ............................1.1.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations..................................3.6.3.9.4.9.11 Written Notice Required — by CONTRACTOR............................7.1. 9.10-9.11, ................... I.— ...-.......... ..... 10.4. 11.2. 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC MNEM CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (phis page led blank intentionally) mi rJCDC GENERAL CONDITIONS 19to-8 (1990 EDITION) a•/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9l99) GENERAL CONDITIONS ARTICLE 1-DEFINMONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the memun= indicated which are applicable to both the singular and plural thereof 1.1 Addenda -Written or graphic irstntments issued prior to the opening of Bids wltich clarify, correct or change the Bidding Requiremems or the Contract Documents 12. Agreement -The written contract between OWNER and CON fRACI.OR covering the Work to be performeck other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13. A lication for Payment -The form acecjntud by ENGiNR which is to he used by CONTRACTOR in rcq=-ting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos--Atty material that contains more than one percent asbestos and IS friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Doctsnents-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). 1.7. Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid form. 1.8. Bondi -Performance and Payment bonds and other instruments of security. 1.9. Change Omer -A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued an or after the Effective Date of the Agreement. 1.10. Contract Documents -The Agre.•ernent, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any pow Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Dmwings as the Exec OENERAL col N TIOM 1910s u990 Eaiiumi w,'t7TY OF FORT COLUM MODIFICATIONS (REV 420M) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragmphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance 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 numbers of Clays or the dates stated in the Agreement: () to achieve Substantial Completion, and (u) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. COArMCTUR-The person, firth or corporation with whom OWNER has entered into the Agreement 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of an) inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings -The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are riot Drawings as so defined 1,16. Effective Date of the Agrvenient-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it meats the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER -The person, firm or corporation reamed as such in the Agreement. 1.18. ENGINEER's Consultant -A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 1.19. Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 bin which does not involve a change in the ContactPrice ar the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122a. Laws and Regulations, Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdictioa 122.6. Legal Holidays—shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or enctanbrances upon real property or personal property. 1.24. Milesrone--A principal event specified in the Contract Documents relating to an intermediate completion mate or time prior to Substantial Completion of all the Work. 1.25. Notice ojAwmzt—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and onwhich CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contras Documents. 1.27. OWATER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129 PCBs —Polychlorinated biphenyls. 130. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard coalitions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other ron-Hazardous Wastes and crude oils. 1.31. ProVect—The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wt CITY OF FORT COLLINS MODIFICATIONS MEV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Worldne How,&- zular working hours are defined as 7:00am to 6:00= unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of same portion of the Work and which establish the standards by which such potion of the Work will be judged 1.35. Slwp Drawings--AII drawings, diagrams, Illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified pan thereof has progressed to the point where. in the opinion of ENGINFER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued), when the Work is complete and ready for final payment as evidenced by ENCr1NEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The pan of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks. tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. flint Price Work —Work to be paid for on the basis of unit prices. 1.43. Rork —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the wmtructim and perform ing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44. Work Change Directive —A written directive to CONTRACTOR, issued cn or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an additicrn deletion or revision in the Work or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pawgraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Cider following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tines as provided in paragraph 10.2. 1 A5. W7itten Amendment—.4 written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the noncngi Bering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARYMATTERS Delivery of Bonds: 2A When CONTRACTOR delivers the executed Agreements to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDocaments.• 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) or the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contrary Times; Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, FJCDC (]D*XAL CONDITIONS 19104 (1990 Edtim) M CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. in nevent w4l he Gentraet Tim of Bid opening or the thirtiethdey-after-tho-EfleetiveTgete of-ihe:Agreement vhieheverdate-isewlier Starting the Work: 2A. CONTRACTOR shall start to perform the Wok on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Timm commence to run Before Martmg Consirreetion: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify inert figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER aT conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten days after the Effectve Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starling and oompleting the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; �.62.1„_ In no case will a schedule be acceptable which allows less than 21 calendar revs for each review by Ent ineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and Q;W shall eaeh deliver to the ether OWNER with copies to identified in the Supplementary Conditions FTIGINEER certificates of insurance (and other evidence of insurance requested by_ OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4-5:6-aM 5:7. Preconstruchan Conference: 2.8. Within twenty days after the Contract Tunics scan to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working undcrstarding, among the parties as to de Work and to discuss the schedules referred to in pamgraph 2.6, procedures for handling Shop Drawings and other submittals processing Apphoatioas for Payment and maintaining required records. Initingy Acceptable Schedules: 2.9, Unless otherwise provided in the Contract Documents App{ieetien-fed-aaayment before any work at the site begina a conference attended by CONTRACTOR, ENGINEER and others as apprc>prrete designated by OWNER will be held to review Orr to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. �d�vj;jp�] -General Reat ugments. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequenci% scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary: what is called for by me is as binding as if called for by all. The Contract Documents will be mnstnred in accordance with the law of the place of the Project. 32. It is the intent of the Contract Documents to EXDC OENEEF At. CONDMONSS 1910-8 (1990 Edition) wl CITY OF FORT CX)U 1NS MODII7CATION3 OtEV 4/2000) describe a functionally complete Project (or pan thereof) to be constructed in accordance with the Contract Documents. Any Work materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furrushed and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and SpecifrmSons of Technical Societies, Reporting and Resolving Discrepancies• 33.1. Reference to standards, specifications, manuals a codes of any technical society, organization or association, or to the Laws or Regulations of env governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regtdatiom to elleot at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may he otherwise specifically stated in the Contract Documents 3.3.2. It during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or axle or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for frtilure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents): or 3.3.3.1. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, cork or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their subeantractors, cormhants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of FNGIN'EFR's Consultrnts, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable". "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contact Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Conoud Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendmcnt, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EICDC CIDIERAL COMMT1ors 19104t (1990 Edtim) x/ CITY OF FORT COLLIIIS MODIRCATIOt1S QtEV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and mina variations and deviations in the Work may be atnhariad, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to pamgtaph 9.4). Reuse ojDocumentL 3.7. CONTRACTOR, and anv Subcontractor or Supplier or other person or organisation performing or furn firing any of the Work under a direct or irdlrect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docranents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGINF.F.R's Consultant, and (ii) shall not reuse arty of such Drawings, Specifications, other documents or copies on eMensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINFFR. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Aradabillty of Lands: 4.1. OWNER shall furnish, as indicated ated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the useofCONTRACTOR ilponreasoaable-wratenrequest, statement of -k gal%asariptaxro€the lards -upon which -the,- �lktrk-is-b-be-fixmdcl �arKl OWAER's-interest-therein an-rneessary-for-gvirw-rota x of-or-fFling--e-madtertiE's-4iert--egeirtat-rusk-lards-art OWNER shall identify any encumbrances at restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way of easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The hot mix asphalt top layer shall not contain any reclaimed or recycled asphalt pavement. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S) (100). To prevent stripping, a minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken at the location specified in Method B of CP-41. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Patching) (Asphalt) Ton Hot Mix Asphalt (Grading S) (75) (PG 64-22) Ton Hot Mix Asphalt (Grading S) (75) (PG 64-28) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 8 of 31 CONTRACTOR shall provide for all additional lands and aura thereto that may be required for temporary construction facilities or storage of materials and equipment. J.Z. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Coalitions for identification of: 4.2.1.1. Subsurface Con&lions. Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Cuntract Documents, and 4.2.1.2. Physical Conditions: 'Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized. - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such repots and drawings, but such repots and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEER's Consultants with respect to: 42 2.1. the completeness of such reports and drawings for CONTRACTOR's purposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 41.2.1. other data interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.23. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations. opinions or information. 4.2.3. Notion of Differing Subsurface or Physical Condtianr if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 41.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or VCDC UENER.U. CONDITIONS 19108 (1990 Edition) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shah, promptly it Itlediately after becoming aware thereof and before further disturbing conditions affected thereby or perfuming any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and EIIGTNEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 42.4, ENGINEERS Review: ENGINEER will promptly review the pertinent conditiom determine the necessity of OWNER'S obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result ora condition that meets one or more of the categories in paragraph 4.2.3. a Wok Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Trines Az#ustments. An equitable adjustment in the Contract Prim or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR'S cog of, or time required for performance o[ the Work; subject, however, to the following 4.2.6.1. such coalition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.1 a change in the Contract Documents pursuant to paragraph 42.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustm ent; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis• any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4,1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in raped of Contract Price and Contact Times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revelled as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract 1?rice or Contract Times, it claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and hTIG1NEER's Consultants shall not be liable to CONTRACTOR for any claims, coats, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 43. Physical Condtions-Underground Facilities: 4.3.1. Shown or Indcared.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 431 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 43.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (il) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indcated.- If an Underground Facility is uncovered or revealed at or contiguous to the site which was trot shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 19103 (1990 E(kim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the o¢en L if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Wort: Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR skill may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributahlc to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNnt CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I and 12. However, OWNER, ENGINEER and ENGTNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINE s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grader or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Peroleam, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 43�2-f '4-TILAC,T-OR shell immediately; -(i)-stop all much-notice...in-writing) -- 0;k"N'ER- shall -promptly eaanvetit-with-£1dGLNER�.rxnernirp;tFte-necessity-for F3t?.TR-to ratairt a[ptaltCtad axperEto evaluate- such CONTRACTOR shall -not bL- uired to resume Work iF-inarw anv-r red --permits related -thereto -and -delivered -to thy-aayy-aAeetect-area-15 OF kats been rendered sale far the . (ii}spncifyingarty spacial oomlitiom taderwhiahsuch Work be E�A'FRma�6T9R eesumed safaiym if 03AWWR and EmnuF the MOUN Of Wont-stoppage-nr-m+sh-'sperich-eanditioris.,,,,d�,-..,,_ •.a, ^h to to he FeSUM e$ ores-prewdad in ARielea-l-f-Ind -I I CON-PRACTOR-dges-not agnse to resume such wrxk -&vs-not ergeo r-•- --F_ - of -1 {_ condition-.;' ••,ph .. N'..�. �d nr.._ * L.. deIete"ent agree as to entitlement to or the amount or e)<tent of -an 44he-W k;-kkain either-party-may-makea-claim, then>foFas-lsovide4-in trial, portion- c f the -Work- -performed by OWNER'S -own Domasor.Nhers ina"ordktnce with Article 7 red -by -haws -and Regulations:--0WNIER shall-indenttufy and -hold harmless _--COATRACT'OD----Subcimtmctors, CAIGRiFEF L4tGPTE W9 r.._....I..._.., and .ham. officers.- -directors. -employees.. __.agents. �tther arrewltank;-oral- nulxomnwl<as-d�-wtub-and-ony-al' Them -from -oral against all claims,--costs;-losses-and damages -arsing--out-.o€-a- resupetg -from-such hasrdous+Ieaditiaa.�roY-idecl-that-{�}anY-st+eh-alt>im: cost, -loss a- damage is attributable- to bodily..mjury. of ..._era., .. (other then the v err& . _el) including--the�loss-ol-use -resulting-Iherelrcun. and (igrtething-in this -subparagraph -43:4-shall-obligate OWNER -to indernmWarly perun-cs­entity-from -arid own neghgencr 1.5.5. TL hs A 2 I 1 ] . a�rovisidats-�f�a.oP�,.n--.,_ ,a>o�-r�--m., not ded to rppl. Ashester PCBs; Pelmleurn UMCGOORAL CONDrnotu Islas (1990 E(lition) w/aTY OF FORTOC)UJ SRIODIrICATIONS[REV4R000) ARnCLE S--DONDs Aim ESISURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amottrtt at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS ubliRations under the Contract Documents. These Bonds Sher I remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All fonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Broods and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff: Bureau of Government Financial Operations, U S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; CerYiftantes of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER- stroll additional-tnsued-idcmdied-ut-tle Supplementary -. E;etralitians.-eertifie of any either addrtiensl ifarfed) whieh OWNER CONTRACTOR's Liability Insoance.• 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplies, or by anyone directly or indirectly employed by env of them to perform or furnish any of the Work, or by anyone for whose acts any of then may be liable: 5.4.1. claims tinder workers' compensation disability benefas and other similar employee benefit acts; 5.4.2. claims for damages berausc of bodily injury, occupational sic nests or disease, or death of CONTRACTOR's employees, 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; e. A-. oaaas-for-damages--insured--by-customary a ... /. ,.r .,....rc ^sedireetlyts r indiraetty reletpl wment of uch perrson-kx G(*P;P,.A9F0R.--er- by any other person for any 5.4.5. claims for damages, other than to the Work itself: because of injury to or destruction of tangible property wherever locate including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5A 7. with respect to irsumnce required by paragraphs 5.43 through S.4.6 inclusive arui 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER ENGINEER ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichnever is greater, 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 191" (1990 E66M) w/ CITY OF FORT COLUM MODIFICATIONS (LEY 412000) 54.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under Para graphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide); 5.4,12. remain uh effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplement= Conditions to whom a certificate of imsumnce has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OiL1VER's Liability Insurance., 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5A, OWNEFL at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents, Propertr Insurance. Sf>>.- I�nlris-oFFt.�wive-provided-et-thz-Suepkawnmry Conditions, OWNER--shall--purchase-and-ma ntain s€-Flit-fi+ll repincrnmx...east--thseof-(subjrtx�o-such deducuble - emcwnns - as may-bee-ltrevidnrl--vr--the Suppiementarj^-Conditions or- rtgn:rcil-by--)=eras-aril Regulations).--This-insurance shill: 3.{r, i—atol ude-�e -�aerests--ef-9lVNER. enttlied-tole }-Ccnnditions, each of whom isdeemrd-tohavratrinsurable-interest ortd-AAI-Vielisted asan-insured or-additicxal4risunhd; c 6 2. be-m rr'on-e -l3ud icl S-ita91�"911 F 9k"-or shall- at -least- nc the -following- peakfire, lightning, exten-dd .xwaraga: t3tel}.-�awdalsnr end -malicious -mischief, kegulatiW1 wa .1..__,.. __.1riLsPes-fnay be §G3- inclaek-ecpemes- irlearred irx the --repair .or replacomentof any-irtetued-property-(ineludulg Last -not i:_ita j to vat. and charges o �ii.eers-anti erahitects) crateanother-location-that-was-eWeed-to-un =vtgby #peientiiav,- en mmended r�TlNfSb]:arid 56 5 be fil-f}Ael--payrr enl-LS made unless otherwise agree t � I n 14, kimp �;, thirty dq4 written ri3dEiitlOnai ks- - uea and matntain-such bo lcv and es-may-be-iequuLd by the-Supplemealtary Cnaditiuns-car (Arrla +nwrrn A rvrno P. L_..... { Enwnpw ck; ta-deenr'a..(Dlcintlisted „_ red- maintauKd by4DVR4BR:and -in-aswrdense-with paragraphs-t:G 5.7 ill ___,..__ _PfEwr en _.e_-� ,,. L. th ..-a$or�lee�wll not-be-camMlad-or--materielly clapped ve-renewal-rafused-until-at-least-ihirty-dsys'_prior written- -notice-- has- bee"eveer- ter-OW34ER-and l NFR A4.49R _mA . eaelt other a4d u_1 :ems .w.l a whom-t-oertificate-of-hmurance-has-.been-ish a -and will contain- waiver- previsietu -in- accordance- - with 59. OWNER shall not be responsible for purchasing and maintamme any property insurance to protect the interests of CONTRACTOR, Subcorttractors or others in Lie Work to the amen� of a" deductible a-mam's thal. gr� identified -in the--5upplementerv-Conditions-'the-risk-of hers -suffering .any such- and-ire�ny-atf-them-wishes-property -,insurance eaverage wit}rirr-the-limit¢of such-amount9;_.each--may purcima end maiNain�Ea4tl+a-pacheser-'srnvrtaxperxa. 6.1�IF6ONT-RAUFOR feyuests-i n special policies i�uranaa loreinaludad ' poli .-I be charged to GQ�4RACTORb5 appEopfiia Change order ^ u�» menent met t FJCDC GENERAL CONDITIOM 19108 (1990 Edilicia 10 w/ aTY OF FORT COLLI NS MODIFICATIOI-S atEV 4/2000) wmmansem.�Lt�.Etha Wc1rlE at-Lhaaita; B�Vf*FfiR-shaA in 1-i-k.-OWN$t�and�AN�11�4C�'-0R-ink�eckifieEaB polieic�a-purshaead-in-ecc�danee-with-pefa�irplis-S�i Saiia011�8f�IX5.--m�li�v ll�1F31� ��il`r�iFtR�9 ., .6�OlY+uhaniSAnd;al'.... pdrs1 ns oliGBS rititims m-Afiod 1... I:.. .. insureds-or-additional-insureds-irt-sueArpalieies and damages Caus by the perils Gevered thereby Al Leh' �.. LL.�....�3eRk-8f BRj'-I055-Bf-dam@$tl-ille insure Lie—ins,,e agairw!J each Nl.x ...1 theirFew ..fin.. directern, mipl-ev_v�eas .,,l ng ,.. f .Ail I.....e. ....,1 Qn�-a€-trl ---5 and any �-waive -11 .-` �I.--gaiRst sabeanaa�rr>;—€ll�ler�.t, �tN�raR F,or>su}tams-and$1l-cn#aFpatsans orarrtitiasidanu€icd payable- under-arty-peHoy-so-issued 5.111 r_ Rd&*Ofl, /llAWEU ..II i._Le.. Aainst_..---CONTRA(7TOR---Subc�-)ntmetam o€�eees,-�ueetor�-aml�loYees-ancF'nganEs' of-'arty-0f them;-for- o�t�ve ear- other-cotisequer that -loss extanding beyond -direct --physica-l--loss--m -damage-to arising©utof-or-reKulLing-from-fua ur other-pertk whathar-nr-nnL-insured by-6WPIF8R_-W%l 3-H�.'t-2--1� - arr-damega�to--tHa-cmnpktod }�rojesttu-pert'therna resulti g from fire -or other -insured -peril -covered Ift during - --partial-....u€ili�tion -- pursuant - ka paragraph-l4: I4.--after-Substantial-4ompletion pursuantto-para�rply-k4%-cu alter- final -payment Fred u) in he effect that ar - n pdamage [c the --M ..:1 hav e , rights-4 reeoveq-egeinst-any-et-C-.ONTRAC-Tjo&- Sukatractom Reeeq#andAMUcadoe ofinatrance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle anv lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach if no such agreement among the parties in interest is reached, OWNER as fiduc any shall adjust and settle the loss with the insurers and Accepraace aff3ondc and In.vvanee; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Ben&er insurance required to be purchased and maintained by the other p", CONTRACTOR in accordance withArticle 5 on the basis of nonconformance with the Contract Documents, the objecting -pally --hall sonotrfy theotherparty OWNER will notiCv Q(2�_MACTOR in writing within tans fftg.M days after receipt delivery of the certificates for -other -evidence requested) t-Q OWLJ�R as required by paragraph 2.7, PrI other such -additional -information -in -respect of-utsurance prcwidetl--as-theto4w-may-raasrxarbly-easy.., rf-eiFher party-doc&rnN-.purchase or. maintain all -of the Bondsand insurance--required --of - su&--party--by--the --Contract writing-ofsuoh-failtue-topun�taso-baior-tv flier start of the eF-remedy; the other-parly-tray-elact 4o abtein-e(Mval nt Boralsor insurat>ceioprotece saeh otlterty's-interests at Fhe-expanse of-4he-partv--who-was required-ta provide such seyffaa• Gentraet-price-accordingly: Portia[ Utikmrion-Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJrncOEMi Ai.cormitloxs I910-s t19901idtionh wa tin of FORT txxraNs MODIFICATIONS patsy naooat Completion of all the Wort:• such use or occupancy may be accomplished in accordance with paragraph 14IQ,, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby_ The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RE"NSIMUTIES Supervision and Supoinrendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Document& 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and FTFGHJEFR except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR - Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or arty legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hens in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. m 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials. equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work 641. Purchasing Restrictions: CONTRACTOR must comply with the Citv's purchasirg restnctions. A coov of the resolutions are available for review in the offices of the Purchasing and Risk Mariagement Division or the City Clerk's office. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or ! n ets containing cement to certif}_that the cement was not made in cement kilns that bum hazardous waste as a fuel 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall bit applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: G.G. CONTRACTOR shall adhere to the progress schedluk established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with arty provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) stroll be submitted in accordance with the requirements of paragraph12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items. 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by "sing the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description E1CUcoENffitAi, cONmnomi910-s o" atim) 12 wi MY OF FORT GOWNS MODa7CAT1ONS atEV 4r2000) contains or is followed by work reading that no like, equivalent or "or -equal" item or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficierdy similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINF.ER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items. if in FNGINBER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subpangmph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will no be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to famish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in correction with the Work is subject to payment of any license fee or royalty. All variaticros of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including casts of redesign and claims of other contractors affected by the resulting charge, all of which will be CONTRACTOR shall verfom not less than 20 considered by Eh1GiNEER in evaluating the percent o, the Work with its own forces that i proposed substitute. ENGINEER may require without subcontractiry . The 20 percent reauirtsn CONTRACTOR to furnish additional data about shall be tmderstood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent or the Contract Price. 6.7.13. COMMICTOR's E#wnse: All data to be provided by CONTRACTOR in support of any 6.8.2. i -the-Suppinmentaw-Condition Bidding proposed 'or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR's expense Subcontractors, Suppliers or oiler persons or organizations (including those who are to furnish the 6.7.2. S» bsutule Construction Medhods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER in -advance of -the -specified sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER —and --if Documents, CONTRACTOR may furnish or utilize a GG?"'° ^ ^q0R ,.__ _ bmmad _ list thereof '_ substitute means, method, technique, sequence or a000rdttrtee--with-4ha—Supplementary Conditien:11 procedure of construction acceptable to ENGINEER. OW NEWS or ENGiNEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEEi, in ENGiNF.ER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Duahmaus) of that expressly called for by the Contract Documents. arty . The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.12. bestir,-eFravastigetien; /`�Iw ITO n/�l'/1D 6.7.3. Engineer's Evaluation: ENGTNEER will be iH�6._h ___ AhA11 ....A�a we grtable su{r.+UWW, -the--Contrsot--Price-will— be allowed a reasonable time within which to evaluate adjus�ed by the di ffe.....__ in tom_ ._st ___mooed �.. each proposal or submittal made pursuant to saalt-su�s[iaxian�rtd--en-appropriate- eng�Order paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the . will sole judge of acceptability. No "ore I" or Wrrditute a cunditiut of the Contracts wr.ng the substitute will I he ordered, installed or utilized without use of the named subcontractors. sutxhlias or other ENGINEER's prior written acceptance which will be rztsrms or organization on the Work unless prior evidenced by either a Change Order or an approved written atmoval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTOR's ENGTNEFR of any such Subcontractor. Supplier or expense a special performance guarantee or other other person or organization shall oanstitute a waiver surety with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENG]2%=s Corultants in evaluating substitutes proposed or submitted by 6.9. CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 and in making charges in the Contract 6.9.1. CONTRACTOR shall be fully rcgxxmble to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and om scions contract with OWNER for work on the Project) of the Subcontactor%, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGMEM's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Supplier or other person or organization any 6.8. Concerning Sxbcontractors, Suppliers and contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or oganvation, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation an [he p rt of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2� whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or laws an l Regulations. OWNER a ENGINEER ma} ENGINEER may have reasonable objection. Finnish to am subcontractor, supplier or other »arson CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment". COlv'TRACTOR has reasonable objection. EJCDC GENERAL COMMONS 1910-8 (1999 Edtion) 13 w/ aTY OF FORT COLLINS MODIFICATIONS (REV A20001 6.9.1_. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or firnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing anv of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any spcohc trade. 6-11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the SMSu ntractcr or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and eonditiors of the Contract Documents for the benefit of OWNER and ENGINEER Whenever anysueh off e4we t addammal--ireured-on-+e-pFop rty-im rare--provided-in GONTRACTOR and the Subcontractor ix Supplier-"l -N F r� rr Tcrp � c-r.*r mnnn�c ....s.�.,....� ,,.,J All OtherC-ONTRACTOR� s .fi_ __J_ r f all lass_ and daro_gei _ed by, eavered e sueh pal:_. J _ .. _ _ e «, : m. M apphe the Work.--IF-the-insurers on any suchpoliciesrequire Patent Fees andRoyaldes: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patens rights or copyrights held by others. If a particular invention, desiM process, product or device is specified in the Contract Documents for use in the performance of the Wort and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the Fullest extant permitted by Laws and Regulations. CONTRACTOR shall inaleirmify and hold harmless OWNER, ENGINEER, ENGIIvTEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any mfiringemem of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any inventiom design process, product or device no specified in the Contract Documents. F.tCDCo&Nxu.co1,UTIO s1910.8(1990Hdaim) 14 w/ CITY OF FORT (X)UJNS MODIFICATIONS OCLN 412000) Permits: 6.13. Unless otherwise provided in the So lementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licensm OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Lawsanditularians: 6.14.1. CONTRACTOR shell give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Rcgulauors, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall no be CONl'RACTOR's primary responsibility to make certain that the Specificanons and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and oilmen similar tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales end usx taxes an materials tcbe pemumen0y ineorporated into the project. -Said tares shall not be included in the Contract Rice. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado 80201 Sales and Use Taxes for the State of Colorado Reizional Trarsportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification Of Exemption — — ^-- All ajrpiicable Saks and Use Tarns (including State wllected tares), on any items other than construction and buildirm materials physically incorporated into the ti ect ere to be i CONTRACTOR and are to mcltuled in appropriate bid items. Use of Pranases: 6.16. CONTRACTOR shall confine construction equipmera, die storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGLNEER ENGINEERs Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shaft keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Wort: CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contact Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any master that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documews: EJODC OENERAL CONEXT10tx•S 1910E (1990 E&kn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to pamgmph 9A) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for refertuice. Upon completion an of the Work, d prior to release oC finial payment, these record documcriLs, Samples aril Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all accessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.1 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground N'acilitics not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall crest and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs G 20J or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of than or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protec ian of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 REVISION OF SECTION 403 HOT MIX ASPHALT (WARRANTY) Section 403 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of the construction of warranted hot mix asphalt in accordance with these specifications, and in conformity with the lines and grades shown on the plans or established. MATERIALS AND CONSTRUCTION REQUIREMENTS The provisions of Section 401 do not apply to warranted hot mix asphalt except for the following: Longitudinal joints shall conform to the requirements of subsection 401.16. Roadway smoothness she conform to the requirements of subsection 401.20. Paving limitations shall conform to the requirements of subsection 401.07. The Contractor shall be responsible for the hot mix asphalt mix design, production, placement, performance, process and thickness control testing, and warranty work for a period of 2 years from the date of pavement acceptance. The warranted hot mix asphalt shall be a mixture of aggregate, filler or additives if used, bituminous material, hydrated lime, and reclaimed material if used. A minimum of one percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all warranted hot mix asphalt. The Contractor shall establish the materials mix design (MMD) for the hot mix asphalt. The MMD consists of an aggregate gradation based on percentages of the material passing various sieve sizes, a percentage by weight of bituminous material to be added to the aggregate, and a temperature for the mixture at discharge from the mixing plant. The Contractor shall select all materials to be used in the mixture including the asphalt cement. Transverse cracking shall not be included in the performance warranty if the asphalt cement meets or exceeds the low temperature required for Superpave performance grade PG 64-28 conforming to subsection 702.01. The minimum thickness placed shall be as shown on the plans. Two weeks before starting paving, the Contractor shall provide the Engineer the MMD, the method of developing the MMD, all MMD testing, a list of materials, and all thickness testing methods. The hot mix asphalt shall be warranted for 2 years against the types of distress listed in (d) below. (a) Warranty and Warranty Bond. By submission of its bid in response to this specification, the Contractor warrants that all of the hot mix asphalt placed on the project shall be free of defective materials and workmanship for a period of 2 years from the date of pavement acceptance as defried in the Revision of Section Acceptance. The Contractor further warrants that it will ensure proper and prompt performance and completion of warranty work in accordance with this specification. Warranty work shall be _ performed when any defect occurs in the hot mix asphalt materials or workmanship within that 2 year period and warranty work is required or needed on that pavement. Prompt performance and Addendum 1 8125 Intersection Improvements at Vine & Shields Page 9 of 31 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.2L Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Earergenchm 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials tram similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to sable ENGINEER to review the information for the limited purposes required by paragaph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited FJCDC OEi+tF CONDITIOM 1910-8(199a Editim) 16 WCITY OF FORT IX)LIINS MODIFICATIONS at6V 4,2000) purposes required by paragaph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6,25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25A.1. all field measurements, quantities. dmensiorrs, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, sh Aping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incidentthereto. CONTRACTOR shall also have reviewed and coordinated each Slop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific naation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a serte item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required In}• ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawing or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirement% of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25.1. U.S. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent str6nnittal will be at the sole expense and responsibility of CONTRACTOR Conanuingrhe Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's Gmerat Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGfNEER's Consultants That all Work will be in accordance with the Contract Documents and will trot be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 4530.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR. Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in FJCDC OEMMAL CONEXTIONS 1910.8 (1990 Edum) tv! CITY OF FORT C'OLUM MODIFICATIONS (REV 412000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 6.30.2.1. observations by ENGINEER; 6.30.12. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6,30.2.7. any inspection, hest or approval by others; or 6.30.2.8. any correction of defective Work by OWNER fndemnificodon: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that anysuch claim, cost, loss or damage: (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in partniflby any negligence or omission of a person or entity inttemed hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, arry Subcontractor, any Supplier, am y person or organization directly or indirectly employed by 17 any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indernnnifieation obligation under Imragrsph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obl gations of CONTRACTOR under paragraph 6.31 shall riot extend to the liability ofENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sum iWofObligahons: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, w ll survive final payment, completion and acceptance of the Wok and termination or completion of the Agreement. ARTICLE 7--4DTHER WORK ReWed Work at Me. 7.1. OWNER may perform other work related to the Project at the site by OWNERN own Woes, or let other direct contracts therefor which shall contain Gencral Conditions similar to these, or have other work performed by utility owners. If the fact that such other wok is to be performed was not noted in the Contract Documents, then: (t) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u)CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are ratable to agree as to the am ount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such outer work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other contactors to the extent that there are comparable MDC GENERAL CONDITIONS 1910-8 (1990 Editiau) is W/C,7TY OFFORT ODLWNS MODIFICATIONS U(EV 412000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Wok. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Wok except for latent or nonapparent defects and deficiencies in such other work. Coon*nadon,; 7.4- If OWNER contracts with others for the performance of other work on the Projed at the site, the followingwill be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the spccific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extem of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE "VYWEICS RESPONSE ITIES 81 Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against wbem-C-ONTRAC-TGR--mak-e mot&-ressormble Vejectiom whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly amd shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and Providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR topics of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 9 -9 AW M's in reap ri�f purshesntg err -are -set forth-irtpersgraphs-F -Sthretish 5 8.6. OWNER is obligated to execute Change Orders as indicated in pamgraph 10.4. 8.7. OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4. 8.8. In connection with OWNER's right to stop Work or suspend Work, sec paragraphs 13,10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall nor supervise, direct or have control or authority over. nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. oar„_ctiy, _.. unc overed d r revealed at the site is set (4th in paragraph 44. 8.11, if arid to the e�aent OWNER f`/1AT6 crimp FoRgenlim ..:.J..�.... •Mr C......_:..r arsangearents- -nave berm - made- -to-sAW4.--- 0WPI1 is raspwrLsibility-in-respect thereof-will-be-asset-fort}r-vrihe SupplemernterrCond+tions ARTICLE 9-FNGINEER'S STATUS DURING CONSTRUCTION OWNER'S Represmtarive.. 9.1. ENGINEER will be OWNER's representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. I rsils to Site., 9.1 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EXDC GENERat, =,UTIONS 1910s (1990 Editim) av CITY OF FORT COLLIM MODIFICATIONS ptEV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work- Based on information obtained during such visits and observations, EATGINFF.R will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENG1NEER's visits and on -site observations are subject to all the limitations on 040MER's authority and responsibility set forth in paragraph 9.13, and particularlyy, but without limitation, during or as a result of ENGINfiER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Projeer Representatipe: 9.3. If OWNER and ENGINEER agree, ENGINEER will famish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in pamgraphs9.3 and 9.13 Fmd in the c..__ie_.e_a Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agem or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in upplementary Getiditiers onragralh-21 of these General Conditions. If the ENGINEER_ funs_ ishm a $�j5jent Project Reoresen�v�(I3p131 or 4I�I assistants, or if the OWNER designates a Rmresentative or aizeru. all as provided in paragraph 9.3 of the General Conditions, these I�epreserrtatives shall have the auk and limitations as provided in ixaazmoh 9.13 of the General Conditions and shall be subject to the followine: 93.1. The Representative's dealirres in matters MARimim. to the onsite work will, in neneral, be with the ENGINEER and CONTRACTOR But- tine Representative will keep the 91NIER properly advised about such matters. The Recresentatives dealings with subcontractors will only throw or with the full knowledee and i m roval of the CONTRACTOR 93.2. Duties and Responsibilities. RgMesentative will: 9.3.2f,Schedules - Review the ixopress 19 schedule and other schedules prepared by the WNTRACTOR and consult with the ENGINEER concemin¢ acceptability. 9.3.2.2. Conferences and Meetinm - Attend meeting with the CONTRACTOR such as hr�econstruction wnferences. prowess meetings and other iob conferences and prepare and eirculau copies pf minutes of meetings 93.2.3. Liaison 9.3.2.3.1- Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTORS superintendent to assist the CONTRACTOR m understanding the Contract Doe melts. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when required. for proper execution of the Work. 93.23.3 Advice thu WGINEER and CONTRACTOR of the commencement of any Work rcgmM a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3 2 4 Review of Work- Reiection of DefeGiv Work, lnspectiom and Tests - 9.32.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work isZoc¢cding in accordance with the Contract Documents 9_3.2_43 Accom�sr_ty visitittg._M_p-gctg— representing public or other agencies having iuurisdiction over the Ptoiect record the results of these inspections and report to the ENGWEE 9.3.2.5, Irtcaetatidm dil Ccetlract Doctanerhts Report to ENGIIdEER when clarifications and irder bitions of the Contract Documents are needed and trartvntil to CONTRACTOR clarification and mtertxetation of the Contract Documents as issued by the ia.feiIvma A 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EX'DC GENE M CONDITIONS 1910s (t990 Editim) 20 wi an of FORT pow ra MODIFICATIONS tits' an000> modification in Dmwinms or Specifications and re n these reahmmerdations to ENGINEER, Aceutately ttumt.�it to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7, Records. 9. 3 2 81 Furnish ENGINEER oeiodic rejwrts as required. of the progress of the Work and of the CONTRACTOR'S compliance with the press schedule arrd schedule of shop Drawing and sample submittala 93.2.8.2. Consult WitE9—MT41 R in advance of scheduling_ maior tests. inscections or start of important phases of the Work. 932.8.3. Draft proposed Change Orders and Work Directive Changes, obtainaan backup material from the CONTRACTOR and recommend to ENGINEER thmhge Orders Work Directive Charmes and field orders 9.3.2.8A. Report immediately to ENGINEER_and OWNER the occurrence of any accident --- - 9,329. Patent Requesm Review applicatipns f__Inr�mhem with CONTRACTOR for oompliance with the established procedure for their submission and forward with recommendation to ENGINEER notine particularly the relationship of QW-PR_ rr cnt requzsted to the mhedµle ofyalues, work completed and materials and ogffacnt delivered at the site but not incorporated m the Wait. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list or observed items reauirine correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concemtn¢ acoemmnce 9.3.3. Limitation of Authaity: The Representative shall not: 9.3.11. Authorize any deviations from the Contract Documents a accept any substitute Materials or auipmem. unless authgnZ2d by the ENGINEER 93.3'2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Doomnerts 9.3.3.3_ Undertake am of the rtsMsibilitics Of the CONTRACTOR Subcontractors. or -CQNXKAG`_f_ORatpWMM!Jens 934__Advjse on yrssue di�jsrs relative to or _assume control over any aspect of the mean}g,_met}todtechm_.�nnes,, sequences, or prs�e�ltlr4s�or co�.g tit tin unless such is specifiallv called for in the Contract Documents. 9.3.3.5. Advise an or issue directions ratardinit a assume control over safety pecgutions andgrogcams in connections with the Work. 933_6. Accept Shp-lhawin _ or sample submittals from anvone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in earl 9.3.3.8. Participate in specialized field or lau&m tests or inspections caducted by others excent as specifically author read by the l tfei .lax:7 Clan'freations and Interpretations 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FKDC GENERAL CONNTIONS 191" (1990 Ednm) w/ ©TY OF FORT COLLINS MODIFICATIONS (aEV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tines and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Y'ariadons in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifics an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or evtent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective A%orkc 9.6. ENGINEER will have authority to disapprove or reject Wok which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to requere special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Pay meats 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 624 througb 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10,11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, we Article 14. Determinations for U dt Prices. 9.10. ENGINEER will determine the actual quantities and clasaifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendming a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGESTaR's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER reed CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to e ==w such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will rot be subject to the Procedures of paragraph 9.11. Decisions on Disputes 9_11 ENGINEER will he the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days alter the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate dam in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be fuel and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXMIT GC -A. "Dispute Resolution Agreement% entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days alter the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect tosuch claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC OENEM CONDITIONS 1910-3(09oEdifim) '2 w! CITY OF FORT COLUNS MODIFICATIONS (REV 412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINLER pursuant to paragraphs 9. 10 or 9.11 with respect to any such claim, dispute or other matter (except arry which have been waived by the making or acceptance of final payment as provided in paragraph 14,15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matterTrursuant taArtrole+b. 9.13. Limitations on ENGINEER's Authority and Responsibilities.• 9.13.1. Neither FAIGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents no any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, am, Supplier, any other person or organization, or to arty surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONfRACTOR's meims, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work m accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Suboonracor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER'S Consultants, Resident Project Representative and assistants. ARTICLE 10-CHANGES IN THE WORK 10.1. Without invalidamg the Agreement and without notice to any =rely, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions deletions or revisions will be authorized by a Written Amendment. a Change Order, of a Work Change Directive. Upon receipt of any Such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Conn -Ad Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I l or Article 12. 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to arty Work performed that is no refit ' ed by modified the Contract Documents as amended, and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10A. OWNER and CONTRACTOR shall c=cutc appropriate Change Orders reeommentded by ENGINEER (or Written Amendments) covering: 104.1 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)requred because of acceptance of defective Wok under p=graph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: 10 4.2, changes in the contract Price or Contract Times which are agreed to by the parties, and 104.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Wok and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope Of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be gtYen to a surety, the givu' lg of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE Il-CHA-NGE OF CONTRACT PRICE 11.1. The Contract Rice constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations to or undertaken by CONTRACTOR shall he at CONTRACTORS expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment Arty claim for an adjustment in the Contract Price shall be based on written notice delivered by the parry making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty days) after the %tart of the occurrence or event giving rise to the claim end stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time For claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with peragmph9.11 if OWNER and CONTRACTOR canto otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 113- The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved its covered by unit prices oomained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of E1CDC OENEtt4L CONDITIONS 1910-8 (1990 E660M 23 V O rY OF FORT CULUNS MODIFICATIONS OLEY 42000) paragraphs 11.9.1 throtigh 11.9.3. inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contrail Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cast of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 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 costs itemized in paragraph 11.5, 11.4.1. Payroll casts for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include wither limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of thew time spent on the Work Payroll costs shall owlude butt -net be limited to salaries and wages plus the costof fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers compensation health arid retirement benefits; -bonuses; applicable thereto. The exprnses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work including costs of transportation and storage thereof, and Suppliers' field services rin connection therewith All cash discounts s}mll accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts, Tebate5 and refllrd5 and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed era furnished by Subcontractors If required by OWNER, UMCoENE M. comnONS 191"(1990 Mien) 24 w/ CITY OF FORT ODII.INS MODIFICATIONS (REV 412000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance. of all materials. supplies. equipment, machinery, appliances, ogee and temporary facilities at the site and hand trials not owned by the workers, which arc consumed in the performance of the Work, and test less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment end machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the touts of transportation, loading, unloading, installation dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales consumer, use or similar taxes related to the Work and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and foes for permits and licenses. 11.4.5.6. Lasses and damages (and related expenses) mused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property instance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. IC however, any such less or damage requires reconstruction and CONTRACTOR is placed in charge thcrcok CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.&2.. 11.4.5.7. The cast of utilities, fuel and sanitary facilities at the silt 11.4.5.8. Mina expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following. 11.5.1. Payroll costs and other compensation of CONTRACTOR's otRoers, executives. principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in COIxTRACTOWs principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of jab classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-:ill of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 1153. Any pan of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to ptuchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EpCOC (JENMAL CONXTIONS tvtos (1 M eatim) w/CITY OF FORT C'OLLIh6 MODIFiCAT1ONS(REV 4/2WO) 11.5.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of dejectne Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kiral and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows' 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for cores incurred under paragraphs 11.4.1 and 11-4.2, the CONTRACTOR's fee shall be fifteen percent; 11.62.2, for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent, 11.6.2.1 where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed tee is agreed upon, the intent of paragraphs 11.4.1, 11.42, 11.43 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-of-five-peroent..of the emcwat txtid-to the next -lower tier3abeentraeton to be negotiated in eood faith wgild e OI but mat to steed vc rant oC the amount maid to the ne�R lower ]lS�$,y12S0J1traC?gr, 11.6.2.4. no fee shaU be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and l 1 S; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed of the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6-2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 completion of warranty work includes payment for all labor performed and for all equipment and materials used. All such warranty work shall be solely at the Contractor's expense up to $50,000. The City may elect to have additional work performed and will be responsible for payment of actual expenses incurred by the Contractor. Additional work shall be authorized in writing by the Engineer. All documentation of actual costs incurred in the performance of warranty work shall be made available for audit by the City. The Contractor shall provide a warranty performance bond ("warranty bond") to guarantee the full performance of the warranty work described in this specification. The warranty bond shall be in the amount of $50,000. The warranty bond shall be a single term 2 year (plus an additional nine months in certain circumstances) warranty bond that will be in effect for the entire warranty period. The warranty bond shall be in effect upon pavement acceptance, and it shall remain in effect for the total of 2 years from that date. The Contractor shall provide a 2 year warranty bond that fully complies with this specification to the Department at the time of execution of the Contract. The need for warranty work, and the performance of that warranty work, shall be determined in accordance with (d) below. The Contractor will be released from further warranty work at the end of the warranty period or upon completion of any delay warranty work, as described above, whichever is later, provided all required warranty work has been satisfactorily completed. (b) Pavement Evaluation Team (PET). The PET shall have the final decision authority for all warranty work. The PET shall consist of three subject matter experts not affiliated with the project. One member will be a City of Fort Collins staff person, the second member will represent the asphalt paving industry, and the third will be mutually agreed upon by the other two members. Each member of the PET shall have a minimum 15 years experience in one or a combination of the following disciplines: pavement management, asphalt pavement design, asphalt pavement construction, maintenance management or asphalt pavement maintenance. The City will cover expenses associated with performing the duties of the PET for the City member and the mutually agreed upon third party. The Contractor shall cover expenses associated with performing the duties of the PET for the asphalt paving industry member Members will be replaced as necessary based upon the criteria above. The City representative on the PET shall be responsible for scheduling distress surveys, preparing the reports, and notifying the Engineer when warranty work is required. (c) Warranty Work. During the warranty period the warranty work shall be performed at no cost to the City and shall be based on the results of the pavement distress survey. Warranty work to be performed and materials to be used shall be in accordance with the remedial actions and other requirements in (d). The Contractor may propose alternative actions for warranty work to the Engineer who will submit the proposal to the PET. All warranty work to repair distresses shall be done in accordance with the project specifications and plans and current City of Fort Collins and CDOT standards and coordinated with the Engineer. Innovative materials and techniques may be considered. The PET will render a final decision by majority vote. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 10 of 31 determined pursuant to paragnaphs 11.4 and 11.5, CONTRACTOR will ea1ablish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Alluwana .- I I .S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be sccepable to OWNER and ENGINEER. CONTRACTOR agrees that: U.S.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Wok 11.9.1. 1Nhere the Contract Documents provide that all or part of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tines the estimated quantity of each item as indicated in the Agreement. The intimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Detemtinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER m accordance with paragraph 9.10. 1 L9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 119.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 it 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement EJCDC OEN&M CONDITIONS 1910-8 (1990 Editicn) 26 w/CITY OFF'ORT CC)UMS MODIFICATIONS(REV412000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are marble to agree as to the amount of any such increase or decrease. 11 9 3 4 CONTRACTOR acknowledges that the OWNER has the right to add or delete items inthe Bid or change ntities at OWNER'S sole discretion without allectina the Contract price of aaMromaining item so Iona as the deletion or addition does not exceed twenty-five Percent of the original total Contract Price ARTICLE 12—CHANGE OF CONTRACT TIMES 121- The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall Inc delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be naccormpam by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with pamgraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim fax an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 121. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Westanes) due to delay beyond the control of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 121. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of an of them, for damages arising; out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays bevond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perfuming other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONs; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFFCTIVE WORK 13.1. Norim ofDefeets• Prompt nice of ail defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work- 13.2. OWNER ENGINEER ENGNEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and gov emmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them or CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Teas and lsspedions: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 13.4. OWNvTER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contact Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs inctirred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910-8 oavo Eaasat wi aTY OF FORT COLLINS MODIFICATIONS (REV moos) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any Inspections, tests or approvals required for OWNER's and FNGiNEER's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or egwpmera submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If arty Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by FNGTNEE'R, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13,6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER tanely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers R necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGiNEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that purtion of the Work in question_ famishing all necessary labor, material and equipment If it is found that such Work is dfective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Pricy, and, if the parties are unable to agree as to the amount thereof: may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be defective, CONTRACTOR shall be allowed an increase in the Contact Price or an extension of the Contract Times (or Milestones), or both directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such ceder has been eliminated; however, this right of OWNER to stop the Work shal I not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or an) surcty or other panty. Carre7ion or Removal ofDefective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, asdirected, either correct all defective Work, whether or not fabricated, installed or oompeeted, or, if the Work has been rejected by ENGINEER remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting front such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period 13,12.1. If within one two years after the date of Substantial Completion or such longer period of time as may be presented by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, toy Work is found to he capfec rve, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNiER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Wort: removed and replaced, and all claims, costs, losses and damages caused by or resul.i g from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.In special circumstances where a particular 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 from an earlier date if so provided in the Specifications or by Written Amendment 13.123. Where defective Work (and damage to other UCDCOETIF1iAL CONDITIONS 1910-8(1990 Edina) 28 w/rITY OF FORT COLLINS MODIFICATIONS (REV 4R000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year two years after such correction or removal and replacement has been satisfactorily completed Acceptance ofDefechve Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (anal, prior to ENGINEER's recommendation of final payment. also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). if any such acceptance occurs prior to ENGiNEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Works and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work.- 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, alter seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNERS representatives, agents and employees. OWNER's other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Charge Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims coats, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defecrtve Work. CONTRACTOR shall not be allowed an extension of the Contract Torres (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work irut delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Am, funds that are withheld bye OWNER shall not be subject to subs[ttuton by the CONTRACTOR with securities or aW arras ments involving an escrow or custodianslu'n. II �ceeuting the aor payment Form the CONTRACTOR expressly waives his right to the benefits of Colorado Revise Statute Section 24-91-101 of sea. CONTRACTOR's Wm7anty of Title. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Lies. Review of.4pp1iea6onsforProgrmPayment 14.4. ENGINEER will, within ten days after receipt of each APplication for Payment, either indicate in writing a FJCDC GENERAL CON71riOM 1910.8 (1990 Edtim) w! QrY OF FORT COLLIM MODIFICAT1ONS (REV 42000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENTGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due µrill be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINFF.R to OWNER, based on ENGMEFR's on -site observations of the executed Work as an experienced and qualified design professional and on ENGMER's review of the Application for payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14,5.1. the Work has progressed to the point indicated, 14.51 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functionmg whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOWs being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means; methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 141. FNGINEFR may refuse to recommend the whole or any part of any payment iC in ENGDMER's opinion it would be incorrect to make the representations to 19 OWNER referred to in paragraph 14.5. ENGINEER may also refine to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGiNEER's opinion to protect OWNER from losbecause: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defecrne Work or complete Wait in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragrapls 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or fianishing of the Work, 14.7.6. Liens have been filed in connection with the Wok, except when CONTRACTOR has delivered a speci6c Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there arc other items entitling OWNER to a set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.3 through 14.7.3 or paragmphs 15.2.1 through 152.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Compledm: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Wort: substantially complete, ENGINEER will notify CONTRACTOR it writing giving the reasons therefor. If ENGINEER E.ICDC GENERAL CONDITIONS 1910-8 (1990 Men) 30 w/CITY OFFORT OOLLINSMODIFICATIONS(RGV42000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall Ex the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final pay-ment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provision of the certificate or attached list. If, after consideiin� such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justMel alter consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with nspect to security, operation safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writvg and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGMEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or Lvrrect items on the tentative list. Partial Ufa imtion: 14.10. Use by OWNER at OWNER'S option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOWs performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially compete. If CONTRACTOR agrees that such pan of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the pruvisiors of paragraphs 14.8 and 14-9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.102. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Metal lnspeeBon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application forPayment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Ikicuments all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall he accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph5.4.13, (u) consent of the surety, if any, to final payment, and (hi) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lies arising out of or filed in connection with the Work - In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that 01 the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, anal (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Wort: for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails VMC aEt4RAI, CONDITIONS Isnaa (1990 Editim) out CITY OF FORT COLLINS MODIFICATIONS (REV 4,7000) to furnish such a release or receipt in full. CONTRACTOR may fumish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent or the surety to finalize wvmera are to be submitted on forms conformimto the ftrmat of the OWNER'S standard fars botad in Ponied manual. Final Payment anrdAcceptance 14.13, If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligation under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, micate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to r==mcnd final payment in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate fomt and substance end with ENGINE.ER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to puagrar)h 17.6.2 of these QemretC_mdi11ons. 14.14. IL through no fault of CONTRACTOR final completion of the Wok is significmdly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's fatal Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment. except that it shall not constitute a waiver of claims. Waiver of Claims 14.15. The making aril acceptance of finat payment will constitute: 14.15.1,a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 01 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terns of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE I5-SUSPENSION OF WORK AND TERMINATION OWNER May SmWend Work: 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 i and 12. OWNER May Terminate: 152. Upon the occurrence of any one or more of the Mowing events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragraph 6.6); 152.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER: or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice acid to the extent permitted by Laws amp Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EXDcostmtnL C0NDtnota 191" (1990E(Itim) 32 wI CITY OF FORT OOUMS MODIFICATIONS atEV 412000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Rice exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNIER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Chasse Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not he required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR'& services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thcreaflcr accnie. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15.42. for expenses sustaired prior to the effective date of termination in performing services and Furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Srop Work or Terminate: 155. If throu€h no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days alter it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I l and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC-A Dispute Resoluum Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Gni ng Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be axnputed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computation. E)CDC GENERAL CONDITIONS 1910-8 (1990 ENtiaa) w/ MY OF FORT COLL111-S MODIFICATIONS (REV 412000) 17.2.2. A calendar day of twenty-four hours measured fiom midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other within a reasonable time of the fins observance of such injury or damage. The provisions of this paragraph 17.3 shall not be conswed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and. in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32,13.1,13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and arc not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duly, obligation, right and remedy to which they apply, professional Fees and Court Cons Included- 175. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be lim ited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. IZ6. The laws of the State of Colorado apRjy to this Agreement Reference to two pertinant Colorado statutes are as follows 1762 If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labn_materials, team hire. sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 V=OeWLAL COMMONS 191" (1990 Edition) 34 W OITY OF FORT OOLUM MODIFICATIONS (REV 412000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Concoction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will nor supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of arty written recision of ENGINEER rendered in aoco lance with paragraph 9.10 will be made pater than ten days after the parry making such demand has delivered written notice of intention to appeal as provided in paragraph 9 10, 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association. and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -clay or ten-day period specified in paragraph 16.2 as applicable, and in all alter cases within a reasonable time alter the claim, d sputa or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitation EX1)C GENERAL CONDITIONS 1910.8 (1990 Mum) eN CITY OF FORT COLONS MODIFICATIONS (REV W99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGINEERS Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3 the written consent of the other person or entity sought to be inclusW and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16 4, if a claim, dispute or other matter in question battveen OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall =to in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINMRs Consultants that does riot otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof: and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, oounterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes ), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to rile a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within thou same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise ageed. GC -AI During the warranty period, the Contractor may monitor the pavement in question using nondestructive procedures. All proposed remedial actions shall be coordinated with the Engineer. Coring, milling or other destructive procedures shall not be performed by the Contractor without prior written consent of the Engineer. The Contractor is not responsible for damages that are a result of coring, milling or other destructive procedures conducted by the City, utility companies or other entities not under the control of the Contractor. When notified by the PET that warranty work is required, the Engineer will notify the Contractor and Surety, in writing. If the Contractor or Surety fails to respond in writing within fifteen days after receiving written notice from the Engineer, the City may make repairs or contract to have the repairs made and the Contractor and surety shall be responsible for the total cost of these repairs including lane rental fees. At least 30 days before the expiration of the warranty, and at any other time during the warranty period as deemed necessary by the Engineer, the PET shall conduct a pavement distress survey. If the Engineer is notified by the PET that warranty work is required in accordance with the distress indicators, the Engineer will notify the Contractor and surety in writing. If the Contractor or the Surety fails to respond in writing within 15 days after receiving written notice from the Engineer, the City will complete the repairs or contract to have the repairs completed and the Contractor and Surety shall be responsible for the total cost of these repairs including the lane rental fees. If it is necessary to delay performance of the final warranty work due to weather limitations or other reasons in the public interest, the Contractor and City shall agree to the extent of work to be performed. Any additional distress resulting from the delay will be the responsibility of the Department. Warranty work that requires a resurfacing of the pavement shall be performed only when weather conditions are in accordance with subsection 401.07. The Contractor shall maintain traffic at all times as detailed in the Traffic Control Plan. Warranty work shall be performed during the times of day and days of week specified for the original contract work. (d) Pavement Distress Indicators, Thresholds and Remedial Action. Pavement distress indicators shown below shall be used as the basis for determining the distress types to be considered for repair under the warranty and as the basis for determining the methods for measuring distresses. The pavement distress surveys are conducted by dividing the roadway into nominal one -mile sections. A one -tenth mile segment in each mile will be evaluated for pavement distress. The segment evaluated shall he from 0.3 to 0.4 miles from the start of the section. In addition, in each section, a random one -tenth mile segment will be surveyed. The random one -tenth mile segments will be determined by the PET each time a survey is conducted. The PET will conduct intermediate surveys if requested in writing by the Engineer. The PET will notify the Engineer in writing of the survey results within 15 days. The Engineer will immediately notify the Contractor in writing. Traffic control for conducting the surveys will be the responsibility of the Department. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 11 of 31 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 Engineering Study prepared by Kumar & Associates Inc., Proiect No. 13-1-338, dated February 14, 2014. 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 (CSQ. 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; SC-17.6.1 Delete the complete paragraph SC -FED Federal Terms & Conditions A. The terms and conditions set forth in the following pages are hereby incorporated as part of this agreement. February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1 % Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, Garfield, (Grand Junction) Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) ANTAAT GOAD TIMEBLES FOR FEMALE UTILIZ ............ ...LS Until Further Notice..................................................... ........ .....................................ION .....6.9% —Statewide February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race), (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 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. February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. 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 February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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 February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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). C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES, 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program, It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training,. including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. If any survey requires remedial action and the Contractor does not dispute the survey results, the Contractor shall remedy the distress. If the survey requires remedial action and the Contractor disputes the survey results, the Contractor shall notify the Engineer in writing within 15 days of receiving notice. The notification shall describe the contractual and legal basis for the disagreement with the survey results. The Engineer will transmit the Contractor's notification to the PET which will render a final decision and notify the Engineer in writing within 30 days of the Contractor's notification. The PET shall determine the remedial action to be performed in all segments in the project where the threshold level is met or exceeded. If areas outside the survey segments are suspected of meeting or exceeding a threshold level, the PET will divide the entire project into 0.1 mile segments and conduct the distress survey in any, or all, segments to see if a threshold level has been met or exceeded. Unless otherwise directed by the Engineer remedial action shall be performed in the same calendar year as the survey that indicated the threshold level is met or exceeded. Remedial action shall be applied to each entire segment in which the threshold level is met or exceeded unless otherwise noted under remedial action. When the remedial action required includes an overlay, the action shall also be performed on the hot mix asphalt shoulders and adjacent lanes. If remedial action necessitates a corrective action to the pavement markings, adjacent lanes or roadway shoulders, then such corrective action to the pavement markings, adjacent lanes and shoulders shall be performed at the expense of the Contractor. When remedial action requires the removal of pavement, the pavement shall be replaced with a mix approved by the PET. The mix shall be placed according to the Contractor's QCP. Pavement shall be removed by cutting neat lines vertically for the full depth of the affected layer unless otherwise specified. Removal areas shall be rectangular, and the sides and bottoms shall be thoroughly coated with an approved tack coat prior to pavement replacement. If, anytime during the warranty period, 30 percent or more of the project segments require or have received remedial action, then the entire project shall receive a remedial action as determined by the PET. The Contractor will not be held responsible for distresses which are caused by factors beyond the control of the Contractor. A finding that the distress is due to factors outside the control of the Contractor shall be based on evidence submitted by the Contractor to the Engineer. The PET will make the final determination. Distress types to be warranted, the threshold levels requiring remedial action, and the remedial action to be performed by the Contractor shall be according to the following pavement distress indicators: Permanent Deformation - Rutting and Shoving. Rutting is longitudinal surface depression in the wheel path. Shoving is longitudinal displacement of a localized area of the pavement surface caused by traffic pushing against the pavement. Rutting shall be measured at 50 foot intervals using a 6 foot straight edge, and taking several measurements transversely across the pavement to determine the maximum rut depth. Rut depths shall be rounded to the nearest 0.10 inch. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 12 of 31 February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action. will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and cllassification 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. (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. February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees. and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 1. Overview December 26. 2013 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. CDOT 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. CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor's DBE commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. CDOT 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, CDOT 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 CDOT website in the forms library: http://www.coloradodot.info/Iibrary/forms/cdot-forms-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. December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 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 firm 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 December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 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. 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 20513, 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 20513, 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 December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 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 may be 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. 5. Proposal Requirements In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via email to cdot hq dbeforms(d�state.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. December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS (2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible participation for each commitment. Once Form 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 Form 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 if the 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 Form 1414. The bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT. The bidder shall contact CDOT 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 Form 1416, Good Faith Effort Report and any supporting documentation that the bidder would like considered by CDOT 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. CDOT may investigate or request additional information in order to confirm the accuracy of a commitment. If CDOT determines that the total estimated eligible participation of the commitments does not meet the contract goal, within two business days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder shall submit Form 1416 to CDOT. B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s does not meet the contract goal, CDOT 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. CDOT 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. CDOT 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. December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith efforts to meet the contract goal, it 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 CDOT. D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan, documenting the approved commitments. If CDOT determines that the bidder did not meet the contract goal but made good faith efforts to do so, via the Form 1417 CDOT 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. CDOT will review Form 205 or 20513, Sublet Permit Application to determine whether the work being sublet is consistent with the DBE commitments. CDOT 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 Form 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. CDOT may withhold progress payments if the quarterly Form 1419 is not received on time. CDOT 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 CDOT 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. CDOT will monitor performance during the Contract to ensure each DBE is performing a CUF. If CDOT 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, CDOT will consider the amount of work subcontracted, industry practices, the amount the firm 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. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low > 0.3 to 0.5 inch Micromill or diamond grind to remove ruts, chip seal, microsurface or remove and replace. Moderate > 0.5 to 1 inch Micromill or diamond grind to remove ruts then microsurface or remove and replace. High > 1 inch Evaluate the cause and then remove and replace. The Permanent Deformation - Correction of rutting and shoving will not be required when the accumulated design lane Equivalent Single Axle Loads (ESAL's) exceed "w" at time intervals shown below: Table A: 2 year Warranty Rutting Rate of Loading Table Time after Pavement Acceptance (sampling intervals) Maximum Accumulated ESAL's (where D = 3 year projection design lane ESAL's) "w" 6 months 0.25 x D 12 months 0.50 x D 18 months 0.75 x D 24 months D If the rutting is suspected to be caused by the base or subgrade, coring (or cross sectional sampling) will be conducted by the Department to determine the cause of the rutting. The Contractor shall have the option to obtain cores and cross- section samples at his own expense, including repair of the sampled areas, and traffic control. 2. Pot Holes. Pot holes are bowl shaped depressions of various sizes in the pavement surface caused by loss of pavement mix. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low < 1 inch deep and > 0.2 feet2 Seal coat or crack / joint seal Moderate 1 inch to 2 in. deep and > 0.2 feet2 Patch High > 2 inch deep and > 0.2 feet2 Remove and replace to 2 feet beyond apparent distress. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 13 of 31 (3) With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS operate at least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE trucking firm 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, CDOT 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 Form 1420 may include multiple requests and must be submitted at the time of the occurrence or, if 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 firm 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; December 26. 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS (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 Contractor's intent to terminate or reduce the commitment and the reason for such termination or reduction, with a copy to CDOT; (3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and inform CDOT 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 CDOT if required by public necessity. (4) Following the notice period, if the Contractor decides to proceed, submit Form 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 CDOT 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 9.13 but is not required to substitute. If the change reduces the Contractor's 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 CDOT 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 December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS commitment without seeking CDOT approval; provided, however, that at its discretion, CDOT may request a Form 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, CDOT may require additional information regarding the efforts of the Contractor. 10. Payment Reduction The Contractor's retainage will not be released until CDOT 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. CDOT 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, CDOT 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). December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS D. Fraud and Misrepresentation. If CDOT 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, CDOT 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. January 9, 2015 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION. GENERAL DECISION NUMBER — C0150024 Decision Nos. C0150024 dated January 02, 2015 supersedes Decision Nos. C0140024 dated January 03, 2014. Modifications ID MOD Date Page Number Number(s) 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. C0150024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. C0150024 The wage and fringe benefits listed below reflect collectively bargained rates. Cod e Classification Basic HourlyRate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.73 9.15 1715 Watson 2500 similar or larger 25.04 9.15 Oiler 1716 Weld 24.88 9.15 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Hourly Rate Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 3.05 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collective)y bargained rates. Cod e Classification Basic HourlyRate Fringe Benefits Last Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Fla ers 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: F1745 Asphalt Laydown Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Larimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.88 6.80 1752 Mesa, Weld 23.66 7.36 BackhoelTrackhoe 1753 Larimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 6.33 Bobcat/Skid Loader 1756 Larimer 17.13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic HourlyRate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic HourlyRate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotomill 1783 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 City of Fort Collins Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8125: Intersection Improvements at Vine & Shields OPENING DATE: 3:00 PM (Our Clock) June 17, 2015 Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Clarifications & Revisions Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 2 8125 Intersection Improvements at Vine & Shields Page 1 of 5 3. Longitudinal Joint Separation. Longitudinal joint separation is loss of the pavement surface or depressions within 18 inches of a longitudinal joint. Severity Quantity Preferred Actions (Mean (Actual action to be approved by PET) Low _<_ 0.25 inch Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Moderate > 0.25 inch and <`- 0.75 inch Seal cracks with hot poured joint and crack sealant materials which meet the requirments of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber High > 0.75 in. Remove and replace a minimum of 6 inches beyond distress laterally and 2 feet beyond distress longitudinally. In no instance shall resulting joints be placed in the wheelpath. 4. Raveling and Weathering. Raveling and weathering are the wearing away of the pavement surface caused by the dislodging of aggregate particles (raveling) and the loss of asphalt binder (weathering). Affected area shall be repaired to 24" beyond apparent distress. Preferred actions include slurry seal, chip seal, Novachip, ultra -thin overlay or remove and replace. The actual action shall be approved by the PET. Bleeding. Bleeding is a film of bituminous material on the pavement surface which creates a shiny, glass -like, reflective surface. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low Coloring of surface visible Observe more frequently Moderate Asphalt free on surface Microsurface or SMA overlay High Asphalt free on surface Remove and replace full width of lane or and tire tracks shoulder to two feet longitudinally beyond affected area. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 14 of 31 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic HourlyRate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 Larimer 18.96 5.30 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 3.68 1807 Semi/Trailer Truck 18.39 4.13 1808 Truck Mounted Attenuator 12.43 3.22 Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 1811 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. January 9, 2015 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER — COI 50024 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination " a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here: initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO150024 July 29, 2011 ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot. info/business/equal-opportunity/training. html 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eo (aid ot. state. co. us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. July 29, 2011 ON THE JOB TRAINING 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 CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at hftpi//www.coloradodot.info/business/bidding/Bidding%20Forms/Bid%20Winner%20Forms 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: July 29, 2011 ON THE JOB TRAINING Minimum total Contract dollar training hours to value be provided on the project Up to 1 million 0 >1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 >8 - 12 million 1920 >12 - 16 million 2240 >16 - 20 million 2560 For each increment of $5 million, over $20 1280 million 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project, or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the disincentives to be assessed. 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 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. October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of 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 policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. 6. Delamination of Pavement Layers. Delamination of pavement is the separation of one layer from the layer below it. Remedial action for delamination: affected area shall be removed and replaced to one foot beyond the apparent distress. Transverse Cracking. Transverse cracks are cracks relatively perpendicular to the pavement centerline. The highest severity level present for at least 10% of the total length of the crack shall be assigned. Random cracks with transverse cracks are cracks that occur randomly and are within two feet of the transverse crack. Since the top mat of asphalt pavement will be placed over Portland Cement Concrete Pavement, transverse cracks determined to be caused by existing joints in the concrete pavement will not be included as part of the warranty. Spalling with transverse cracks is the cracking, breaking or chipping of the pavement surface within two feet of the transverse crack. Severity Quantity Preferred Action (actual action to be approved by PET) I ow < 0.25 inch wide Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Moderate < 0.75 inch wide Seal cracks with hot poured joint < 0.25 inch wide with spalling or and crack sealant materials which random cracking meet the requirments of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber. Fl i uII >_-10.75 in. wide Remove and replace full width of < 0.75 in. wide with spalling and lane or shoulder to one foot random cracking longitudinally beyond the apparent distress. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 15 of 31 October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and 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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. October 31. 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project, (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or •REQUIRED CONTRACT PROVISIONS October 31, 2013 FEDERAL -AID CONSTRUCTION CONTRACTS part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; 0 October 31. 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a REQUIRED CONTRACT PROVISIONS October 31, 2013 FEDERAL -AID CONSTRUCTION CONTRACTS contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor. Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan • approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. n LJ October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10_ Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 October 31, 2013 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the . overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty U Elective or Preventive Action. Elective or Preventive action shall be a Contractor or Surety option, at the Contractor or Surety expense, subject to the approval of the Engineer. The Contractor or Surety shall notify the Engineer in writing if it proposes to perform elective or preventive work. Elective or Preventive work shall be done during times set forth in the Contract for original contract work. Lane rental fees will be assessed. (e) Emergency Work. For warranted distresses, the Engineer may request, in writing, immediate action of the Contractor and Surety for the safety of the traveling public. The Contractor or Surety shall have the first option to perform the emergency work. If the Contractor or Surety cannot perform the emergency work within 24 hours, the Engineer may have the emergency work done by other forces and seek reimbursement from the Contractor or Surety accordingly. Emergency work performed by other forces shall not alter the requirements, responsibilities, or obligations of the warranty. (f) Traffic Control. Construction Traffic control for warranty work shall be performed in accordance with Section 630 at the Contractor's expense. (g) Process Control Testing: The Contractor shall perform process control testing in accordance with the Revision of Section 106, Quality Control for Warranted Hot mix asphalt. Cost of the two year warranty will be incidental to the placement of all hot mix asphalt pavement. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 16 of 31 October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees, (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "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 or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. REQUIRED CONTRACT PROVISIONS October 31, 2013 FEDERAL -AID CONSTRUCTION CONTRACTS VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and 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 the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety. as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement. false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation, or 0 October 31. 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916. (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts. design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant •REQUIRED CONTRACT PROVISIONS October 31, 2013 FEDERAL -AID CONSTRUCTION CONTRACTS knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms 'covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the • clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epis.govo, which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. October 31. 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the department. or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as October 31, 2013 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website • (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. October 31. 2013 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (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 job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) . the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the 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 not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDS CONTRACTOR: DURAN EXCAVATING INC PROJECT NUMBER: 8125 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Project File Engineer DATE: DATE: DATE: DATE: DATE: Contractor Architect Purchasing • 0 SECTION 621 DETOUR PAVEMENT Section 621 is hereby added to the Standard Specifications for this project and shall include the following: DESCRIPTION This work shall consist of construction of detour pavement as shown on the plans. It is the intent of the City that this item include all work and materials necessary to provide a detour roadway meeting or exceeding the requirements as contained herein and as shown on the plans. MATERIALS The Contractor shall be responsible for quality control required to assure adequate quality of Hot Mix Asphalt used in the construction of the detour. CONSTRUCTION REQUIREMENTS Detour pavement construction shall include grading, embankment material, planing and other items of work necessary for the construction of detour pavement. The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm sewer necessary for the control of storm drainage. Detour pavement thickness shall be at least 4 inches. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic. Earthwork shall be constructed in accordance with the requirements of Section 203. The Contractor shall maintain the detour for the entire period that it is open to traffic. Any distress that affects the ride, safety or serviceability of the detour roadway shall be corrected immediately at the Contractor's expense as directed by the Engineer. The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not exceed 4% break -over. Longitudinal joints which have a vertical drop-off of one inch or greater shall be tapered with Hot Mix Asphalt. Tapers shall be 8 horizontal to 1 vertical or flatter. METHOD OF MEASUREMENT Detour Pavement will be measured by the square yard of hot mix asphalt placed in the detour. BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appears in the bid schedule. Pay Item Pay Unit Detour Pavement Square Yard Addendum 1 8125 Intersection Improvements at Vine & Shields Page 17 of 31 NUMBER 1 2 3 Section 00960 APPLICATION FOR PAYMENT PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: CONTRACTOR: PERIOD ENDING: Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 1 OF 4 OWNER: City of Fort Collins ENGINEER: CHANGE ORDERS DATE AMOUNT CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 U CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period Installed This Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS The 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. PROJECT SPECIAL PROVISIONS INDEX Date Page Project Special Provisions Index Pages (4-17-15) 1-2 Standard Special Provisions (4-17-15) 3-4 Notice to Bidders (4-17-15) 5 Commencement and Completion of Work (4-17-15) 6-7 Disadvantaged Business Enterprise (DBE) Contract Goal (4-17-15) 8 On the Job Training Contract Goal (4-17-15) 9 Definition of Terms (4-17-15) 10 Revision of Section 102 — Project Plans and Other Data (4-17-15) 11 Revision of Section 105 — Control of Work (4-17-15) 12-14 Revision of Section 105 — Cooperation between Contractors (4-17-15) 15 Revision of Section 105 — Claims for Contract Adjustment (4-17-15) 16 Revision of Section 105 — Control of Material (4-17-15) 17-20 Revision of Section 107 — Insurance (4-17-15) 21 Revision of Section 107 — Environmental Controls (4-17-15) 22-23 Revision of Section 107 — Legal Relations and Responsibility to Public (4-17-15) 24 Revision of Section 108 — Prosecution and Progress (4-17-15) 25-27 Revision of Section 108 — Limitation of Operations (4-17-15) 28 Revision of Section 201 — Clearing and Grubbing (4-17-15) 29 Revision of Section 202 — Removal of Pipe (4-17-15) 30 Revision of Section 202 — Removal of Sidewalk (4-17-15) 31 Revision of Section 202 — Removal of Curb and Gutter (4-17-15) 32 Revision of Section 202 — Removal of Concrete Pavement (4-17-15) 33 -1- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Revision of Section 202 — Removal of Asphalt Mat (4-17-15) 34 Revision of Section 202 — Removal of Fence (4-17-15) 35 Revision of Section 202 — Removal of Traffic Signal Equipment (4-17-15) 36 Revision of Section 202 — Removal of Structures and Obstructions (4-17-15) 37 Revision of Section 207 — Topsoil (Special) (4-17-15) 38-39 Revision of Section 208 — Erosion Control (4-17-15) 40 Revision of Section 210 — Valve Box and Manhole Adjustments (4-17-15) 41-42 Revision of Section 210 —Modify Manhole (4-17-15) 43 Revision of Section 213 — Mulching (4-17-15) 44-45 Revision of Section 214 — Planting (4-17-15) 46-48 Revision of Section 304 — Aggregate Base Course (4-17-15) 49 Revision of Section 403 — Hot Mix Asphalt (4-17-15) 50-52 Revision of Section 412 — Portland Cement Concrete Pavement (4-17-15) 53-54 Revision of Section 412 — Portland Cement Concrete Pavement Warranty (4-17-15) 55-56 Revision of Section 504 — Cribbing (4-17-15) 57 PROJECT SPECIAL PROVISIONS INDEX (continued) Date Page Revision of Section 605 — Bioretention Sand Media (4-17-15) 58-60 Revision of Section 607 — Fence (Special) (4-17-15) 61 Revision of Section 608 — Sidewalks (4-17-15) 62-63 Revision of Section 608 — Concrete Curb Ramp (4-17-15) 64-66 Revision of Section 609 — Curb and Gutter (4-17-15) 67 Section 621 — Detour Pavement (4-17-15) 68-69 Revision of Section 623 — Irrigation System (4-17-15) 70-72 Revision of Section 625 — Construction Surveying (4-17-15) 73-74 Revision of Section 630 — Portable Message Sign Panel (4-17-15) 75-76 Revision of Section 630 — Construction Zone Traffic Control (4-17-15) 77-78 Force Account Items (4-17-15) 79 i -2- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Traffic Control Plan — General Utilities (4-17-15) 80-81 (4-17-15) 82-85 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS STANDARD SPECIAL PROVISIONS (based on 04-09-15) No. Date of Pages Revision of Section 105 — Violation of Working Time Limitation (February 3, 2011) 1 Revision of Section 106 — Buy America Requirements (November 6, 2014) 1 Revision of Section 106 — Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 106 — Material Sources (October 31, 2013) 1 Revision of Section 106 — Supplier List (January 30, 2014) 1 Revision of Section 107 — Contractor Obtained Stormwater Construction Permit (July 31, 2014) 1 Revision of Section 107 — Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3; 2011) 1 Insurance Types, and Coverage Limits Revision of Section 107 — Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Section 108 — Liquidated Damages (May 2, 2013) 1 Revision of Section 108 — Notice to Proceed (July 31, 2014) 1 Revision of Section 108 — Project Schedule (July 31, 2014) 6 Revision of Section 108 — Subletting of Contract (January 31, 2013) 1 Revision of Section 108 - Payment Schedule (Single Construction Year) (October 31, 2013) 1 Revision of Section 109 — Asphalt Cement Cost Adjustment (April 5, 2013) 2 (Asphalt Cement Included in the Work) Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 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 06, 2012) 1 Revision of Section 109 — Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 208 — Aggregate Bag (January 31, 2013) 1 -3- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Revision of Section 212 — Seed (April 26, 2012) Revision of Section 213 — Mulching (January 31, 2013) 4 Revision of Section 250 — Environmental, Health and Safety Management (January 15, 2015) 14 Revision of Section 401 — Compaction of Hot Mix Asphalt (April 26, 2012) Revision of Section 401 — Compaction Pavement Test Section (CTS) . (July 19, 2012) Revision of Section 401 — Temperature Segregation (February 3, 2011) 1 Revision of Section 401 and 412 — Safety Edge (May 2, 2013) Revision of Sections 412 — Portland Cement Concrete Pavement Finishing (February 3, 2011) 1 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) Compounds for Curing Concrete Revision of Section 601 — Concrete Batching (February 3, 2011) 1 Revision of Section 601 — Concrete Finishing (February 3, 2011) 1 Revision of Section 601 — Concrete Form and Falsework Removal (July 28, 2011) Revision of Section 601 — Concrete Slump Acceptance (July 29, 2011) Revision of Sections 601 and 701 — Cements and Pozzolans (November 6, 2014) 4 Revision of Section 630 — Construction Zone Traffic Control (February 17, 2012) 1 Revision of Section 630 — Signs and Barricades (January 31, 2013) 1 Revision of Section 703 - Aggregate for Bases (Without RAP) (October 31, 2013) 1 Revision of Section 703 — Aggregate for Hot Mix Asphalt (November 1, 2012) 2 Revision of Section 703 — Concrete Aggregate (July 28, 2011) Revision of Section 712 — Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements — Equal Employment Opportunity Disadvantaged Business Enterprise (DBE) Requirements On the Job Training Partnering Program Required Contract Provisions — Federal -Aid Construction Contracts 1 1 1 2 1 1 (February 3, 2011) 10 (Dec.26, 2013) 9 (July 29, 2011) 3 (February 3, 2011) 1 (October 31, 2013) 14 -4- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 NOTICE TO BIDDERS 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 Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 12 hours in advance of the time they wish to go over the project. Project Manager - Timothy Kemp, PE City of Fort Collins Office Phone: (970)-416-2719 Cell Phone: (970) 219-9762 Project Engineer - Daniel Woodward, Project Manager City of Fort Collins Office Phone: (970) 416-4203 Cell Phone: (603) 370-7967 Project Inspector TBD The above referenced individuals are the only representatives of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Questions received from bidders along with City responses will be posted as an addendum online at the City of Fort Collins Buy Speed Webpage, www. c ov.com/�procurement as they become available. All questions shall be directed to the City contacts listed above no later than 7. 00 A.M. one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract. COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 10th day following the issuance of the "Notice to Proceed." The Contractor shall complete all work in accordance with the Contract within one hundred thirty five (135) calendar days. Section 108 of the Standard Specifications is hereby revised for this project as follows: Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such approval is given, stockpiled material will be paid for in accordance with Sections 109 and 626. Subsection 108.03 shall include the following: -5- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. The Contractor shall be responsible for planning, scheduling, coordinating, and reporting the progress of the work to be completed by City of Fort Collins Forces. The City of Fort Collins Forces shall be considered as subcontractor for the purposes of scheduling the work. The City will comment on the Contractors initial schedule submittal for coordination of the completion of their work items. Salient features to be shown on the Contractor's progress schedule are: Mobilization • Construction Surveying (By City Forces) • Erosion Control • Construction Traffic Control • Removals and Adjustments • Removal of Traffic Signal • Earthwork • Curb, Gutter and Sidewalk • Asphalt Pavement • Concrete Pavement • Signing and Striping (By City Forces) • Roadway Lighting (By City Forces) • Utility Coordination and Relocations Subsection 108.08 shall include the following: Substantial Completion o Substantial Completion is defined by: Traffic is following the lane arrangements shown on the plans for finished roadway All curb and gutter, pavement, joint sealing, median and island construction is complete Traffic control devices and pavement markings are within their final positions. o Substantial Completion will be completed within one hundred twenty (120) calendar days. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $1,778 per day. -2- COMMENCEMENT AND COMPLETION OF WORK • Final Completion o Final Completion is defined by: All sidewalks, final grading, landscaping, fencing, clean up, project record documents shall be turned over to the owner, all punch list items completed, and all processing of change orders. IM Embankment used in the detour that will become part of the ultimate roadway embankment will be measured and paid for in accordance with Section 203. Placement of other embankment required for the detour and removal of excess embankment when the detour is removed will not be paid for separately, but shall be included in the price of detour pavement. All work necessary and incidental to the construction, maintenance, and removal of the detour pavement, including grading, temporary drainage facilities, temporary embankment material, asphalt, and planing will not be measured and paid for separately but shall be included in the work. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 18 of 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 The work must be ready for final payment and acceptance. Final completion will be within fifteen (15) calendar days of substantial completion date. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $1,778 pet day. -7- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Disadvantaged Business Enterprise (DBE) Contract Goal This is a federally -assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal: 6.5 Percent DBE participation. -8- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 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 3U hours. -9- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 101 DEFINITIONS OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado or the City's representative. Where reference is made in the plans and specifications to Surveyor it is understood to mean provided by the City of Fort Collins with City of Fort Collins crews, but acting as a subcontractor to the project. -10- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: A copy of the bid may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St. 2nd floor, Fort Collins, and request a copy of the Bid The following supporting information is available: Geotechnical Engineering Study — Proposed Intersection Improvements — Vine Drive and Shields Street; February 14, 2014; Kumar & Associates Memo — Supplemental Pavement Thickness Design Recommendations; March 19, 2014; Kumar & Associates Hydraulic Design Report — Vine and Shields Intersection Improvements; February 16, 2015; Interwest Consulting Group Upon receiving Concurrence to Award from Colorado Department of Transportation, the low responsive, responsible bidder may obtain from the City of Fort Collins at no cost; 3 sets of 11x17 plans, 1 full size set, and 3 sets of special provisions REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.10 shall include: Traffic Closures and Operations The Contractor shall submit a Traffic Control Plan as outlined in Section 630 of the project specifications. All construction phasing and construction traffic control requests shall be coordinated with the City Traffic Department. Shields Street is currently closed to the north of Vine Dr. as part of Larimer County's North Shields Street Improvement Project. This closure is anticipated to be in effect until August 15, 2015 and may be subject to change. The contractor may work within the limits of this closure but must maintain all local access as well as construction access for Larimer County, see Section 105 Cooperation Between Contractors. -11- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Once the County opens Shields Street to public traffic, the contractor will be required to maintain through traffic in both directions. The contractor may request a full closure of Vine Dr., east of Shields Street during this time. Once Shields Street is open to traffic, Vine Dr. must also be open to traffic. The contractor is required to allow the following traffic movements at all times during any closures: Northbound Shields Street to Westbound Vine Dr. Eastbound Vine Dr. to Southbound Shields Street The contractor shall maintain travel lanes in all directions once the Larimer County closure is no longer in effect. Significant coordination with Larimer County and their contractor will be required during construction. As work progresses, the City will coordinate the exact opening date of Shields Street with Larimer County. Coordination with Property Owners and Tenants The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible to coordinate all work activities with private property owners and tenants along the project corridor. Access shall be maintained at all times. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. In particular, any proposed disruption or closure to an existing access must be communicated to the property Owners and tenants with as much notice as possible. The minimum notice that will be allowed for any proposed access change is 48 hours. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall coordinate his method of maintaining these accesses with the City of Fort Collins Traffic Operations Department. Coordination with Traffic Engineer and Traffic Control Supervisor The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. Requests for initial Setup of the major project phases (road closures) must be made 3 weeks prior to projected set up. Allow up to 5 days for advanced warning signs. Requests for flaggers must be made and updated at the weekly progress meetings for the following week. Requests for minor traffic control set ups (lane drops, etc.) must be made 72 hours in advance of set up. Increased Traffic Control costs caused by delays assessed to the Contractor will be the responsibility of the Contractor. Delete subsection 105.12 and replace with the following: The City, County, CDOT, and local utilities including but not limited to Xcel Energy, ELCO, and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor shall conduct the Work without interfering or hindering the progress or completion of the work performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. -12- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 City forces will perform the following work as required by this project: Permanent Pavement Marking Permanent Signing Traffic Signals/Fiber Optic Lines Street Lights -2- REVISION OF SECTION 105 CONTROL OF WORK Traffic Coordination 1. The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities. This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection movements, lane reductions, and detours. City Traffic Control Contact: Syl Mireles Phone:(970)221-6815 Email: smireles(aHc¢ov.com 2. The City will remove existing traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone:970-222-5533 Email: bsorensonAfceov.com 3. The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber optic line relocation in conjunction with other project activities taking into account time needed for order and delivery of materials. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. 4. The City will remove and install all permanent signing. The City will install all permanent pavement markings. City Signing and Striping Contact: Rich Brewbaker Phone:970-221-6792 Email:rbrewbaker(@fceov.com 5. The Contractor is responsible for removal of pavement markings and installation and maintenance of temporary pavement markings necessary to control traffic during construction. This work will not be paid separately, but shall be included in Construction Traffic Control, Lump Sum. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and striping work in conjunction with other project activities. Full -compliance pavement markings in accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Street Light Coordination 1. City Light and Power Crews will remove and install all street lighting and associated electric utilities for the project. City Survey Contact: Luke Unruh Phone: (970) 221-6700 -13- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Email: 1unruh(a( ,fcgov.com 2. The Contractor shall cooperate with the City Light and Power Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Refer to Utility specification for additional information. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay , or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project. Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be identified in Contractor's schedule. Delays due to coordination issues will be the responsibility of the contractor. -3- REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.13 shall include: Surveying Coordination A. The Owner will provide construction surveying for the project. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. REVISION OF SECTION 105 COOPERATION BETWEEN CONTRACTORS Section 105 of the Standard Specifications is hereby revised for this project as follows: -14- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Subsection 105.11 shall include the following: Other agencies may have active construction or maintenance projects within the vicinity of this project. The Contractor shall coordinate the work so as not to interfere or hinder the progress or completion of the work being performed by other agencies or contractors. All construction/traffic control conflicts that arise between the needs of the various construction contractors and other agencies shall be brought to the attention of the Engineer. Coordination meetings shall be held by Contractor to address conflicts and schedule adjustments maybe required to minimize impacts to adjacent projects. Active Project - North Shields Street Improvements; Larimer County — directly north of project location • The anticipated end date of the Larimer County North Shields Street Improvement contract is August 15, 2015 (subject to change). The contractor is responsible for coordinating and accommodating construction traffic through the project so as not to delay the Larimer County contract. This traffic may include but is not limited to aggregate base hauling, asphalt hauling, concrete mix trucks, general construction traffic and other site deliveries. Coordinating operations with Larimer County shall not be grounds for additional contract time. Active Project - US 287 Conifer to Willox Potential Project - US 287 SH 01 to Laporte Bypass -15- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsections 105.22, 105.23 and 105.24 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. -16- w tl TEMP CONST. EASEMENT I PROP ROW VARIES 10, 8' la.MAX WALK ____ 1 4;1 22 MAI � 1' CONCRETE SIDEWALK Is INCH) CONCRETE TRUCK AP CURB & TYPE. 2 (SECTI TEMP CONST.— PROP ROW EASEMENT \\ B' VARIES 2.5' WALK PARK STRIP 2X MAX I CIO' ITYP1 CONCRETE SIDEWALK (S INCH) STA.1D+68.70 TO STA.11+58.32 CL SHIELDS ST CONTROL LINE DETAILS EDP -NE CONTROL LINE S% POLL. VARIES% SEE SPLITTER ISLAND GEOMETRY SHEETS FCR ALIGNMENT & PROFILE (TYP.) CURB & GUTTER TYPE 2 (SECTION I-B) 6 INCH TPBC (CLASS B(BTYPI INCH) ON SHIELDS ST )) STA. 10+46.01 TO STA. 11+58.32 AND GUTTER 2 (SECTION 11-B) PROP ROW 2 1 ECIAL) I 5' —{ B' I TEMP CONST. WALK EASEMEENT I 1.� I %MAX 2' y_ MATCH EXISTING GROUND HMA PATCHING MINOR RETAINING WALL CONCRETE SIDEWALK (6 INCH) CURB & CUTTER TYPE 2 (SECTION II-B) Iry HMA (GRADING S)(75)(PG 64-28) '^. HMA (GRADING S)(75)(PG 64-22) +. HMA (GRADING S)(75)(PG 64-22) •�•y�&T v, ARC (CLASS 6) HMA LIFT DETAIL CL SHIELDS ST TEMP CONST.,_, EASEMENT \ PROP ROW 42, 50' IS' UTILITY EASEMENT 24' 24' 1 8' 9.5' 2.5' 612' I ' 12' 6' 12,51, 9.5' 6' I - 1' r-- <:I I PARK STRIP A_ RIKE LANE LANE 2X PAINTED MEDIAN p� 1 LANE BIKE LM)E 2X PARK STRIP WALK 1' 2Y. MAX 41 1 I -=_ E%]STING ROW -I --- a:1 ?22 •u Ar w,'IrvN•Ae• •av•....Q,,. • •CURB•& • F--10' CONCRETE SIDEWALK (6 INCH) GUTTER I �TYP) TYPE 2 (SECTION 11-8) J0, 2 INCH NMA (GRADING S) (75) (PG 64-28) ON 5.5 INCH HMA (GRADING S) (75)(PC 54-22) ON 18 INCH ARC (CLASS 6) I CONCRETE SIDEWALK Is INCH) CUR8 & CUTTER TYPE 2 (SECTION II-B) • 8-TEMP CONST.EASEMENT FROM STA 12+07.33 TD STA. I6140.12 EXISTING ROW SHIELDS ST STA. 11+58.32 TO STA. 16+18.93 NOTE; SEE LANDSCAPE PLANS FOR MEDIAN AND GRADING SURFACE TREATEMENTS Print Data: 6/5/2015 Sheet Revisions a City of I l Fort COLGI I a'� IS Reg on 4 1_HN /-•` �1 1420 Second Street Create CO 80633 Phone: 670-350-2126 As Constructed VINE & SHIELDS TYPICAL SECTIONS Project No./Code File Nome: 16877-RDWY-TYPICN SECTIONS. Dale: comment. (nit. No Reviaione: STU M455-108 Horiz. Scale: I•LO Vert. Scale: As Noted Unit Information Unit Leader Initial. C� RevieeC: DeaJgn.r: BSH svuctve 18877 0elailer: DWS NUmbera &COMPANY i i� ai-a'o ): Void; Sheet Number 7 Sheet Sub.et TYPICALS Sweet SKeels: 4 of 5 Addendum B125 Intersection Improvements at Vine & shields CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include: Substitutions and Product Options A. Description: 1. This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. c. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by Engineer and the Owner. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner / Engineer will consider written requests for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color and pattern -wise with base specified items, if necessary to secure "design intent". c. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 2) For products: i. Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. -17- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 iii. Name and address of similar projects on which product were used date of installation and field performance data. -2- REVISION OF SECTION 106 CONTROL OF MATERIAL 3) For construction methods: i. Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier / Manufacturer represents: I) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. -18- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 c. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. -3- REVISION OF SECTION 106 CONTROL OF MATERIAL Add subsection 106.14 as follows: 106.14 Quality Control For Warranted Hot Mix Asphalt and Concrete Pavements Quality Control (QC) is the responsibility of the Contractor. The Contractor shall establish and maintain all necessary inspection and materials testing procedures to assure the quality of work and the completed pavement. The Contractor's QC Manager is responsible for compliance with the quality requirements specified in the Contract and the Contractor's approved QC plan (QCP). The QC Manager shall not be the Contractor's Superintendent. The Contractor shall make provisions such that the Engineer can inspect QC work in progress, including sampling, testing, plants, and the Contractor's testing facilities at any time. A. Quality Control Plan (QCP). The Contractor shall submit a written QCP to the Engineer at least two weeks prior to the beginning of work that is controlled by the QCP. The QCP shall list all inspection and materials testing procedures utilized by the Contractor to ensure that the work conforms to contract requirements. The QCP shall address the following: 1. The name, qualifications, duties, responsibilities and authorities of each person assigned a QC function. The QC Manager shall be the person responsible for the process control sampling and testing. This person must possess at least one of the following qualifications: a. Registration as a Professional Engineer in the State of Colorado. b. Level II A, B, and C certifications from the Laboratory Certification for Asphalt Technicians (LABCAT). Technician Qualifications. Technicians taking samples and performing tests must possess the following qualifications: a. Technicians taking samples and conducting compaction tests must have Level II A certification from the Laboratory Certification for Asphalt Technicians (LABCAT). -19- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 b. Technicians conducting process control tests must have Level 11 B certification from the Laboratory Certification for Asphalt Technicians (LABCAT). c. Technicians determining asphalt mixture volumetrics and strength characteristics must have Level Il C certification from the Laboratory Certification for Asphalt Technicians (LABCAT). -4- REVISION OF SECTION 106 CONTROL OF MATERIAL 2. A description of the responsibilities and authority, and a resume of experience, of the QC Manager. 3. Materials testing schedule, showing sampling and testing procedures and frequencies. 4. The standards to which the pavement is to be constructed, such as: in place density, asphalt content, voids criteria, gradation, or all other criterion the Contractor intends to use to maintain the quality of the work. 5. Reporting procedures, including proposed reporting formats for materials sampling, testing, and inspection for all phases of the work. 6. Names of testing and engineering firms to be used, if any, with licenses as appropriate. 7. Procedures for identifying, evaluating, and reporting non-conformance discovered during QC inspections and testing. 8. Provisions for increased frequencies of inspection and testing when work does not conform to the standards set for the construction. B. Documentation. The Contractor shall maintain current records of quality control operations activities, and tests performed including the work of vendors and subcontractors. These records shall be in the form shown in the QCP and shall indicate, as a minimum, the subcontractor, if any, the number of personnel working, the weather conditions encountered, delays encountered, locations corresponding to project stationing as shown on the plans, and acknowledgment of deficiencies noted along with the corrective actions taken on deficiencies. These records shall include factual evidence that required activities or tests have been performed, including but not limited to the following: I. Type and number of quality control activities and tests involved. 2. Results of quality control activities or tests. 3. Nature of defects, causes for rejection, etc. 4. Proposed remedial action. 5. Corrective actions taken. Such records shall cover both conforming and defective or deficient features and shall include a statement that work and materials incorporated in the project comply with this Contract. Copies of these records shall be reviewed by the QC Manager and submitted to the Engineer prior to payment for the work. -20- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 C. Frequency. QC inspection and testing at all intervals of work shall be performed at the frequencies in the accepted QCP. D. Certification. Prior to acceptance of the project, the Contractor's QC Manager shall certify, in writing, that all work and materials incorporated into the project meet the requirements of the Contract. REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: For this project all insurance certificates shall name the City of Fort Collins and the Colorado Department of Transportation as an additionally insured party. -21- CITY OF FORT COLLINS PROJECT NO. STU M455-I08 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following: Environmental Controls The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. A. Dust Control Application: The Contractor shall execute work by methods to minimize raising dust from construction operations. 2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non -approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. 3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees and natural features to be preserved. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. D. Disposal Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., shall be borne by the Contractor. 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. -22- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. -2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS F. Noise Control: All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded_ Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. G. Erosion and Sediment Control: It shall be the responsibility of the Contractor to obtain an approved Erosion and Sediment Control Plan from the Owner. H. Permits All work must be performed in accordance with all applicable regulatory permits. 2. It shall be the responsibility of the Contractor to prepare a Stormwater Management Plan (SWMP), and submit the SWMP to the Colorado Department of Public Health and Environment for review and approval. The Contractor shall also provide inspection reports as required by the SWMP to the Owner upon completion of each inspection. 3. The Contractor shall be responsible for obtaining all other necessary permits associated with the Work. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following: All hauls traveling to or from Martin Marietta Materials, Inc. (MMM) located at 1800 North Taft Hill Road, Fort Collins, Colorado shall enter and exit the site from the North to CR 54G. No vehicle shall be driven or moved on any private or public highway, street, road or right of way if the vehicle is transporting aggregate material or asphalt paving material unless the load is covered by a tarp or other cover in a manner that prevents the load from escaping the vehicle and which minimizes fumes and emissions. Aggregate material means any rock, clay, silts, gravel, limestone, dimension stone, marble and shale; except that aggregate material does not include wet concrete or other materials not susceptible to blowing. Asphalt paving material -23- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 means any material formed by mixing aggregate and asphalt cement and includes hot mix asphalt, warm mix asphalt, and bituminous concrete. This work consists of the proper treatment and disposal of ground water collected from dewatering operations during excavation activities. The Contractor shall obtain a construction dewatering permit from the Colorado Department of Public Health and Environment (CDPHE). A completed application must be submitted to CDPHE at least 30 days prior to dewatering operations. Dewatering operations shall be conducted in a manner that avoids pollution and erosion. Water from dewatering operations shall not be directly discharged into any state waters including wetlands, irrigation ditches, canals, or storm sewers, unless allowed by a permit. Discharge into sanitary sewers will not be allowed unless written permission is obtained from the owner or controlling authority and a copy of this approval is submitted to the Engineer. Unless prohibited by law or otherwise specified in the Contract, the water from dewatering operations shall be contained in basins for dissipation by infiltration or evaporation, shall be hauled away from the project for disposal in accordance with applicable laws and regulations, or shall be land applied to approved non -wetland vegetated areas. Depending upon the quality of the water, land application of water to vegetated areas may require a written concurrence or permit from CDPHE and from the owner of the facility. Based on guidelines and criteria from CDPHE, the Contractor shall determine the quality of the water, obtain applicable concurrences or permits, and furnish copies of the concurrences or permits obtained to the Engineer. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent 2. Contractor's Subcontractors (including the city provided Surveyor) 3. Engineer 4. Owner 5. Utility Companies 6. Larimer County — coordinated by the City 7. Others as requested by the Contractor, Owner, or Engineer. Prior to the conference, the contractor shall submit a schedule of the construction project, include in the schedule shop drawings and other submittals. 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. -24- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 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 2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid B. Construction Progress Meetings for the Federal Aid Project No. STU M455-108 (18877): Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. -2- REVISION OF SECTION 108 PROSECUTION AND PROGRESS Modifications to Time of Completion in the Approved Schedule The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. 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 -25- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 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 out Mondays through Fridays (holidays accepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of calendar days for which work was delayed during each month. At the end of each month, if the number of work days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, and then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. -3- REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. -26- INDEX CONTRACT ITEM NO. CONTRACT REM UNIT ROADWAY PROJECT TOTALS SWIG PAGE SHEET PLAN AS CONST. 212-00032 SOILCONDITIOMNG AC 0.11 0.11 212-OOD40 SOIL PREPARATION (LAWN) AC 0.37 0.37 212-00050 SOD SF 15886 15886 213-00004 MULCHING (WEED FREE STRAW) AC 0.11 0.11 213-00005 MULCHING (DECORATIVE) CF 1614 1614 213-00008 MULCHING (WOOD CHIP) CF 166 166 213--00087 ROCK MULCH (WEED FREE) SF 2029 2029 213-MO70 LANDSCAPE WEED BARRIER FABRIC BY 734 734 213-M40 METAL LANDSCAPE BORDER(118 X 41NCH) LF 85 85 213-00700 LANDSCAPE BOULDER EA 117 117 214-0000 LANDSCAPE MAINTENANCE LS 1 1 214-00215 DECIDIOUS TREE (13 INCH CALIPER) EA B 8 214.00220 DECIDIOUS TREE (2 INCH CALIPER) EA 33 33 _ 214-00350 DECIDIOUS SHRUB (5 GALLON CONTAINER) EA 120 120 214.00506 EVERGREEN TREE(6 FOOT)(BALL AND BURLAP) EA 1 1 214-00650 EVERGREEN SHRUB (5 GALLON CONTAINER) EA 34 34 214-00910 PERENNIALS (1 GALLON CONTAINER) EA 310 310 304-08000 AGGREGATE BASE COURSE (ABC)(CLASS 6) TON 2036 2038 403-00720 HOT MIX ASPHALT(PATCHING)(ASPHALT) TON 19 19 403-33741 HOT MIX ASPHALT (GRADING S) (75) (PG 64-22) TON 731 731 403.34751 HOT MIX ASPHALT (GRADING S)(75)(PG 64-28) TON 266 266 412-00800 CONCRETE PAVEMENT (8INCH) SY 427 427 412-00801 CONCRETE PAVEMENT IS INCH) (SPEICAL) (DAVIS COLOR TILE RED 1117) SY 217 217 412-00801 CONCRETE PAVEMENT IS INCH) (SPEICIAL) (DAVIS COLOR OMAHA TAN 5084 BY 287 287 412-00801 CONCRETE PAVEMENT (8 INCH) (SPECIAL) (DAVIS COLOR COCOA 6130) SY 126 128 412-00850 CONCRETE PAVEMENT(8.5') BY 2823 2823 412-00870 CONCRETE PAVEMENT (8.5') (FAST TRACK) BY 941 941 420-00300 GEOTEXTILE(REINFORCEMENT) BY 1200 1200 504-08050 STONE LANDSCAPE WALL SF 298 296 506-00210 RIPRAP IS INCH) CY 2 2 601-00000 IART FOUNDATION L S 1 1 601-03000 CONCRETE CLASS CY 21 21 602-00000 REINFORCI NG STEEL LB 829 829 805-00004 41NCH NWN-PERFORATED PIPE UNDERDRAIN LF 233 233 1 Cma:6i5i2015 Q Sheet Revisions CRY'Of C �J^S Region 4 LHN �-'� `' 1 Gres y, CO Street 0reeley� CO 80631 Phone: 97D-350-2126 As Constructed SUMMARY OF APPROXIMATE QUANTITIES Project No./Code rle Nome: Ie677_s0w.egn oats: Comments m4. No Revisions: STU M455-108 r Norii. Scale: Vert. Notnitia .n Volt Inlormvtivn lNtit Leader INtivls t Lea er C� Revisatl: Designer: BSN IqUuetuej 16877 i lvyO+�inTe 1-1. NY Tua� .;-INN.- Delviln: Ow5 umboa Voie: Sheet Number 10 Sheet Subscl: SOAO SWxI Sheet.: 2 of 3 $126 Intersection Improvements at Vine 8 Shields Page 20 of 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Coordination with the Larimer County — North Shields Street Improvement Project shall not be considered justification for an extension of time. 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 Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and 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. REVISION OF SECTION 108 LIMITATION OF OPERATIONS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.05 shall include the following: Work Hours: Work hours are 7 AM to 6 PM, Monday through Friday. Extended hours and weekend work are anticipated and will be permitted with written approval from the Project Manager. Night time work shall be permitted with written approval from Project Manager. Work shall be permitted on holidays with written approval from the Project Manager. Work requests beyond working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. Night and weekend work will be allowed with 5 days prior notice to the Project Manager. All costs associated with nighttime work will be incidental to the work. Demolition work will not be permitted before 7 AM or after 6 PM. -27- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 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: Ralph Zentz, Assistant City Forester (970-221-6302), shall be responsible for identifying the removal of tree branches, stumps, shrubs and/or other plant materials beyond those trees identified in the removal plans for removal and/or transplant. Coordinate with the Assistant City Forester to have tree branches, stumps, shrubs, and other plant materials marked for removal. Clearing and grubbing shall include the removal of trees less than six (6) inches in diameter, bushes and shrubs as identified by the Engineer or the Assistant City Forester to be either removed or trimmed. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Clearing and grubbing shall include the removal of landscape rock within the construction limits that is not specified to remain. All removed landscape rock shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Subsection 201.04 shall include the following: Pay Item Pay Unit Clearing and Grubbing Lump Sum -28- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Section 202 of the Standard Specifications is hereby revised for this project as follows: REMOVAL OF PIPE Subsection 202.01 shall include the following: This work includes removal and disposal of existing waterlines within the project limits as shown on the plans or at locations directed by the Engineer. In Subsection 202.02 delete the seventh 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 linear foot of pipe removed, and accepted. Excavation and backfilling will not be paid separately and shall be included in the cost for removal of pipe. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Pipe Pay Unit Linear Foot Work shall include all material, equipment, labor, and disposal of materials to complete the work. REMOVAL OF SIDEWALK Subsection 202.01 shall include the following: This work includes removal and disposal of existing sidewalk within the project limits as shown on the plans or at locations directed by the Engineer. This item includes the removal of the existing concrete drain and sidewalk drain as shown on the plans. -29- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Section 202 of the Standard Specifications is hereby revised for this project as follows: In subsection 202.02 delete the seventh paragraph and replace with the following: The existing sidewalk (assumed 4-6 inches thick) shall be removed in a manner that minimizes contamination of the removed sidewalk with underlying material. The removed sidewalk shall become the property of the Contractor and shall be disposed of outside the project site legally. The Contractor may dispose the removed sidewalk at the City of Fort Collins Recycling Center at 1380 Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the City Recycling Center. Subsection 202.11 shall include the following: The removal of the existing sidewalk will be measured by the square yard of sidewalk removed to the required depth, and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of sidewalk. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Sidewalk Square Yard Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. REMOVAL OF CURB AND GUTTER Subsection 202.01 shall include the following: This work includes removal and disposal of existing curb and gutter within the project limits as shown on the plans or at locations directed by the Engineer. In subsection 202.02 delete the seventh paragraph and replace with the following: The removed curb and gutter shall become the property of the Contractor and shall be disposed of outside the project site legally. The Contractor may dispose the removed curb and gutter at the City of Fort Collins Recycling Center at 1380 Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the City Recycling Center. -30- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.11 shall include the following: The removal of the existing curb and gutter will be measured by the linear foot of curb and gutter removed, and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of curb and gutter. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Curb and Gutter Linear Foot Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. REMOVAL OF CONCRETE PAVEMENT Subsection 202.01 shall include the following: This work includes removal and disposal of existing concrete pavement within the project limits as shown on the plans or at locations directed by the Engineer. In Subsection 202.02 delete the seventh paragraph and replace with the following The existing concrete pavement (assumed 8 inches thick) shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removed pavement shall become the property of the Contractor and shall be disposed of outside the project site legally. The Contractor may dispose the removed pavement at the City of Fort Collins Recycling Center at 1380 Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the City Recycling Center. Subsection 202.11 shall include the following: -31- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Section 202 of the Standard Specifications is hereby revised for this project as follows: The removal of the existing concrete pavement will be measured by the square yard of pavement removed to the required depth, and accepted. Location of sawcutting shall be as directed by the Engineer. Sawcutting will not be paid separately and shall be included in the cost for removal of concrete pavement. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Concrete Pavement Square Yard Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. REMOVAL OF ASPHALT MAT 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 Engineer. In Subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat (assumed 6 inches thick) shall be removed in a manner that minimizes contamination of the removed asphalt with underlying material. The removed mat shall become the property of the City and be disposed of by any one or more of the following described methods: 1. Place material in bottom of fills as approved by the Engineer. 2. Haul offsite to City of Fort Collins Recycling Center at: 1380 Hoffman Mill Road Fort Collins, Colorado (970)482-1249 -32- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Section 202 of the Standard Specifications is hereby revised for this project as follows: It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the City Recycling Center. Subsection 202.09 shall include the following: Removal of Asphalt Mat will be full depth asphalt removal. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed, and accepted. Location of saw cutting shall be as directed by the Engineer. Saw cutting will not be paid separately and shall be included in the cost for removal of asphalt mat. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat Square Yard Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. -33- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 REMOVAL OF FENCE 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 fencing at locations shown on the plans. Subsection 202.02 shall include the following: Removed fencing shall become the property of the Contractor and disposed of off -site. Fencing materials including posts and foundations shall be completely removed and holes backfilled. Backfilled holes shall be seeded to match the surrounding landscape. Coordinate with Engineer on appropriate seeding if disturbance is outside of the proposed landscape improvements. Subsection 202.11 shall include the following: The removal of existing fencing will be measured by the linear foot of fence removed. Subsection 202.12 shall include the following: Payment shall be made at the contract unit price per linear foot for the accepted quantity removed. Payment will be made under: Pay Item Removal of Fence Pay Unit Linear Foot Payment will be full compensation for all work necessary to complete the item including backfilling any remaining holes and seeding the finished grade. -34- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT Section 202 of the Standard Specifications is hereby revised for this project as follows: Section 202.02 shall include the following: The Contractor shall make sure traffic operations for new intersection and pedestrian movements can be implemented and fully operational prior to removal as per approved MHT. Subsection 202.03 shall include the following: The Contractor shall coordinate with the following contact for removal of all traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone: 970-222-5533 Email: bsorenson@fcgov.com All salvable material shall be removed, without unnecessary damage, in sections or pieces that may be readily transported by the City of Fort Collins, or as directed by the Engineer. The Contractor shall be held responsible for the safekeeping of all salvable materials during the period of the Contract until they are delivered to the City. The Contractor shall make good or replace at his own expense any such materials damaged, stolen or otherwise lost prior to receipt by the City. All salvable materials, as designated on the plans, shall remain the property of the City. Subsection 202.04 shall include the following: Removal of the traffic signal equipment shall include signal poles (without luminaries), pedestal poles, span wire cable, all attachment hardware, attached signs, and all incidental equipment, except as noted on plans. All existing pull boxes shall be removed and backfilled. All wiring shall be removed from existing conduit and the conduit shall be abandoned in place. -35- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Subsection 202.12 shall include the following: Pay Item Pay Unit Removal of Traffic Signal Equipment Lump Sum REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: Areas and removal items include but are not limited to: 1. Gasamat fuel price sign in the northeast corner of intersection Subsection 202.02 General shall include the following: Contractor shall contact property owner to coordinate termination of power to the sign prior to removal. Caissons shall be removed two feet below finished grade level. Contractor will protect and avoid items and areas that are not to be removed as a part of this project. Contractor is responsible for damage to areas and items that are not a part of the project and will coordinate with owner for repair or replacement at no cost to the project. Subsection 202.02 shall include the following: At least 5 days before beginning the removals the Contractor shall submit to the Engineer details of the removal operations showing the methods and sequence of removals. Subsection 202.12 shall include the following: -36- • • INDEX CONTRACT ITEM NO. CONTRACT REM UNIT ROADWAY PROJECT TOOK( MOT THMT PLAN AS CONST. 805.00040 41NCH PERFORATED PIPE UNDERORAIN LF 194 194 805-85000 SURFACE SAND FILTER SF 158 158 607.11530 FENCE (SPECIAL) LF 210 210 608.00006 CONCRETE SIDEWALK (6 INCH) BY 1398 1398 608-00010 CONCRETE CURB RAMP BY 313 313 SDO.21010 CURB 6 GUTTER TYPE 2 (SECTION 1.8) LF 1084 1084 B00-21020 CURB 8 GUTTER TYPE 2 (SECTION II.0) LF 2130 2136 ODO.21021 CURB & GUTTER TYPE 2 (SECTION 11-M) LF 297 297 609-20010 CURB TYPE 2(SECTION B) LF 220 220 60940130 CURB MEDIARSPECIAL) LF 411 411 614-80321 BARRICADE (TYPE 3 MA) EA 1 1 61940480 6 INCH PLASTIC PIPE LF 36 36 619-75048 6INCH GATE VALVE EA 2 2 619.78048 61NCH FIRE HYDRANT EA 2 2 621-00450 DETOUR PAVEMENT BY 983 983 623-00000 IRRIGATION SYSTEM LS 1 1 023-00002 21NCH PLASTIC PIPE (IRRIGATIONSLEEVE) LF 900 900 623-00804 41NCH PLASTIC PIPE (IRRIGATIONSLEEVE) LF 375 375 626-0000 MOBILIZATION LS 1 1 630-00000 FLAGGING HOUR 12DO 1200 630-00007 TRAFFIC CONTROL INSPECTION DAY 39 39 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 96 96 630-10005 TRAFFIC CONTROL LS 1 1 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 10 630-803TO CONCRETE BARRIER TEMPORARY IF 600 60D 700-70010 F/A MINOR CONTRACT REVISIONS FA 1.0 700.70011 F/A PARTNERING FA 1.0 700-70016 F/A FUEL COST ADJUSTMENT FA 1.0 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA 1.0 700-70380 F/A EROSION CONTROL FA 1.0 7DO.70021 F/A ON THE JOB TRAINING HR 320 320 Print Dote: 6/4/2015 o Sheet Revisions ' City of Fort Collins Region 4 LHN �� 1420 Second Street Oreetvy� CO 80631 Phone: 970-350-2126 As Constructed SUMMARY AN APPROXIMATE QUANTITIES Project No./Code File Nome: tW77.S0AD.46e ,��.�,: Comments hit. "o Revisions: STU N455-108 Ndrii. SOOIe: 1:10 Yert. SCOIY. AD Noted unit Inlormothm unit Leader I.R.." Revised: Void: Oew.er: BSH 51.ucture I8877 0etolkr. Ows �rneere o w�lo�" &COMPANY 3 1 :asu Y' ' ' (� Sheet Number it Sheet Subset: SOAO Subset Steels: } of } 81251nlameotlon Improvements m Vine 0 Shields Page 21 of 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 202 Payment shall be made at the contract unit price. Pay Item Removal of Sign (Special) Unit Each CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 207 TOPSOIL (SPECIAL) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall be revised to include the following: The Contractor will have the option to either purchase amended topsoil that meets the following requirements or mix the existing material on -site to meet the requirements. If mixed on site, this work shall consist of using the onsite stockpiled topsoil and mixing with the required imported soil amending material to produce the standard 75/25 topsoil mix material. This material shall be placed in the designated landscape medians and parkway areas indicated on the plans. Subsection 207.02 shall include the following: Topsoil for this project shall consist of loose friable loam amended with organic enhancements. A. Amended Topsoil Onsite shall have the following characteristics: Shall have a range of three to four percent organic matter as determined by the ignition of moisture free sample dried to determine loss in accordance with current methods of the Association of Official Agriculture Chemists. Shall have a pH between 6.5 to 8.0. Sodium Absorption Rate (SAR) and Electrical Conductivity (EC) readings are not to exceed three mmhos/cm. Particle Sizes: Topsoil shall be loam to sandy loam. Must be weed free at the time of spreading operations. This can be achieved by following subsection 217.03 B. Soil Amendment: Onsite amended topsoil - Material brought to the site for amendment process shall meet the amendments at the following rate: 3 cubic yards per 1,000 square feet of organic amendment The organic amendment shall include the following: An organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a period of time that is long enough to accomplish the following specifications: The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 5131 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 2. Eradicate harmful pathogens, including coliform bacteria. 3. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1 4. Contain no solid particle greater than'/2 inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil and contain a maximum of 30 percent composted wood residue (pine or aspen wood). -2- REVISION OF SECTION 207 TOPSOIL (SPECIAL) The ph after composting shall be between 5.0 and 7.5 with an organic matter content of no less than 30 percent. The Contractor shall submit a 2 lb. Sample of the product four weeks before its use on the project site revision for the Engineer's approval. A Certificate of Compliance shall be provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen ratio. The Contractor shall submit two samples of topsoil to a soils laboratory for analysis. The cost of the test shall be at the Contractor's expense. The results will be submitted to the Engineer for review at least 60 days prior to placement. Based on the results, the Engineer can request soil amendments appropriate to have topsoil conform to these specifications at no cost to the project. The organic amendment shall be an organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees. Fahrenheit or greater for a period of time of 70 to 90 days, and be approved by the Engineer. Subsection 207.03 shall include the following: All areas planted behind the curb (parkway area) shall have the top 8 inches of soil tilled. Upon completion of tilling, the Contractor shall disk soil so as to break up all dirt clods to a size of two inches or smaller. Topsoil placement shall occur immediately after disking is complete. All areas shall be seeded or temporarily stabilized within seven calendar days after topsoil placement is completed. Spread topsoil over all areas to be planted with shrubs, to a depth of three inches. Spread topsoil over all areas to receive sod, to a depth of four inches. Begin placement after all rough grading, tilling, and disking operations are complete. Ten days before notice to proceed, Contractor shall submit a weed mitigation plan t the Engineer for approval. This plan shall include a graphic time line showing milestone and completion dates of herbicide treatment, topsoil stockpiling, topsoil spreading and all seeding and planting times. Delete Subsection 207.04 and replace with the following: Topsoil salvaged from the roadway placed in stockpile shall paid by the cubic yard per plan quantity as Stockpile Topsoil. Topsoil special shall be measured in place by measuring random depths of topsoil, and computing the volume by multiplying the area times the average depth. Topsoil special includes the amended material secured from a source outside the right-of-way, mixing the stockpiled topsoil material with the amended material to meet the requirements for an approved 75/25 mix, and placing in the designated areas. -39- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Subsection 207.05 shall include the following: Payment will be made under: Pay Item Topsoil (Special) Pay Unit Cubic Yard Tilling and disking operations will not be paid for separately, but shall be included in the work. Organic amendment will not be paid for separately but shall also be included in the work. REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Section 208.01 of the Standard Specifications is hereby revised for this project to include the following: Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or off site) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor. Subsection 208.05 shall include the following: It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of construction debris. Section 208.12 shall include the following: All erosion control measures identified in the Contract and as directed by the Project Manager will not be measured and paid for separately but will be the plan quantities. The unit cost price bid will be full compensation for all work required to complete the item. -40- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 210 VALVE BOX AND MANHOLE ADJUSTMENTS Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.10 shall include the following: The Contractor shall notify each utility company (Owner) prior to any construction that will involve the adjustment of its valve boxes or manholes. Each Owner will mark all of its valve boxes and manholes that will be involved in the specified construction area Prior to commencing construction, the Contractor shall coordinate and conduct, with the Engineer and each Owner, an inspection of all impacted manholes and valve boxes. The purpose of this inspection will be to account for all valve boxes and manholes involved in the construction and determine their accessibility and condition. The Contractor shall provide traffic control for this inspection and for the final inspection. The Contractor shall coordinate construction with the Owner to allow sufficient time for the Owner to make all necessary repairs to, or supply replacements for valve boxes and manholes before construction begins in the area of the valve boxes and manholes. All parties shall agree on the condition of each valve box and manhole prior to construction. The Contractor shall replace all valve box sections damaged or misplaced during construction with new valve box sections complying with the requirements of the Owner's specifications. The Contractor shall set each valve box to be adjusted so that it is '/4 inch to '/z inch below the final grade of the paved surface, or to the satisfaction of the Owner, and so that it is plumb over the operating nut of the valve. The Contractor shall replace all manhole sections damaged or misplaced during construction with new manhole ring and cover complying with the requirements of the Owner's specification. The Contractor shall adjust each manhole so that it is ''A inch to % inch below the final grade of the paved surface, or to the satisfaction of the Owner. Some adjustments may require the addition, removal, or replacement of a manhole or cone section. If manhole adjustment requires a manhole cone or barrel section to be added, removed, or replaced, this work will not be considered as "Adjust Manhole", but shall be performed in accordance with the Section 210 requirements for the item "Modify Manhole". The Contractor shall prevent tools, concrete, dirt, or debris of any kind from falling into the channel of the existing manhole. The Contractor shall clean or remove debris from downstream sewer that enters as a result of the Contractor's work. When the project includes planing prior to resurfacing, the Contractor shall first lower all valve boxes and manholes below the surface to be planed and then adjust them up to final grade after the paving operation is complete. Prior to the final inspection, the Contractor shall thoroughly clean all valve boxes designated for cleaning. This work shall be performed in accordance with the Section 202 requirements for the item "Clean Valve Box". The Contractor shall coordinate and conduct, with the Engineer and each Owner, a final inspection upon completion of construction. This inspection shall assure that all valve boxes and manholes are in compliance with these requirements. The Engineer will obtain the Owner's written approval before accepting the work. -2- REVISION OF SECTION 210 -41- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 VALVE BOX AND MANHOLE ADJUSTMENTS Subsection 210.12 shall include the following: The Contractor will be paid separately for each valve box or manhole adjustment completed down and for each adjustment completed up. Subsection 210.13 shall include the following: Payment will be made under: Pay Item Pay Unit Adjust Valve Box Each Adjust Manhole Each Adjustments that include adding, removing, or replacing a manhole cone or barrel section will be paid for under the Section 210 pay item, Modify Manhole. -42- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 210 MODIFY MANHOLE Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.01 shall include the following: Modify manhole consists of adding or removing manhole sections to raise or lower the existing manhole to the proposed grade lines established by roadway construction, rotating the eccentric cone so that the ring and cover is located as indicated on the plans (if necessary). Subsection 210.02 shall include the following: Modification of manhole shall be done in accordance with the requirements of the utility company's (Owner's) current details and specifications. The Contractor shall, as necessary to meet the final grades shown in the plans: Remove the portion of the existing manhole to the top of the barrel; Add or remove barrel sections to the required height; Add or remove eccentric cones to the required height; Rotate the eccentric cone so that the ring and cover is located as indicated on the plans; Add additional steps as required and remove existing steps that are no longer functional. Reset the manhole ring and cover to the finished grade. If the ring and cover is damaged or misplaced or in the opinion of the Engineer cannot be reused, provide a new manhole ring and cover complying with the Utility Owner's specifications. Upon completion the Contractor shall coordinate and conduct, with the Engineer and the Owner, an inspection of each modified manhole. The Contractor shall provide traffic control for this inspection. The Engineer will obtain the Owner's inspection and written approval before accepting the work. Subsection 210.12 shall include the following: Modify Manhole will be measured by the actual number modified and accepted. Subsection 210.13 shall include the following: Pay Item Modify Manhole Pay Unit Each Payment for Modify Manhole will be full compensation for all work and material required to complete the item. Structure excavation and structure backfill required for "Modify Manhole" will not be measured and paid for separately but shall be included in the work. -43- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: Add the following to Subsection 213.01: This work consists of furnishing and placing Mulching (Wood Chip) in areas indicated on the plans. This work consists of furnishing and placing Mulching (Decorative) in areas indicated on the plans. This work consists of furnishing and placing Rock Mulch (Weed Free) in areas indicated on the plans. This work consists of furnishing and placing Landscape Boulder in areas indicated on the plans. Add the following to Subsection 213.02: Mulching (Wood Chip) shall be shredded western red cedar. A sample shall be submitted to the Engineer for review and approval. Mulching (Decorative) shall consist of 50% - 3/4"" and 50% - 1 1/2" earth tone cobble rounded river rock. A sample shall be submitted to the Engineer for review and approval. Rock Mulch (Weed Free) shall consist of 50% - 2" to 4" and 50% - 4" to 6" earth tone cobble rounded river rock. A sample shall be submitted to the Engineer for review and approval. Landscape Boulder shall consist of varying types and sizes of boulders as described in the plans and details. Contractor to provide photos of each boulder type and size to the Engineer for preliminary approval. The Engineer and Contractor to visit the selected supplier prior to shipment to review and approve pre -selected landscape boulders organized by size and type. Add the following to Subsection 213.03: Mulching (Wood Chip). The Contractor shall excavate 4" as necessary to install Mulching (Wood Chip). Mulching (Wood Chip) operations shall not begin until the underlying surface has been prepared. Mulching (Wood Chip) shall be placed without landscape weed barrier fabric to a uniform depth of 4 inches in locations as indicated on the plans or as designated by the Engineer. Mulching (Wood Chip) shall also be placed in all tree and shrub saucers where plantings occur in sod areas and/or various types of rock and cobble mulch areas. Mulching (Decorative). The Contractor shall excavate 4" as necessary to install Mulching (Decorative). Mulching (Decorative) operations shall not begin until the underlying surface has been prepared. Mulching (Decorative) shall be placed over landscape weed barrier fabric to a uniform depth of 4 inches in locations as indicated on the plans or as designated by the Engineer. -2- -44- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 213 MULCHING Rock Mulch (Weed Free). The Contractor shall excavate 4" as necessary to install Rock Mulch (Weed Free). Rock Mulch (Weed Free) operations shall not begin until the underlying surface has been prepared. Rock Mulch (Weed Free) shall be placed by hand over landscape weed barrier fabric to a uniform depth of 4" for smaller cobbler and a uniform depth of 6" (4" below and 2" above grade) for larger cobble in locations as indicated on the plans or as designated by the Engineer. Place Rock Mulch (Weed Free) with a balance of colors and a random mixture of sizes. Landscape Boulder. The Contractor shall install Landscape Boulders as indicated in the plans and details. Contractor shall stake boulder locations for review and approval by the Engineer prior to installation. Croce the landscape boulders are placed by the Contractor, the Engineer shall provide final approval of the locations prior to backfil ling. Add the following to Subsection 213.04: The quantity of Mulching (Decorative), Rock Mulch (Weed Free) and Landscape Boulder will not be measured but shall be the quantity designated in the contract. Add the following to Subsection 213.05: Pay Item Pay Unit Mulching (Wood Chip) Cubic Foot Mulching (Decorative) Cubic Foot Rock Mulch (Weed Free) Square Foot Landscape Boulder Each Any excavation related to the installation of Mulching (Wood Chip), Mulching (Decorative), Rock Mulch (Weed Free) and Landscape Boulder will not be measured and paid for separately but shall be included in the work. REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 214.01 shall include the following: This work also consists of a Landscape Maintenance period. MATERIALS Subsection 214.02 shall include the following: -45- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Plant List. A plant list is provided on the plans. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the plans shall govern. Guying and Staking. Material includes 14AWG wire with 1 /2"x12" PVC sleeves and stake protection cap per each stake. CONSTRUCTION REQUIRMENTS Subsection 214.04 Landscape Establishment. The duration of the Landscape Establishment period shall be twenty-four (24) months and will commence upon receipt of Notice of Substantial Completion from the Engineer. If Notice of Substantial Landscape Completion is issued during the spring planting season, the Landscape Establishment period begins immediately and lasts for a period of twenty-four (24) months. if the Notice of Substantial Landscape Completion is issued at any other time, the Landscape Establishment period begins at the start of the next spring planting season (April 1') and lasts for a period of twenty-four (24) months. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer, CDOT and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected, dead or dying material will be made, and corrective and necessary cleanup /replacement measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. -2- REVISION OF SECTION 214 PLANTING During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or re -adjust guy material, stakes and posts. The Contractor will provide weekly mowings, grass trimming, a minimum of three (3) fertilizations per year (six (6) total over the source of the 24 month Landscape Establishment Period), and remove grass clippings from the projects hard surfaces. The Contractor shall also remove weeds from planting beds and tree area saucers on a monthly basis during the growing season, maintain specified depths of mulching material annually and fertilize trees via a root feeder during the spring of each growing season (two (2) times). -46- TABULATION OF SURFACING ITEMS STATION PAVEMENT AREA 304-08000 403-00721 403-33741 40344761 41240800 41240801 412-00801 41240801 412-00850 412-00870 AGGREGATE BASE COURSE (ABC) (CLAS88) ATCHINHOTIAASPHALT (PATGHING)(ABPHALT) NOT MIX ASPHALT (GRADINGS)(78) (PG 64-22) HOT FAX ASPHALT (ORADINGS)(75) (PG64.28) CONCRETE PAVEMENT (8.0 INCH) CONCRETE PAVEMENT (SPECIAL) D VISC COLOR (DAVIS TILE RED 1117) CONCRETE PAVE(DAVIS COLOR OMAHATAN 6084) COLOR OMAHA TAN 608 INCH)(TEPAVEMENT (9 COLOR COCOA B130) ICOLO COCOA CONCRETE PAVEMENT (8.61NCH) CONCRETE PAVEMENT (BA TRACK], TRACK) ALIGNMENT BEGIN END SF Ton TON Ton Ton BY SY BY SY BY BY VINE 29.94.36 TO 30+10.92 190.70 8.0 VINE 30-16.92 TO 32-35.75 8.511.39 3332 700.3 236A VINE 30+22.15 TO 30+70.18 1061.88 118.0 VINE 32+35.75 TO 32.43.90 509.79 193 88.6 VINE 32+38A0 TO 32+96.40 314.53 34.9 VINE 32+40M TO 32+88.03 230.97 26.7 VINE 33+63.01 TO 34.06.19 192.72 222 VINE 33.99.86 TO 34.07.93 4119,42 16A $22 VINE 34.07.53 TO 36+56.93 4,748.95 192.9 3952 131.9 VINE 34M4.D6 TO 34+86.16 19221 202 VINE 34+46.54 TO 34.43.02 5492 5.1 VINE 34+49.73 TO 34-97.66 633.24 592 SHIELDS 7+94.97 TO 9+00.67 0,292A7 242A 52" 1742 SHIELDS 9+00.67 TO 9+0894 493.71 1B.6 66A SHIELDS 9408.64 TO 10-6227 10,967.60 494.3 816A 3052 SHIELDS 10462.27 TO 10+70.32 470.90 17.9 52.3 SHIELDS 10+70.32 TO 11+68.32 3,34DA2 130.7 278A 92.8 SHIELDS 11-60.97 TO 11-99.19 685.74 762 SHIELDS 11+66J2 TO 19+16A3 21,742.87 467.7 7304 266J SHIELDS 11+92.34 TO 12+40.36 795.00 66.3 SHIELDS 1340396 TO 13+30.86 383.67 42.6 SHIELDS 14450.01 TO 11e87,01 390All 42.3 CENTER ISLAND TRUCK APRON 177.E 12" NE MINOR RETAINING WALL 10.1 PROJECTTOTALS 1964.1 15.9 730.0 265.7 426.6 216.6 286.9 126.3 2823A 941.1 Print Dale: 6/5/2015 o C� Sheet Revisions �e4�� B city of Fort Collins Region 4 LHN /� 1420 Serene Street Creeey, Cc 90631dCOMP1NY Phone: 970-350-2126 As Constructed VINE & SHIELDS TABULATION OF SURFACING Project No./Code File Nome: 18877-Rooesa tap Sheels.L n 00te: Comments Irvi. No Revisions: $TU M455-108 Horb,. Scale: 1:10 Vert. Stale: Ae Net" Unit Information Unit Leader Iniliols Ravlsee: D.i,nen BSH Slru.Wn 18877 Delailer: OW$ NumOerc WWRAWKim 1.s pp��es• rei ,: Vaio: Sheet Number 27 Sheet Subsea RDWY TAB Subset Wets: I of 4 8125 Intersection Improvements el Vine 8 Shields Page 22 of 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed by the Engineer or City Forester. Plant replacement shall be performed during the spring planting seasons at the beginning and end of the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the original contract specifications and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. Subsection 214.04 Delete paragraphs 5 and 6 and replace with the following: The trees planted by the Contractor shall be watered twice per month at the rate of twenty (20) gallons per tree per watering for the months May through October during the twenty-four (24) month Landscape Establishment Period, or as needed, and the trees shall also be watered once per month at the rate of twenty (20) gallons per tree for the months November through April during the twenty-four (24) month Landscape Establishment Period, or as needed. The shrubs planted by the Contractor shall be watered twice per month at the rate of five (5) gallons per shrub per watering event for the months May through October during the twenty-four (24) month Landscape Establishment Period, or as needed, and the shrubs shall also be watered once per month at the rate of five (5) gallons per shrub for the months November through April during the twenty-four (24) month Landscape Establishment Period, or as needed. Prior to the beginning of the Landscape Establishment Period, a watering schedule listing the calendar days chosen to complete the required watering shall be submitted to facilitate inspections by the City/Engineer. METHOD OF MEASUREMENT Subsection 214.05 shall include the following: Soil material for tree, shrub, ornamental grass and perennial backfill mix, guy, webbing, tree stakes, protective caps and PVC pipe sleeve and wrap for trees, will not be measured and paid for separately but shall be included in the work. -3- REVISION OF SECTION 214 PLANTING BASIS OF PAYMENT Subsection 214.06 Delete the fifth paragraph and replace with the following: The initial watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the price of the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured and paid for separately but shall be included in the work. -47- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be included in the work. Subsection 214.06 Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection. Payment will be made under: Pay Item Pay Unit Landscape Maintenance (24 months) Lump Sum REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 Subsection 304.08 shall include the following: Pay Item Pay Unit Aggregate Base Course (Class 6) Ton Compaction, water, impervious membrane, excavation, and removal of unsuitable material and all other work necessary to complete this item will not be measured and paid for separately but shall be included as part of the work. -48- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: TABLE 403-1 Value For Grading Test Property Method SX (100) S (75) (Patching) Air Voids, percent at: CPL 5115 3.5 — 4.5 N (design) 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): CPL 5115 100 N d (design) 75 75 Stability, minimum CPL 5106 28 28 28 Minimum % of the aggregate retained on the 4.75 mm (No. 4) sieve having at least 2 CP 45 60 60 60 mechanically induced fractured faces Accelerated Moisture Susceptibility CPL 5109 Tensile Strength Ratio (Lottman), Method B 80 80 80 minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) 205 (30) Strength, kPa (psi) Method B Grade of Asphalt Cement, Top PG 64-22 Layer Grade of Asphalt Cement, Layers PG 64-22 PG 64-22 below Top Voids in the Mineral Aggregate See Table See Table See Table (VMA) % minimum CP 48 403-2 403-2 403-2 Voids Filled with Asphalt (VFA), % AI MS-2 65-80 65-80 65-80 Dust to Asphalt Ratio Fine Gradation CP 50 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 Coarse Gradation 0.8 - 1.6 0.8 - 1.6 0.8 - 1.6 -49- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT - APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 min (No. 4) sieve shall approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4 inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. -2- REVISION OF SECTION 403 HOT MIX ASPHALT All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 5.0 /" ) 37.5 (1'/z) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0(3 4) 13.6 13.7 13.8 N/A 12.5 (%2) 14.6 14.7 14.8 9.5 (%) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. -50- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt top layer shall not contain any reclaimed or recycled asphalt pavement. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S) (100). To prevent stripping, a minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken at the location specified in Method B of CP-41. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. 3- REVISION OF SECTION 403 HOT MIX ASPHALT Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Patching) (Asphalt) Ton Hot Mix Asphalt (Grading S) (75) (PG 64-22) Ton Hot Mix Asphalt (Grading SX) (100) (PG 64-22) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. -51- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsection 412.03 shall include the following: Concrete (8 Inch) & Concrete Pavement (8.5 Inch): Concrete shall be Class "P" concrete. Concrete for Fast Track shall be Class "E" concrete. The unit price shall include the entire cost of the installation. Price will include saw cutting, furnishing and installing dowel bars and keyways; supplying, forming, placing, finishing, and edging the concrete surface; curing and sealing materials, joint materials and sealers. Concrete Pavement (8 Inch) (Special) (Color): Concrete crosswalks, exterior and interior truck aprons shall be Class "P" concrete. The concrete shall be integrally colored with the required lbs. of Davis Color per sack of cement, with color and location as indicated in the plans. The surface of the concrete crosswalks, exterior, and interior truck aprons shall be sealed and protected from drying with Davis W-1000 Clear Cure and Seal (or approved equal). The unit price shall include the entire cost of the installation. Price will include saw cutting, furnishing and installing dowel bars and keyways; supplying, forming, placing, finishing, stamping and edging the concrete surface; curring and sealing materials, joint materials and sealers; texturing equipment. Contractor shall provide up to three mock-up slabs of each colored concrete paving. Finished products that do not match the approved test slab shall be removed and replaced by the Contractor at no cost to the Owner. Subsection 412.03 shall include the following: Driveway approaches shall be class P concrete in accordance with Section 601 and shall be installed in accordance with details 706 and 707 as shown on the plans. Subsection 412.18 shall include the following: The Contractor shall cut the transverse and longitudinal joints to the width and depth required. The cut shall be made with a power drive saw equipped with diamond blades. The residue from sawing shall be removed from the pavement by the Contractor. The material shall be removed at the time of the sawing operation using equipment designed for that purpose. Any damage to the concrete pavement such as spalling or fracturing shall be repaired by the Contractor as directed by the Engineer at no cost to the project. The joints shall be immediately flushed with water to remove any sawing residue. Cleaning, repairing, and proper curing of any spills, fractures, breaks, or voids in the concrete surface of the joints shall be accomplished prior to installing the backer rod material or joint sealant. The backer rod shall be placed in such a manner that the grade for the proper depth of the seal material is maintained. -52- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Subsection 412.24(a) shall include the following: Pay Item Pay Unit Concrete Pavement (8 Inch) Square Yard Concrete Pavement (8 Inch) (Special) (Color) Square Yard Concrete Pavement (8.5 Inch) Square Yard Concrete Pavement (8.5 Inch) (Fast Track) Square Yard The price of all pay items shall be full compensation for furnishing and placing all materials including test slabs, and demolition of test slabs, excavation, concrete, color additives, stamp mold, forms, joint materials, reinforcement, tooling and finishing. -53- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT (WARRANTY) Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsection 412.16 shall include the following A two year warranty period will be apparent for all Portland Cement Concrete Pavement placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project's contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor's expense. The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year warranty period. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the Portland Cement Concrete Pavement, adjustment of the underlying material (if necessary), and the replacement with material meeting the project's contract specifications: Pavement slabs containing one or more cracks through the full depth of the slab that separate the slab into two or more parts Pavement slabs containing honeycombed areas Pavement slabs containing an extreme void as defined above Pavement slabs containing more than one void greater in depth than half the pavement thickness Pavement slabs containing a cumulative surface area of moderate and severe voids greater than one percent of the slab's total area Pavement slabs containing 20 or more severe voids Joints that are spalled over 50% their length Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5" after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract's intent and replaced, enabling proper drainage All pavement slabs to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removals shall be performed in accordance with the removal specifications for Portland Cement Concrete Pavement as are defined in the contract. The damaged pavement slab shall be cut in a straight, true line with a vertical face and shall be cut with a concrete saw. If the damage to the slab does not extend past the mid point of the slab, half the panel can be removed and replaced. If the damage extends past the mid point of the slab, the pavement shall be removed to the nearest joint. The removed concrete pavement shall become the property of the Contractor and disposed of outside the project site legally. All concrete pavement removed shall be replaced with concrete meeting the specifications for either Class P concrete, and shall match the thickness and finish of the existing pavement. For repairs on arterial and collector streets, concrete placed shall meet 3000 psi strength within 48 hours of placement. A -54- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 minimum compressive strength of 3000 psi or .80 Fc, whichever is greater, and a minimum flexural compressive strength of 450 psi are required prior to opening the roadway to traffic. Prior to removing and replacing the damaged slab, a concrete mix design shall be submitted and approved. -2- REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT (WARRANTY) The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, and curing for all concrete pavement not meeting the project's contract specifications. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval. The Contractor shall notify the City's project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. Cost of the two year warranty will be incidental to the placement of all concrete pavement. -55- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF CDOT SECTION 504 CRIBBING Section 504 of the Standard Specifications is hereby revised for this project as follows: Add the following to Subsection 504.01: This work consists of furnishing and installing Stone Landscape Wall in areas indicated on the plans. Add the following to Subsection 504.02: Stone Landscape Wall shall consist of varying types and sizes of stone boulders as described in the plans and details. Contractor to provide photos of typical boulder to the Engineer for preliminary approval. The Engineer and Contractor to visit the selected supplier prior to shipment to review and approve pre -selected boulders to be used to construct the retaining wall. Add the following to Subsection 504.03: Stone Landscape Wall. The Contractor shall install Retaining Wall (Boulder) as indicated in the plans and details. Contractor shall stake retaining wall alignment for review and approval by the Engineer prior to installation. Once the stone boulders are placed by the Contractor, the Engineer shall provide final approval of the alignment prior to backfilling. Add the following to Subsection 504.05: Pay Item Pay Unit Stone Landscape Wall SF Any labor and materials related to the installation of Stone Landscape Wall will not be measured and paid for separately but shall be included in the work. REVISION OF SECTION 605 BIORETENTION SAND MEDIA Section 605 of the Standard Specifications is hereby revised for this project as follows: Subsection 605.01 shall include the following: This work consists of installing bioretention sand media, including pea gravel, as permanent water quality treatment, in accordance with these specifications and in accordance with the lines and grades shown in the plans. Subsection 605.02 shall include the following: Materials for bioretention sand media shall meet the following requirements: -56- TABULATION OF ROADWAY ITEMS SHEET 1 OF 2 ALIGNMENT SIDE STATION TO STATION 608.00006 608-00010 809.20010 809.21010 609.21020 609-21021 609-40130 601-03000 602.00000 007-11530 CONCRETE SIDEWALK (B INCH) CONCRETE CURB RAMP (SECTION B) SECTION B) CURB & GUTTERTYPEI-B) (Section l•8) CURB 8 GUTTER TYPE (Seconn ll-B) CURB 8 GUTTER TYPE 2 (Sacdon ll-M) CURB (MEDIAN (SPECIAL) CONCRETE CLASS REINFORCING STEEL FENCE (SPECIAL) BY BY LF LF LF LF LF CY LB LF VINE LT 30+16.82 TO 32+40.69 227.7 VINE LT 30+16.89 TO 30+28.15 6.2 VINE I RT 30+15.92 TO 32+42.08 1 220.5 VINE RT 30+59.41 TO 31-09.64 26.0 30.1 VINE RT 30+64.15 TO 32+23.68 118.4 VINE RT 30+82.88 TO 32+25.71 124.9 VINE LT 30+88.06 TO 31+47.18 35.0 39.8 VINE MID 31+58.33 TO 32+34.76 160.1 VINE MID 31+70.68 TO 32+33.27 1'54.1 VINE LT 32+23.68 TO 32+44.16 222 13.7 VINE RT 32+25.71 TO 32+41 21.8 11.8 VINE LT 32+40.89 TO 33+00.75 76.2 VINE RT 32+42.06 TO 32+9229 80.1 VINE LT 32+43.26 TO 32+8D.32 34.9 VINE MID 32+44.89 TO 32+57.54 54.6 VINE RT 32+46.04 TO 32+57.73 10.1 VINE MID 32-48.38 TO 32+56.04 45.2 VINE LT 33+58.98 TO 34+97.66 1322 VINE LT 33+59.28 TO 33+88.03 25.1 VINE RT 33+82.82 TO 34+7528 141.0 VINE MID 33+81 TO 33+98.88 59.6 VINE LT 33+88.03 TO 34+18.35 18.6 VINE MID 33+68.09 TO 33+97AI 48.8 VINE RT 33+98.37 TO 34+48.84 75.6 VINE RT 34+05.01 TO 34+13.96 4.7 VINE MID 34+08.83 TO 34482.19 205.6 VINE LT 34+18.35 TO 34+49.73 27.5 VINE RT 34-M.64 TO 34+7828 25.7 VINE RT 34+76.28 TOI 35+57.44 82.2 VINE RT 34+78.28 TO 35+57.45 35.4 CENTRALISLAND 249.2 1 NSI DE TRUCK APRON 161.3 NE FENCE 8 MINOR RETAINING WALL 16.0 784,0 210.0 VINE DRIVE SUBSUMMARY 456.1 154.0 95.2 736.9 868.8 297.3 410.5 18.0 784.0 210.0 Sheet Revisions As Constructed VINE & SHIELDS Project No./Code 5neele4gn Data: Comments Init. e City of No Revisions: ROADWAY ITEMS I OF 2 STU M455-108 Vert. Scale: As Noted Fort Collins Unit Leader Initials 4 LHN Region Designer: BSH Slruclma 1420 Second Street ��f``. Revisetl: IB877 0 Greeley Co 80631 -Wile': pWs INUmDer. �^ r-) Phonvti'9]0-350-2126 void: Sheet Subsel: RDWY TAB Swn.t Vesls:2 If Sheet Number 22 8125 Intersedion Improvements at Vine 4 Shields rage [a or 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 A. Bioretention Sand Media (BSM) shall be uniformly mixed, uncompacted, free of stones, stumps, roots, or other similar objects larger than two inches. No other materials or substances shall be mixed or dumped within the bioretention area that may be harmful to plant growth or prove a hindrance to the facility's function and maintenance. B. BSM shall be free of plant or seed material of non-native, invasive species, or weeds. C. Fully mixed BSM shall be tested prior to installation and meet the following criteria: 1. P-Index of less than 30 2. pH of 5.5-6.5. Should pH fall outside of the acceptable range, it may be modified with lime (to raise) or iron sulfate plus sulfur (to lower). The lime or iron sulfate must be mixed uniformly into the BSM prior to use in the bioretention facility. 3. Cation Exchange Capacity (CEC) greater than 10 4. Phosphorous (Phosphate, P205) not to exceed 69 ppm 5. BSM that fails to meet the minimum requirements shall be replaced at the Contractor's expense. D. BSM shall be delivered fully mixed in a drum mixer. Onsite mixing of piles will not be allowed. Mixing of the BSM to a homogeneous consistency shall be done to the satisfaction of the Owner. E. BSM shall contain the following individual materials: 1. Sand - BSM shall consist of 60-70% sand by volume meeting ASTM C-33. 2. Shredded Paper - BSM shall consist of 5-10% shredded paper by volume. i. Shredded paper shall be loosely packed, approximate bulk density of 50-100 Ibs/CY. ii. Shredded paper shall consist of loose leaf paper, not shredded phone books, and shall be thoroughly and mechanically mixed to prevent clumping. 3. Topsoil - BSM shall consist of 5-10%topsoil by volume. i. Topsoil shall be classified as sandy loam, loamy sand, or loam per USDA textural triangle with less than 5% clay material. ii. Onsite, native material shall not be used as topsoil. iii. Textural analysis shall be performed on topsoil, preferably at its source, prior to including topsoil in the mix. Topsoil shall be free of subsoil, debris, weeds, foreign matter, and any other material deleterious to plant health. -2- REVISION OF SECTION 605 BIORETENTION SAND MEDIA iv. Topsoil shall have a pH range of 5.5 to 7.5 and moisture content between 25-55%. v. Contractor shall certify that topsoil meets these specifications. 4. Leaf Compost - BSM shall consist of 10-20% leaf compost by volume. -57- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 i. Leaf compost shall consist of Class I organic leaf compost consisting of aged leaf mulch resulting from biological degradation and transformation of plant -derived materials under controlled conditions designed to promote aerobic decomposition. ii. The material shall be well composted, free of viable weed seeds and contain material of a generally humus nature capable of sustaining growth of vegetation, with no materials toxic to plant growth. iii. Compost shall be provided by a local US Composting Council Seal of Testing Assurance (STA) member. A copy of the provider's most recent independent STA test report shall be submitted to and approved by the Owner prior to delivery of BSM to the project site. iv. Compost material shall also meet the following criteria: a. 100 percent of the material shal I pass through a 1 /2 inch screen b. PH of the material shall be between 6.0 and 8.4 c. Moisture content shall be between 35 and 50 percent d. Maturity greater than 80 percent (maturity indicator expressed as percentage of germination/vigor, 80+/80+) e. Maturity indicator expressed as Carbon to Nitrogen ration < 12 f. Maturity indicator expressed as AmmoniaN/NltrateN Ratio <4 g. Minimum organic matter shall be 40 percent dry weight basis h. Soluble salt content shall be no greater than 5500 parts per million or 0-5 mmhos/cm i. Phosphorus content shall be no greater than 325 parts per million j. Heavy metals (trace) shall not exceed 0.5 parts per million k. Chemical contaminants: meet or exceed US EPA Class A standard, 40 CFR 503.13, Tables I & 3 levels 1. Pathogens: meet or exceed US EPA Class A standard, 40 CFR 503.32(a) levels Pea gravel shall be clean and graded, washed river run gravel, ASTM C33, size no. 7. Pea gravel shall be free of plant material. Subsection 605.05 shall include the following: Pea gravel shall be placed to the thickness shown in the plans, without compaction. BSM shall be spread in even layers, not to exceed 9 inches in depth. BSM shall not be compacted. Subsection 605.07 shall include the following: Bioretention Sand Media will be measured by the square foot of material installed and accepted, including the pea gravel layer. -58- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -3- REVISION OF SECTION 605 BIORETENTION SAND MEDIA Subsection 605.08 shall include the following: Payment will be made under: Pay Item Pay Unit Surface Sand Filter SF Payment shall be full compensation for all work and materials required to complete the surface sand filter, including excavation and backfill, the bioretention sand media layer, and the pea gravel layer. Aggregate Base Course for the surface sand filter, as depicted in the plans, will be paid for under Pay Item 304. -59- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 607 FENCE (SPECIAL) Subsection 607.04 shall include the following: Fence will be measured by the linear foot. Measurement will be along the base of the fence from outside to outside of end structural tubes for each continuous run. Post foundations will be paid for separately. Subsection 607.05 shall include the following: The accepted quantity of the fence will be paid for at the contract unit price. Payment will be made under: Pay Item Pay Unit Fence (Special) Linear Foot Payment will be full compensation for all work necessary to complete the item including furnishing and installing all structural members, panels, anchorage assemblies, angles, and other miscellaneous hardware required. -60- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 608 SIDEWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.03 shall include the following: Finished products that do not match the approved test slab shall be removed and replaced by the Contractor at no cost to the Owner. Record date, location, and quantity of pour, as well as air temperature at time of pour. Subsection 608.03(b) shall include the following: For Surfaces Exposed to View: Form faces must be free from raised grain, tears, worn edges, patches, dents, or other defects which would impair texture of the concrete surfaces. Minimize number of seams in form material, and arrange seams in an orderly fashion. To minimize potential cracking, no section of concrete shall have any angle less than 90 degrees. After stripping of the forms, if any concrete is found to be not formed as shown on the drawings, is out of alignment of level, or shows a defective surface, it will be considered as not conforming with the intent of these standards and specifications, and shall be removed and replaced at the Contractor's expense, unless the Engineer gives permission to patch the defective area. Delete subsection 608.03(d) and replace with the following: Sidewalk: Concrete sidewalks shall be medium broom finished. All outside edges of the slab and all joints shall be edged with a 1/4-inch radius edging tool. Thoroughly wash the surface with water prior to acceptance. Surface Planeness for Concrete Paving. Unless otherwise specified, produce slabs with the following tolerance. Finishes shall be true planes within 1/4-inch in 10 feet, as determined by a 10 foot straight edge placed anywhere on the slab in any direction. Subsection 608.03(e) shall include the following: A. Expansion joints/construction joints/ for concrete paving: 1. Expansion joints to be spaced no greater than every 300 feet. 2. Extend joint filler the full depth of the slab. Hold back filler 1/2-inch from top of slab. 3. Joint sealant or caulk shall match color of concrete; caulking shall not extend above level of pavement. -61- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 608 SIDEWALKS B. Score Joints. 1. Construct sawcut and tooled score joints as detailed on the plans. 2. Score joints shall be '/< of paving depth. 3. Tooled joints to have a 1/4-inch radius and shall not incorporate a trowelled edge except where indicated on the drawings. Score joints into plastic concrete during finishing operations. Subsection 608.06 shall include the following: Pay Item Concrete Sidewalk (6 Inch) Pay Unit SY The price all pay items shall be full compensation for furnishing and placing all materials including excavation, concrete, forms, joint materials, reinforcement, tooling and finishing. -62- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 608 CONCRETE CURB RAMP Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the plans. Domes shall be prefabricated by the manufacturer as a pattern on cast steel pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: Vendor Name Product Phone Numbers CAST in TACT Warning 303-295-6050 TMA Construction Supply Panels 800-626-4653 East Jordan Iron Works, Inc. Truncated Dome Plates Neenah Foundry Detectable Warning Plate 800-558-5075 The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = B'— B X 100 Br -63- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Where B, = Light Reflectance Value (LRV) of the lighter area Bz = LRV of the darker area Absolute black and white will not be permitted. -2- REVISION OF SECTION 608 CONCRETE CURB RAMP The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. -64- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer. -3- REVISION OF SECTION 608 CONCRETE CURB RAMP Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. Subsection 608.06 shall include the following: Pay Item Concrete Curb Ramp Pay Unit Square Yard -65- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised for this project as follows: Subsection 609.02 shall include the following: All concrete mix designs utilized shall be submitted to the City representative and approved a minimum of one week prior to the beginning of construction. Concrete mixes will be subject to inspection and tests as required to assure compliance with quality requirements. Subsection 609.06 shall include the following: Pay Item Pay Unit Curb and Gutter Type 2 (Section I-B) LF Curb and Gutter Type 2 (Section II-B) LF Curb and Gutter Type 2 (Section II-M) LF Curb Type 4 (Section B) LF Curb Median (Special) LF The price of all pay items shall be full compensation for all excavation, concrete, forms, joint materials, reinforcement, tooling and finishing. SECTION 621 DETOUR PAVEMENT Section 621 is hereby added to the Standard Specifications for this project and shall include the following: DESCRIPTION This work shall consist of construction of detour pavement as shown on the plans. It is the intent of the City that this item include all work and materials necessary to provide a detour roadway meeting or exceeding the requirements as contained herein and as shown on the plans. MATERIALS The Contractor shall be responsible for quality control required to assure adequate quality of Hot Mix Asphalt used in the construction of the detour. CONSTRUCTION REQUIREMENTS -66- EXHIBIT 1 — REVISED BID SCHEDULE REM NO. ITEM DESCRIPTION UNIT QUANTITY UNITCOST COST 201-00000 CLEARING AND GRUBBING LS 1 $ - 202-00010 REMOVAL OF TREE EA 59 $ - 202-00031 REMOVAL OF FIRE HYDRANT EA 1 $ - 202-00032 REMOVAL OF VALVE EA 1 $ - 202-00035 REMOVAL OF PIPE LF 20 $ - 202-00200 REMOVAL OF SIDEWALK SY 449 $ - 202-00203 REMOVAL OF CURB AND GUTTER LF 680 $ - 202-00205 REMOVAL OF WHEEL STOP EA 9 $ - 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 37 $ - 202-00220 REMOVAL OF ASPHALT MAT BY 6627 $ - 202-00810 REMOVAL OF GROUND SIGN EA 8 $ - 202-00815 REMOVE SIGN (SPECIAL) EA 1 $ - 202-00828 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT LS 1 $ - 202-01000 REMOVAL OF FENCE LF 1093 $ - 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE N PLACE) CY 2355 $ - 203-00010 MUCK EXCAVATION CY 450 $ - 203-01597 POTHOLING HOUR j 50 $ - 206-00510 FILTER MATERIAL (CLASS A) CY 0.7 $ - 207-00210 STOCKPILE TOPSOIL CY 50 $ - 207-00405 TOPSOL(SPECIAL) CY 279.4 $ - 208-00018 GRAVEL BAG LF 198 $ - 208-00020 SILT FENCE LF 2186 $ - 208-00045 CONCRETE WASHOUT STRUCTURE EA 1 $ - 208-00050 STORM DRAIN INLET PROTECTION EA 2 $ - 208-00070 VEHICLE TRACKING PAD EA 1 $ - 208-00103 SEDIMENT REMOVAL AND DISPOSAL(LABOR) HOUR 20 $ - 208-00105 SEDIMENT REMOVAL AND DISPOSAL (EQUIPMENT) HOUR 20 $ - 208-00205 EROSION CONTROL SUPERVISOR HOUR 40 $ - 210-00010 RESET MAILBOX STRUCTURE EA 1 $ - 210-00035 RESET WATER METER EA 2 $ - 210-00810 RESET GROUND SIGN EA 7 $ - 210-04010 ADJUSTMANHOLE EA 4 $ - 210-04015 MODIFYMANHOLE EA 1 $ - 210-04050 ADJUSTVALVE BOX EA 2 $ - P2212-00006 SEEDING(NATIVE) AC 0.11 $ - 12-00032 SOL CONDITIONTIG AC 0.11 $ - Addendum 2 8125 Intersection Improvements at Vine & Shields Page 2 of 5 81251nterseotion Improvements at Vine 8 Shields Pape 24 o171 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Detour pavement construction shall include grading, embankment material, planing and other items of work necessary for the construction of detour pavement. The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm sewer necessary for the control of storm drainage. Detour pavement thickness shall be at least the thickness shown on the plans. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic. Earthwork shall be constructed in accordance with the requirements of Section 203. The Contractor shall maintain the detour for the entire period that it is open to traffic. Any distress that affects the ride, safety or serviceability of the detour roadway shall be corrected immediately at the Contractor's expense as directed by the Engineer. The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not exceed 4% break -over. Longitudinal joints which have a vertical drop-off of one inch or greater shall be tapered with Hot Mix Asphalt. Tapers shall be 8 horizontal to I vertical or flatter. METHOD OF MEASUREMENT Detour Pavement will be measured by the square yard of hot mix asphalt placed in the detour. -2- SECTION 621 DETOUR PAVEMENT BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appears in the bid schedule. Pay Item Pay Unit Detour Pavement Square Yard Embankment used in the detour that will become part of the ultimate roadway embankment will be measured and paid for in accordance with Section 203. Placement of other embankment required for the detour and removal of excess embankment when the detour is removed will not be paid for separately, but shall be included in the price of detour pavement. All work necessary and incidental to the construction, maintenance, and removal of the detour pavement, including grading, temporary drainage facilities, temporary embankment material, asphalt, and planing will not be measured and paid for separately but shall be included in the work. REVISION OF CDOT SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: -67- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Subsection 623.02 shall include the following: The contractor shall perform the excavation and backfill for the irrigation tap to the water line. The City of Fort Collins shall provide the physical tap of the water line. Subsection 623.04 shall include the following: Contractor shall install a Weathermatic SL4800 Control system as specified in the irrigation plans & details per City of Fort Collins standards. Coordinate with City of Fort Collins as required. Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. In subsection 623.07(a) delete the first paragraph and replace with the following: (a) Pop-up spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed of heavy duty plastic. Subsection 623.10 shall include the following: Plastic and Copper water lines listed below shall be paid for under section 619. Subsection 623.10 (a) shall include the following: Identify all pipe with the following indelible markings: (a) Manufacturer's Name. (b) Nominal pipe size. (c) Schedule of class. (d) Pressure rating (e) NSF (National Sanitation Foundation) seal of approval. (f) Date of extrusion. Delete subsection 623.10 (b) and replace with the following: (b) Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-13, Type 1, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, cell classification 12454-B. Subsection 623.10 (c) replace with the following: -68- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. -2- REVISION OF CDOT SECTION 623 IRRIGATION SYSTEM Delete Subsections 623.10 (d), and 623.10 (e). Subsection 623.10 shall include the following: (f) Copper pipe: Pressure supply line from point -of -connection through backflow preventer shall be Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. (g) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be allowed. (h) Irrigation Roadway and sidewalk sleeves. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type I, Grade 1. Delete Subsections 623.1 (c), 623.11 (d), and 623.11 (e). Delete Subsection 623.11 (f) and replace with the following: (f) Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe — Brass construction; solid wedge, IPS threads, and non -rising stem with square operating nut. Delete Subsection 623.13. Subsection 623.23 First Sentence shall read as follows: "After installation of...for leaks after a minimum 120 PSI static pressure... for four hours in a hydro static test." Subsection 623.23 shall include the following: The contractor shall conduct pressure tests in the presence of the Engineer or Engineer's representative. The Contractor shall give 72 hour notice prior to testing. The test is acceptable if no loss of pressure is evident during the test period. The Contractor shall retest system until test pressure can be maintained for the duration of the test. Subsection 623.26 shall include the following: -69- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the largest size possible to retain full legibility. -3- REVISION OF CDOT SECTION 623 IRRIGATION SYSTEM A readable print of the as -built plans shall be provided showing the area covered by the automatic controller. The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain over the entire area of coverage. In Subsection 623.30, second paragraph, delete item (4) and replace with the following: (4) Two of each Type of Valve box Subsection 623.30 shall include the following: One set of special tools required for removal, disassembling and adjusting each type of sprinkler head and valve installed. Two keys for each automatic controller enclosure. In Subsection 623.32, delete the second and third paragraphs. Under Subsection 623.33, add the following items: Pay Item Pay Unit Irrigation System LS REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: Subsection 625.01 is hereby revised to include the following: The City of Fort Collins will provide all construction survey staking for the project. The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours prior to needing any surveying. -70- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 If the requested survey cannot be accomplished in the time frame requested by the Contractor and it will affect the critical path on the construction schedule, the City will utilize a Contract Surveyor at the owner's expense. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. The Contractor shall specify the offsets required for each survey item. This information shall be provided at the pre -construction meeting. All survey staking destroyed by the Contractor, vandalism or by any other reason will be replaced at the Contractor's expense. The Contractor's designated representative will be required to authorize any requested restaking or additional services at the time the services are completed. Services designated as extra will be billed at an hourly rate per the prevailing rate schedule of the surveyor. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the owner. All existing survey monuments and property corner located outside of the project grading limits as defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor's expense. The Contractor shall have supervision, knowledge of the project requirements and proper installation, and construction procedures, available in the field at all times that work is progressing. All existing survey monuments and property corners located within the project grading limits which are intended to remain in place and intact as defined on the plans shall be protected by the Contractor. Where necessary monuments, property corners, and section corners will be adjusted or replaced by the City for this project. 1. Control Location of horizontal and vertical control points will be provided at approximately 1000-foot intervals. Monuments will be set outside the limits of construction. 2. Easements and Right of Way Temporary construction easements (TCE) and those portions of right of way between TCE's will be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and corner points. -71- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 625 CONSTRUCTION SURVEYING 3. Excavation and Embankment a. One set of slope stakes at 50-foot intervals (stations) on each side of the proposed road including intersections. Staking information to include cut/fill for "limit of cut" or "limit of fill" location decision point (ditch flowline or grade break) edge of pavement roadway centerline b. One set of shoulder and/or curb stakes at 50-foot stations on each side of the road including intersections. c. One set of slope or shoulder stakes for the grading of each driveway and field access. d. Ditch grades shall be defined by the slope staking described above. Storm Drainage Applies to underdrains 2. Utility Crossing One set of offset stakes for the utility conduit crossings. 3. Subgrade and Paving a. One set of blue top subgrade stakes at 50-foot stations on tangents, PCs and PT's after completion of the subgrade preparation. Stakes to be set at 25-foot stations for horizontal curves with radius less than 1,000 feet and at all vertical curves. Blue tops will be set on centerline and the edge of pavement on both sides of the roadway. These blue tops will remain in place to be used for the aggregate base course or paving operations. 4. Signs One set of stakes to locate each sign. 5. Delineators N/A 6. Stri in The City of Fort Collins will provide layout of all temporary pavement striping. The City of Fort Collins will provide layout for the permenant striping. 7. Mailboxes, Newsoaoer Boxes and Address Posts -72- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 No survey will be provided. The Contractor shall reset all mailboxes, newspaper boxes and address posts per agreement with the property owner and approval by the Engineer. 8. Property Corners and Section Corners Reset property corners located along the right of way and section corners within the project grading limits. REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shalt be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) Each sign shall be furnished with an attached license plate and mounting bracket. (5) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following: -73- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 630 The portable message sign panel shall be on the project site at least 5 working days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.15 shall include the following: Portable message sign panels will be measured one of the two following ways: (1) By the actual number of days each portable message sign is used on the project as approved by the Engineer. (2) By the maximum number of approved units in use on the project at any one time. PORTABLE MESSAGE SIGN PANEL Subsection 630.16 shall include the following: Pay Item Pay Unit Portable Message Sign Panel Day -74- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: Construction Zone Traffic Control items have been included for Traffic Control Inspection, Traffic Control Management, Concrete Barrier (Temporary), and Construction Traffic Signs. Secondary line items for flagging and portable message signs have been included in the project under the line items "Flagging" and "Portable Message Sign Panel". These line items are intended for flagging and portable message sign panels necessary for the construction zone traffic control for the project. The City will direct when additional flagging and portable message sign panels are to be used on the project. Subsection 630.10 shall include the following after the first paragraph: The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one -day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. If the Traffic Control Supervisor is replaced during the project, the Engineer shall be given a minimum of one (1) week notice and qualifications shall be submitted for approval of the Traffic Control Supervisor's replacement. Subsection 630.10(a) shall include the following: For this project, a MHT shall be prepared and submitted for approval to the City Traffic Division by 12:00 noon, two working days prior to the commencement of work for simple lane closures. (Note: MHT's for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the MHT has been approved. Failure to have an approved MHT shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.14 shall include the following: Additional flagging requested by others, including City Departments and utility representatives, must be approved by the Engineer prior to performing the work. Subsection 630.16 shall be revised as follows: The Contractor shall supply and pay all costs associated with the traffic control for this project. CONSTRUCTION ZONE TRAFFIC CONTROL -75- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 630 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Item Pay Unit Flagging Hour Traffic Control Inspection Day Traffic Control Management Day Concrete Barrier (Temporary) LF Traffic Control Lump Sum Individual traffic control devices, labor required to erect and maintain traffic control in accordance with approved MHT's, and Traffic Control Supervisor will not be measured and paid for separately, but shall be included in the cost for Construction Zone Traffic Control. The flaggers shall be provided with communication devices (no cell phones) when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism. Work Hours: Work hours are 7 AM to 6 PM, Monday through Friday. Extended hours and weekend work are anticipated and will be permitted with written approval from the Project Manager. Night time work shall be permitted with written approval from Project Manager. Work shall be permitted on holidays with written approval from the Project Manager. Work requests beyond working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. Night and weekend work will be allowed with 5 days prior notice to the Project Manager. All costs associated with nighttime work will be incidental to the work. Work Zone Phasing: The City has provided Phasing Plans, for informational purposes only, as a suggested way to construct the project. The Contractor will be required to submit Construction Phasing Plans to the City, for approval, prior to the start of construction. The Contractor will maintain through lanes and turn lanes, generally as they are depicted in the Phasing Plans. North Shields Street will be closed for a duration common to Larimer County Project No. 1153-094. The Contractor will be responsible to provide local access for residents and businesses and construction traffic between Vine Drive and the Poudre River. The City will concurrently allow a full closure of the east intersection leg during Phase One. The traffic signal system can be removed as soon as the Phase One traffic control is in place. All future phases must accommodate all traffic movements. See Section 105 Control of Work for more details. -76- MA�T�'C'HLL�IINE STA. 11+00.00 IImo\\\ HOT MIX E2AlCSYNG)(PSPHPLT) (DAVNS COLOR OMNiAAT34.9 5V) I 7 33 (3 9 5 CONCREcOAVIS ECOLOR R.5 INCH 6RED) ' i' CONCRETE PAVEMENT ON 6 INCH ABC CONCRETE PAVEMENT (8 INCH)) (DAVIS COLOR OMNiA TAN 50843-� 25J SY CONCRETE PAVEMENT (8.5 INCH) ON 6 INCH Ail jgl�A4S 6 IIMA CA(CLASSI 6) NG 5)E]5)EP, 8�-22) ON g A� NG 5.5 INCH HMCM A ECRAADDIN 8 (ASPHALT) PAVE MENAST-6) INCH) _PAVEOR ,IMEE TR(5EC}5 INCH) ORppCOCOA 5830) H) ) SY)LETE OR OMAHIA TM 5084) :DNCRETE PAVEMENT (8.5 INCH) :DAVIS COLOR TILE RED) :52.2 SY) CONCRETE PAVEMENT (8.5 IN( SON 6 INCH ABC (CLASS 6) C `1DAV 5YTS OLOR OMgAHA 7)ANN5084) I lDA IISSYOLORVCMAHA TANN5084) (((((CC(ONCRETE PAVEMENT (8 5 INCH) 1 ISA SISSYLLOR TILE RED} CpCp [ 1 (8992�NCH PR CM(COA558.5) INCH) �Y)) 8 1 1 ) jfyNP s I U 1 I 1 I II I � II 11 I lu nl 1 ! MATCHLINE STA.11+00.00 a 30, w Ism Print Date: 6/5/2015 Sheet Revisions I of • l Region 4 LHN Fort Collins 1420 Sacontl Street Crealey�C080631 Phone: 70-350-2126 As Constructed VINE &SHIELDS PAVEMENT DEFINITION Project No./Code 1 File Nome: 18877-Payment Defitlene Sheet D1.den Data: Comments Imt. No Reyismne: STU M455-108 Haria. Scale ion Vert Scale: As Noted Unit Inmrmocon Unit Leader Initials e 1%A1 O Revised: Designer: BSH Sumbers 18877 Oataller: DMZ umber q, &_CO_MPANY 1Ioiy ivi-xsii i:' O Void: Sheet Number 25 Sheet Subset: PAVEMENT Sweet Sheefs: I of 1 Ad1 mlfI 81251nte section Improvements at Vine 8 Shields Pepe 25 of 31 CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department'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 licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item * F/A Minor Contract Revisions F/A Fuel Cost Adjustment F/A Asphalt Cement Cost Adjustment F/A Erosion Control F/A Partnering F/A On -the -Job Trainee Estimated Ouantity Amount F.A. $ 60,000 F.A. $ 8,000 F.A. $ 15,000 F.A. $ 2,500 F.A. $ 2,500 F.A. $ 960 F/A Minor Contract Revisions — Payments are for contract adjustments authorized through contract modification orders. F/A Fuel Cost Adjustment — Adjustment to the contract to accommodate fluctuations in fuel prices in accordance with Revision of Section 109. F/A Asphalt Cement Cost Adjustment — This incentive is for Asphalt Cement Cost Adjustment that will be made in accordance with Revision of Section 109. F/A Erosion Control — This work shall include all necessary work and materials for erosion control items not identified in the plans and at the Engineer's direction. Payment will be made based on time and materials used to perform the work. Work must be performed in a workmanlike manner and properly scheduled to minimize cost and inconvenience to the City and the adjacent property owners. The Force Account shall also be used to pay for any additional BMPs or testing which may be required by future changes to the current storm water regulations by either EPA or CDPHE and could include future effluent limits. -77- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 -2- REVISION OF SECTION 630 F/A On -the -Job Trainee payment is made for cost of maintaining on-the-job training program in compliance with the provisions of On -The -Job Training in the Standard Special Provisions. -78- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 TRAFFIC CONTROL PLAN — GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10. The components of the Traffic Control Plan (TCP) for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (3) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices, 2009 Edition, or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. (4) Standard Plan S-630-1, Revised December 8, 2014, Traffic Controls for Highway Construction, Case No. 2, 18, 19, 20, 24 and Standard Plan S-630-2. (5) Traffic Control Notes and Tabulation of Traffic Control Devices of the plans (6) Construction Phasing Plans of the plans Special Traffic Control Plan requirements for this project are as follows: A. The Contractor will provide all construction traffic control for the project. The Contractor shall coordinate all construction phasing and construction traffic control requests with the City Traffic Dept. Submittals for major project phases shall be made at least three weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the Owner based on actual traffic operation. B. No work interfering with traffic flow shall be permitted during the hours of 7:00 AM to 6:00 PM unless authorized in writing by the Traffic Engineer. C. Road closures will follow the phasing plan provided in the construction documents and plans, unless approved otherwise by the City of Fort Collins. D. The Contractor shall maintain pedestrian and bicycle movements through the project site and the surrounding trails. The Traffic Control plan shall address the method of handling these movements. E. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. F. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. G. Keep fire hydrants and water control valves free from obstruction and available for use at all times. H. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. I. Provide and maintain continual temporary access for businesses and residences. -79- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 J. Roadway Usage Between Operations —At all times when work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between Contractor and Owner and all authorities having jurisdiction over any properties involved. K. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. -2- TRAFFIC CONTROL PLAN — GENERAL L. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the Contractor's activities. At the least 48 hours notice is required. M. The Contractor shall maintain 12' lanes throughout the project. N. The Contractor shall provide a flagger for equipment, trucks, or other pertinent construction equipment entering or leaving the construction area into traffic at all times. O. During the construction of this project, the Contract must maintain business and resident access at all times. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. Prior to starting construction, the Contractor shall notify the City of Fort Collins Traffic Engineer of the date the Contractor intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. UTILITIES Known utilities within the limits of this project are: UTILITY CONTACT PHONE E-MAIL CenturyLink Bill Johnson (970) 490-7501 (w) (970) 377-6436 (c) william.iohnson@centw-ylink.com City of Fort Collins — Fiber Optic Clint Reetz (970) 221-6326 (w) (970) 690-9848 (c) creetz(-,fc og v.com -80- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 City of Fort Collins — Light and Power Janet McTague Luke Unruh (970) 224-6154 (w) (970) 416-2724 (w) mctaeue(a,fcsov.com lunruhafc¢ov.com City of Fort Collins — Stormwater Glen Schlueter (970) 224-6065 (w) pschlueter@fcjzov.com City of Fort Collins — Water Utilities Andrew Gingerich (970) 221-6232 agineerichna,fcQov.com Comcast Don Kapperman (970) 567-0245 (w) don kappermanacable.comcast.com East Larimer County (ELCO) Water District Randy Siddens (970) 493-2044 (w) (970) 690-9848 (c) rand s a,elcowater.com Platte River Power Authority (PRPA) Mike Slavick (970) 229-5390 (w) slavickm(a),pMa.org Xcel Energy Stephanie Rich (970) 225-7828 (w) stephanie.rich@,ccelenergy.com The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.11 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. PART I - CONTRACTOR SHALL PERFORM THE WORK LISTED BELOW: Coordinate project construction with the performance by the utility owner of each utility work element listed in Part 2 below. Perform preparatory work specified in Part 2 for each utility work element, including asphalt pavement removal for the City Water and ELCO waterline relocations. Provide an accurate construction schedule that includes all utility work elements to the owner of each impacted utility. Provide each utility owner with periodic updates to the schedule. Conduct necessary utility coordination meetings, and provide other necessary accommodations as directed by the Engineer. Notify each utility owner in writing, with a copy to the Engineer, prior to the time each utility work element is to be performed by the utility owner. Provide the notice the number of days specified in Part 2 immediately prior to the time the utility work must be begun to meet the project schedule. Provide traffic control, as directed by the Engineer, for any utility work by the utility owner expected to be coordinated with construction. However, traffic control for utility work outside of typical project work hours shall be the responsibility of the utility owner. -81- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 Lill 01NJ10IV 641 Perform each utility work element for every utility owner listed here in Part 1. Notify each utility owner in advance of any work being done by the Contractor to its facility, so that the utility owner can coordinate its inspections for final acceptance of the work with the Engineer. Project Limits — All Utility Owners Prior to excavating, the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction. The Contractor shall modify construction plans to avoid existing underground facilities as needed, and as approved by the Engineer. Please note that UNCC marks only its members' facilities — Other facilities, such as ditches and drainage pipes may exist, and it is the Contractor's responsibility to investigate, locate and avoid such facilities. City of Fort Collins — Utilities Contractor to adjust or modify sanitary sewer manholes to proposed grade as shown on the plans. City of Fort Collins — Water Utilities Contractor to abandon water lines in Vine Drive as shown in the plans. Contractor to remove fire hydrant, water valve and pipe at Sta 33+00.17 on the right side of Vine Drive. Contractor to adjust water manholes and valve boxes as shown on the plans. Contractor to reset water meters as shown on the plans. Contractor to install fire hydrant and associated facilities per City Water Construction Detail 3 (attached) at Sta 9+07.27 on the right side of Shields Street and Sta 11+20.03 on the left side of Shields Street. Contractor to notify City Water Utilities 48 hours in advance of needing'/" irrigation tap on existing 16" City water line. Contractor to provide excavation, including trenching and shoring, and backfill for irrigation tap. PART 2 - UTILITY OWNERS SHALL PERFORM THE WORK LISTED BELOW: The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as directed by the Project Engineer. However, traffic control for utility work outside of typical project work hours shall be the responsibility of the utility owner. The utility owner shall prepare and submit to the City of Fort Collins a Method of Handling Traffic for utility work to be performed outside typical project work hours. The utility owner shall obtain approval of the Method of Handling traffic from the Project Engineer prior to beginning the utility work to be performed outside typical project work hours. -82- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 UTILITIES All utility relocations and/or utility lowerings within the right of way are required to be backfilled with flowable concrete (flowfill) from the top of the utility to the bottom of the paving section (bottom of aggregate base). Flowfill is incidental to the work and will not be paid for separately. City of Fort Collins — Light and Power City to design and install new underground electric conduit for relocation of City electric lines as shown on the plans. -3- City to relocate associated electric lines and electric vaults as shown on the plans. City to install new duct bank backbone from just south of the Arthur Ditch through the project footprint on Shields Street. City of Fort Collins — Water Utilities City to design and relocate 12" water lines in Vine Drive in the Phase One closures. City will install 3/4" wet tap for irrigation on the existing 16" water line. East Larimer County Water District ELCO to remove existing water line in Vine Drive in the Phase One closures. ELCO to design and relocate 14" water line in Vine Drive in the Phase One closures. ELCO to relocate water meter on at 1052 W. Vine Drive. CenturyLink Owner to relocate underground fiber optic as shown on the plans. Owner to relocate underground telephone and associated pedestals as shown on the plans. Owner to remove and/or relocate associated vaults and switch cabinets as shown on the plans. Comcast Owner to relocate underground TV cable and associated pedestals as shown on the plans. Platte River Power Authority Owner to relocate PRPA and Poudre School District underground fiber optic and associated vaults as shown on the plans. -83- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT — APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 UTILITIES Xcel Enerev Owner to relocate overhead electric lines underground as shown on the plans. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at phone no. 811, to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading. The location of utility facilities as shown on the plan and profile sheets, and herein described, was obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. -4- -84- CITY OF FORT COLLINS PROJECT NO. STU M455-108 RELEASED FOR ADVERTISEMENT - APRIL 17, 2015 CONSTRUCTION SUBACCOUNT 18877 UTILITIES MUELLER HYDRANT NUMBER A-423 OR WATROUS PACER 250 lialLOCATOR STATION (5EE DETAIL 25) 16 IN. to 0.1 FT.-0.2 FT. 22 IN. EDGE OF SIDEWALK OR BACK OF CURB T- 12 IN. I FLOW —FILL 12 54 INCHES MINIMUM 66 INCHES MAXIMUM IYORANT GRAIN OPENINGS MUST REMAIN CLEAR OF OBSTRUCTIONS Yo� RESTRAINED O p JOINTS 0 6 INCH DIA, PIPE VALVE BOX (REFERENCE SECTION 02641) T///���TRACER WARE / (PVC WATER / MAIN ONLY) 1 SWIVEL TEE / '41 �O c °O0 o°pry °0?I I RESILIENT SEAT GATE VALVE j ° 18 1N. / 0O43o° 8 MIL SHEET OF 00 0I o o°p HYDRANT GRAVEL POLYETHYLENE (REF. SECTION 02644) BLOCK I THRUST BLOCK f-- 24 INCH MIN. THRUST BLOCK (REF. SECTION 02644) NOTES NO LANDSCAPING (TREES, SCRUBS, BOULDERS, ETC.), RETAINING WALLS OR FENCES ALLOWED WITHIN 4 FEET OF FIRE HYDRANT. FIRE HYDRANT PIPING, VALVES, ETC. SHALL BE WRAPPED IN POLYETHYLENE. Cit O{ CCTY OF FORT GOLI0N5 ^� °} °?�0 ° 6//223j/10 Fort Collins OFMM OPERATIONS FIRE HYDRANT INSTALLATION DETAIL P.O. BOX On, FORT COLIlNs, ����� Co. eoozz (9ro) zzL-evao 3 I, '��� Kumar &Associates, Inc. 2390 South , CO Street Ged Environmental and l Scientists Engineers Denver, CO 80223 and Environmental Scientists phone: (303) 742-9700 1—�NMI x: - fa303 7429666 XNNtVERSARY ( ) \ 1989-2014� email kadenver@kumarusa.com www.kumarusa.com Office Locations: Denver (HO), Colorado Springs, Fort Collins, and Frisco, Colorado Prepared By: Wade Gilbert, P.E. GEOTECHNICAL ENGINEERING STUDY PROPOSED INTERSECTION IMPROVEMENTS VINE DRIVE AND SHIELDS STREET FORT COLLINS, COLORADO Reviewed By: `Z� Joshua L. Barker, P.E. Prepared For: Wilson & Company, Inc. 999 18`t' Street, Suite 2600 Denver, Colorado 80202 Attention: Mr. Steve Gomez, P.E. Project No. 13-1-338 February 14, 2014 I CONCRETE NOTES: CONCRETE PAVEMENT is INCH) CURB I (DAVIS COLOR OMAHA TAN $084) RAMP I. A FLOODPLAIN USE PERMIT MUST BE APPROVED BEFORE CONSTRUCTION EXIST. ROW CAN BEGIN IN THE 100 YEAR FLOODPLAIN. - - 2. A NO -RISE CERTIFICATION MUST BE APPROVED BEFORE CONSTRUCTION TOE OF FILL CAN BEGIN IN THE FLOODWAY. _ - N TEMP.CONST,ESMT. CURB AND GUTTER TYPE 2 --- (SECTION 11-M) 7 1' EXIST. R0W 1,) ! MATCH LINE SEE SHEET - 4 pO I � ,, .; CONCRETE CURB RAMP AN O } I I: I TEMP. CONST. ESMT DINT . ST0.t I 0.24,12'LT } N •—� to'{r 8'CONC. SIDEWALK (B INCH) 1'n )f TEMP. 0o 81C0NC.'9 END CURB AND GUTTER TYPE 2 (SECTION l]-0) CURB AND GUTTER TYPE 2 (SECTION 11-8) CONST. M AN p0 T SIDEWAL DRIVEWAY ESMT. 5'CONC. ST26.86'LT (6 INC) BEGIN CURB AND GUTTER TYPE 2 (SECTION II-M) .. ; I HMA (PATCHING)(ASPHALT) STA 30+50.15 SIDEW.,j5((,,I$ _-_ _ _ _ 7` CONC. PROPOSED ROW CURB �,�•PE 2 i FENCE (SPECIAL) 29.30 LT. (8 1NChO--n 1 SIDEWALK B'UTIL ESMT. (SECTION 8) I I 28' WIDTH _._ _,_ MINOR RETAINING WALL 28.5' LENGTH EX - 7ST. ROW -, . ••- i; ' r nt g GUTTER (SPECIAL) p 4 V d+, STA. 30+16.91A 26,74' LT•--- \ N ANGLE POINT m CURB TYPE � M I �' � 100 YEAR CITY CURB TYPE 7 ""(SEC TfON`14) \ H FLOODWAY (SECTION U) - �. J W CONCRETE ` n - - CURB -RAMP' VINE DRIVE STA 3D+16.91 - �`J/INE D w ANGLE POINT ,........1................... 2L62' _ )0+ N STA. 3O+16,91A 25.26' RT _ to _ Z n z CURB MID GUTTER TYPE 2 OC (SECTION 11-8) --- — — — v O _ r - ¢ CONCRETE TRUCK ANGLE POINT __ __ ____—_ ' � " ..� - T' APRON STA. 3O+ 8.61A 25.20' RT SEE BIKE I CURB - A '�' _ �- ACCESS DETAILS 1 (SECTIO . / \Y- '- I ...I•••••. 1 TOE OF 'L ;L t RI CURB AND GUTTER TYPE 2 1 (SECTION II-B) CURB TYPE 2 t / (SECTION B) ; , SIDEWALK (SECTION E)Z�.;t CONCRETE PAVEMENT (8 INCH) _ f T CONC. / (6 INCH) _ _ iA �J I (DAVIS COLOR OMAHA TAN 5084) SIDEWALK f I CONCRETE CURB RAMP9}00 100 YEAR 6'UTIL. FLOODPLAINITY MATCH LINE SEE SHEET 3 ESMT. STA. 32+41.87 N AN EXIST. ROW END CURB AND GUTTER TYPE 2 (SECTION 1I-8) BEGCURB AND CUTTER TYPE 2 (SECTION II-M) MATCH EXISTING WALK 12'UTIL. ESMT. ANGLE POINT CONCRETE PAVEMENT (B INCH) STA. 3D+92.67, 20.07'RT (DAVIS COLOR OMAHA TAN 5084) PROPOSED ROW CURB AND GUTTER TYPE 2 (SECTION I1-M) FENCE WOOD eo, (BY OTHERS) Print Date: 6/4/2015 Sheet Revisions As Constructed VINE & SHIELDS Project No./Code File Name: RDWY_FLNI SWET_01 DW,,: I Comments Init. � City of No Revlelon¢: ROADWAY PLAN SHEET STU M455-108 Hari.. Scale: 1:40 Vert. Mid. Ae Noted Fort Collins unit Information Unit Leader Ini(io�e Region 4 LHN Designer: BSH Structure C� /��, Revised: 18877 I I420 Second Sheet `� Datallar. DWS umbers q;�•l" Nn, ,.a� = Greeley CO 80631 &i- 1F?1N.1' 15071 »�-ae.a rm =I Phone: �70-350-2126 Vold: Sheet Subset, PLAN I Subset Sheets: t of 5 Shea[ Number 26 Addendum 8125 Intersection Improvements at Vme s 5111ems TABLE OF CONTENTS SUMMARY........................ ....... ......... ............................................................................................ 1 PURPOSEAND SCOPE OF WORK............................................................................................2 PROPOSEDCONSTRUCTION....................................................................................................2 SITECONDITIONS......................................................................................................................3 SUBSURFACECONDITIONS......................................................................................................3 LABORATORYTESTING.............................................................................................................4 GEOTECHNICAL CONSIDERATIONS........................................................................................5 EXCAVATION AND GRADING CONSIDERATIONS...................................................................5 PAVEMENTTHICKNESS DESIGN..............................................................................................6 PIPELINE RECOMMENDATIONS.............................................................................................11 WATERSOLUBLE SULFATES..................................................................................................13 ELECTRICAL RESISTIVITY AND BURIED METAL CORROSION............................................13 DESIGN AND CONSTRUCTION SUPPORT SERVICES..........................................................14 LIMITATIONS............................................................................................................................14 FIG. 1 - LOCATIONS OF EXPLORATORY BORINGS FIG. 2 - LOGS OF EXPLORATORY BORINGS AND LEGEND AND NOTES FIGS. 3 through 5 — SWELL -CONSOLIDATION TEST RESULTS FIG. 6 - GRADATION TEST RESULTS FIG. 7 — LABORATORY RESISTIVITY RESULTS FIG. 8 — MOISTURE -DENSITY RELATIONSHIPS TABLE I - SUMMARY OF LABORATORY TEST RESULTS AAPENDIX - DARWinTm AND RIGID PAVEMENT DESIGN CALCULATIONS SUMMARY The subsurface conditions encountered in the borings consisted of natural overburden soils overlain by composite pavement sections consisting of 4.5 to 5 inches of asphalt surfacing over about 2 inches of aggregate base course. The natural overburden soils generally consisted primarily of clayey sands and lean clays with variable sand content, and occasional deeper, poorly graded sands. Based on sampler penetration resistance, the sands were medium dense to dense with isolated loose and very dense zones, and the lean clays were stiff to hard. Groundwater was not encountered in the borings during drilling, and the borings were backfilled after completion of drilling. Based on relatively low in situ moisture contents of the soils encountered in the borings, stabilized groundwater is anticipated to be relatively deep at the site. However, seasonal groundwater perched above shallow clay zones may occur following precipitation or snow melt. 2. Based on the data from the field exploration and laboratory testing programs, we believe site subsurface conditions are conducive to support new pavements with limited subgrade preparation. The anticipated pavement subgrade soils exhibited generally low swell potential, and subgrade preparation consisting of scarification, moisture conditioning and compaction of the upper 12 inches of the existing site soils should be appropriate. 3. The following table presents the minimum pavement thickness recommendations for the project: Full Depth Composite HMA HMA/ABC PCCP Location inches inches inches Vine Drive West of Shields Street 10.5 7.5/11.0 7.5 Vine Drive East of Shields Street 10.5 7.5/11.0 7.5 Shields Street North of Vine Drive 11.5 7.5/16.0 8.5 Shields Street South of Vine Drive 10.5 7.5/11.0 8.0 Intersection of Vine Drive and Shields Street 12.5 7.5/20.0 9.5 HMA = Hot mix asphalt ABC = Aggregate base course PCCP = Portland cement concrete pavement 2 PURPOSE AND SCOPE OF WORK This report presents pavement thickness design recommendations for the improvements to the intersection of West Vine Drive and North Shields Street in Fort Collins,. Colorado. The project site is shown on Fig. 1. The study was conducted in general accordance with the scope of work outlined in our Subconsultant Agreement with Wilson & Company, Inc. A field exploration program consisting of exploratory borings was conducted to obtain information on subsurface conditions. Samples of the soils obtained during the field exploration program were tested in the laboratory to determine their classification and engineering characteristics. The results of the field exploration and laboratory testing programs were analyzed to develop geotechnical engineering recommendations for use in design and construction of the proposed intersection improvements. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to construction of the proposed intersection improvements are included in the report. PROPOSED CONSTRUCTION We understand that the intersection will be converted to a single -lane roundabout. Construction of the roundabout will include roadway improvements extending approximately 250 to 300 feet from the center of the intersection in the east, south and west directions, and approximately 600 feet to the north. Improvements include widening of the roadways, realignment of the approaches to the intersection and associated sidewalks, construction of bike paths, and possible relocation and/or upgrading of existing buried utilities. Grade changes are anticipated to be minor. Existing pavement will be replaced with new asphalt and/or concrete pavement sections. If the proposed construction varies significantly from that generally described above or depicted in this report, we should be notified to reevaluate the conclusions and recommendations provided herein. Kumar & Associates. Inc. 3 SITE CONDITIONS The project site is located in the northwest portion of Fort Collins and about a third of a mile south of the Cache La Poudre River. At the time of this study, the subject roadway segments consisted of two-lane, asphalt -paved arterials with asphalt- and gravel -surfaced shoulders. The roadways and surrounding areas are relatively flat, with site grades generally sloping gradually down toward the north-northwest with an overall grade change of less than 10 feet. There are generally minor grade differences beyond the roadway shoulders. Portions of the surrounding properties north of Vine Drive are apparently located within the 100-year flood zone of the Cache La Poudre River. SUBSURFACE CONDITIONS The subsurface conditions at the site were explored by drilling five (5) exploratory borings to depths of about 10 feet below ground surface. The approximate locations of the exploratory borings are shown on Fig. 1. Graphic logs of the borings are presented on Fig. 2, along with a legend and associated explanatory notes describing the soils encountered. The exploratory borings were advanced through the overburden soils using solid, 4-inch- diameter continuous -flight augers. Samples of the soils encountered in the borings were obtained with a 2-inch diameter California -type drive sampler driven into the various strata with blows from a 140-pound hammer falling 30 inches. This sampling procedure is similar to the standard penetration test (SPT) described by ASTM D 1586. Penetration resistance values, when properly evaluated, indicate the relative density or consistency of the soils encountered. Subsurface Soil and Bedrock Conditions: The subsurface conditions encountered in the borings consisted generally of natural overburden soils. Although not identified in the borings, minor fills consisting of locally derived soils may be present in places. Composite pavement sections consisting of asphalt over an aggregate base course layer were encountered at the boring locations. The asphalt surfacing ranged in thickness from about 4.5 to 5 inches at the boring locations, and the thickness of the aggregate base course layer was estimated to be about 2 inches at all of the boring locations. The natural overburden soils generally consisted primarily of clayey sands and lean clays with variable sand content, and occasional deeper, poorly graded sands. The sands were fine to coarse grained with occasional gravel, slightly moist to moist, and brown to red -brown. The lean clays consisted of lean clay with sand to sandy lean clay with isolated gravel and were moist and brown to red -brown. Based on sampler penetration resistance, the sands were Kumar 8 Associates. Inc. Is medium dense to dense with isolated loose and very dense zones, and the lean clays were stiff to hard. Groundwater Conditions: Groundwater was not encountered in the borings during drilling, and the borings were backfilled after completion of drilling. Based on relatively low in situ moisture contents of the soils encountered in the borings, stabilized groundwater is anticipated to be relatively deep at the site. However, seasonal groundwater perched above shallow clay zones may occur following precipitation or snow melt. LABORATORY TESTING Laboratory testing was performed on selected soil samples obtained from the borings to determine soil moisture content, dry density, gradation, Atterberg limits, swell -consolidation characteristics, concentration of water soluble sulfates, pH, electrical resistivity, moisture - density relationship (standard Proctor), and R-value (Hveem Stabilometer). The results of the laboratory tests are shown to the right of the logs on Fig. 2 and summarized in Table 1. The results of specific laboratory tests are graphically plotted on Figs. 3 through 8. The testing was conducted in general accordance with recognized test procedures, primarily those of the American Society for Testing of Materials (ASTM) and the American Association of State Highway and Transportation Officials (AASHTO). Swell -Consolidation Testinq: Swell -consolidation tests were conducted on samples of the natural clayey sand and lean clay soils in order to determine their compressibility and swell characteristics under loading and when submerged in water. Each sample was prepared and placed in a confining ring between porous discs, subjected to a surcharge pressure of 200 psf, and allowed to consolidate before being submerged. The sample height was monitored until deformation practically ceased under each load increment. Results of swell -consolidation tests are presented on Figs. 3 through 5 as plots of the curve of the final strain at each increment of pressure against the log of the pressure. Based on the results of the laboratory swell -consolidation testing and the criteria outlined in the Larimer County Urban Area Street Standards, the tested soils generally exhibited low swell potential (less than 1%) when wetted under the applied surcharge pressure. One sample of lean clay with sand exhibited medium swell potential (less than 2%). Index Properties: Samples were classified into categories of similar engineering properties in general accordance with the Unified Soil Classification System. This system is based on index properties, including liquid limit and plasticity index and grain size distribution. Values for Kumar & Associates, Inc. 92 moisture content, dry density, liquid limit and plasticity index, and the percent of soil passing the U.S. No. 4 and 200 sieves are presented in Table I and adjacent to the corresponding sample on the boring logs. A grain size distribution curve is presented on Fig. 6. GEOTECHNICAL CONSIDERATIONS Based on the data from the field exploration and laboratory testing programs, we believe site subsurface conditions are conducive to support new pavements with limited subgrade preparation. The anticipated pavement subgrade soils exhibited generally low swell potential, and subgrade preparation consisting of scarification, moisture conditioning and compaction of the upper 12 inches of the existing site soils should be appropriate EXCAVATION AND GRADING CONSIDERATIONS Temporary Excavations: We assume that the site excavations will be constructed by generally over -excavating the side slopes to a stable configuration where enough space is available. All excavations greater than 4 feet in depth should be constructed in accordance with OSHA requirements, as well as state, local and other applicable requirements. The natural granular overburden soils classify as OSHA Type C soils, and the natural lean clays classify as OSHA Type B soils. Groundwater was not encountered in the borings at the time of exploration. However, it is possible that some seasonal perched groundwater conditions may be encountered, particularly where lean clay lenses and layers are present. If encountered, we believe that dewatering can generally be effectively handled using trenches and sumps within the excavations. Surface water runoff into the excavations can act to erode and potentially destabilize the trench slopes and result in soft ground conditions along the trench bottom, and should not be allowed. Diversion berms and other measures should be used to prevent surface water runoff into the trenches from occurring. If significant runoff into the excavations does occur, further excavation to remove and replace the soft subgrade materials or stabilize the slopes may be required. Permanent Cut and Fill Slopes: Based on our experience with soils similar to those encountered on the site, we recommend that permanent fill slopes and cuts in existing overburden soils be constructed no steeper than 2H:1V based on stability requirements and 3H:1 V for reducing erosion susceptibility. No formal stability analyses were performed to evaluate the slopes recommended above. Published literature and our experience with similar cuts and fills indicate the recommended slopes should have adequate factors of safety. If a Kumar & Associates, Inc. r� L detailed stability analysis is required, we should be notified. The risk of slope instability will be significantly increased if seepage is encountered in cuts, and a stability investigation should be conducted to determine if the seepage will adversely affect the cut. Slopes of 2H:1 V constructed of or excavated in on -site natural soils are expected to be moderately to highly susceptible to surface erosion under moderate sheet flows and highly susceptible to erosion under concentrated flows. Susceptibility to erosion can be limited by constructing the slopes at flatter inclinations, as recommended above, by establishing an appropriate vegetative cover or providing appropriate erosion protection, and by diverting runoff away from the slopes. To provide a uniform base for fill placement, the ground surface underlying all fills should be carefully prepared by removing all organic matter. scarifying to a depth of 12 inches, and re - compacting to 95% of the standard Proctor (ASTM D 698) maximum dry density at moisture contents within 2 percentage points of optimum. Fills should be benched into cuts or natural slopes exceeding 4H:1 V. Vertical bench heights should be between 2 and 4 feet. As previously discussed, the roadway alignments and surrounding areas are relatively flat, PAVEMENT THICKNESS DESIGN A pavement section is a layered system designed to distribute concentrated traffic loads to the subgrade. Performance of the pavement structure is directly related to the physical properties of the subgrade soils and traffic loadings. Soils are represented for pavement design purposes by means of a soil support value for flexible pavements and a modulus of subgrade reaction for rigid pavements. Both values are empirically related to strength. Pavement design procedures are based on strength properties of the subgrade and pavement materials assuming stable. uniform conditions. Certain soils, such as those encountered on this site, are potentially expansive and can require additional precautions to provide for adequate pavement performance. Expansive soils are problematic only if a source of water is present. While the site subgrade soils are expected to have nil to low swell potential, differential movement could result if those soils are wetted. Pavement design procedures address expansive soils only by assuming they will not become wetted, and proper surface drainage is essential for adequate performance of pavement on these soils. Kumar & Associates, Inc. The pavement thickness design provided herein is based on AASHTO design methodology and is the standard practice used across the Front Range and required methodology per the Larimer County Urban Area Street Standards. Subgrade Materials: Samples of the on -site materials classified as A-6 soils with group indices between 1 and 14. in accordance with the American Association of State Highway and Transportation Officials (AASHTO) soil classification system. An R-value less than 5 was determined for on -site clayey sand soils. Based on our experience and CDOT design procedures, a minimum R-value of 5 was used for the site subgrade soils. An R-value of less than 5 correlates to a subgrade resilient modulus (MR) of 3,025 psi in accordance with CDOT procedures. A corrected modulus of subgrade reaction of 34 pci was used for design of the rigid pavement sections. Design Traffic: The design traffic for the intersection improvements was based on information provided by Wilson & Company supplemented by traffic data from the City of Fort Collins' website. The data included current average daily traffic (ADT) volumes for the roadway segments and the intersection, distribution of vehicle types based on traffic count data, and anticipated traffic growth rates. ADT volumes were calculated for 20-year design periods based on a starting year of 2015 and an average annual traffic growth rate of 1.5 percent. The ADT volumes for Year 2015 were linearly interpolated from ADT volumes for Year 2013. CDOT methodology was used to determine the number of 18-kip equivalent single axle loads (ESALs) for pavement thickness design. The following vehicle traffic distribution percentages were used for calculating the ESALs for all of the subject street segments. Percent ADT Vine Drive Shields Shields Intersection of Vine Drive East of Street North Street Vine Drive West of Shields of Vine South of and Shields Vehicle Category Shields Street Street Drive Vine Drive Street Cars and Light Trucks 93.4 88.9 84.6 94.2 90.1 Single -Unit Trucks 5.3 9.6 13.1 4.4 8.2 Combo -Unit Trucks 0.7 0.8 1.5 1.1 1.1 Transit Busses 0.6 0.7 0.8 0.3 0.6 The CDOT method applies different load equivalency factors to specific vehicle categories. The following vehicle load equivalency factors were used for calculating the ESALs for all of the subject street segments. The load equivalency factors for the car and truck categories are per Kumar & Associates. Inc. f3 CDOT. CDOT includes busses in the single -unit truck category. However, axle loads for transit busses can be significantly higher than most single -unit trucks. Accordingly, we have used a larger equivalency factor based on criteria from the standards established by the Metropolitan Government Pavement Engineers Council (MGPEC). If different vehicle distributions or load equivalency factors are required, we should be contacted to reevaluate our recommendations. Vehicle Category Vehicle Load E ivalency Factors Hot Mix Asphalt Pavement HMA Portland Cement Concrete Pavement PCCP Cars and Light Trucks 0.003 0.003 Single -Unit Trucks 0.249 0.285 Combo -Unit Trucks 1.087 1.692 Transit Busses 3.848 3.848 The following table summarizes the calculated ADT volumes and design ESALs for each street segment based on the available traffic data. The ESALs for Vine Drive and Shields Street are based on a lane distribution factor of 0.6 for two-lane roadways per CDOT methodology for determining the design lane traffic. For the single -lane roundabout, a lane distribution factor of 1.0 was used. Street Segment Design 20-Year Mid- Point ADT 20-Year Flexible ESAL 20-Year Rigid ESAL Vine Drive West of Shields Street 3,640 744,521 842,465 Vine Drive East of Shields Street 1,768 481,770 546,024 Shields Street North of Vine Drive 5,100 1,837,236 2,145,304 Shields Street South of Vine Drive 4,638 756,782 924,764 Intersection of Vine Drive and Shields Street 7,740 3,286,498 3,829,313 The Larimer County Urban Area Street Standards require designing the thickness of arterial pavements based on a minimum 20-year design ESAL of 750,000. Accordingly, the flexible pavement sections for Vine Drive both east and west of Shields Street are based on a 20-year design ESAL of 750,000, instead of the values listed in the above table. To calculate the 20- year ESAL values for Vine Drive, the ADT values for those street segments were adjusted, resulting in 20-year rigid design ESALs of 850,106 for Vine Drive east of Shields Street and 848,804 for Vine Drive west of Shields Street. If ADT volumes, lane distribution factors, and Kumar 8 Associates, Inc. G the 20-year design ESALs are known to be different from those listed above, we should be provided with this information in order to reevaluate the pavement sections provided below. Pavement Sections: Pavement sections were determined by using the 1993 AASHTO pavement design procedure for flexible pavements and the 1998 AASHTO Supplemental Guide for rigid pavements. Although full -depth asphalt pavement sections are not typically allowed per the Larimer County Urban Area Street Standards, we understand that full -depth sections may be considered under certain circumstances and have included them for the subject street segments. We have also included full -depth and composite flexible pavement sections for the intersection. although we understand that a Portland cement concrete pavement section will likely be used for the intersection. The DARWinTM Pavement Design and Analysis System computer program was used in the analysis of the flexible pavement sections, and the LTPP RIGID pavement program was used in the analysis of the rigid pavement sections. The printouts of the results of the DARWinTm and RIGID programs are presented in Appendix A and summarized below: Full Depth Composite HMA HMA/ABC PCCP Location inches (inches) (inches) Vine Drive West of Shields Street 10.5 7.5/11.0 7.5 Vine Drive East of Shields Street 10.5 7.5/11.0 7.5 Shields Street North of Vine Drive 11.5 7.5/16.0 8.5 Shields Street South of Vine Drive 10.5 7.5/11.0 8.0 Intersection of Vine Drive 12.5 7.5/20 0 9.5 and Shields Street hiwH = hot mix aspnait ABC = Aggregate base course PCCP = Portland cement concrete pavement We have determined the composite pavement sections based on the minimum HMA thickness of 7.5 inches as required by the Larimer County Urban Area Street Standards. If a thicker HMA layer is desired, the ABC can be reduced using a ratio of 4:1 (4 inches ABCA inch HMA). In determining the thickness of the pavement section components, a structural coefficient of 0.44 was assumed for asphalt materials as prescribed for SuperPave paving materials, and a structural coefficient of 0.11 was used for the ABC, based on gradation criteria for CDOT Class 6 aggregate base course. Kumar & Associates. Inc. N CURB AND GUTTER TYPE 2 (SECTION II-8) CURB AND GUTTER TYPE 2 8'CONC. (SECTION 1-8) s10EwA(6 INCH) MATCH LINE SEE SHEET 4 TOE OF FILL }QQ I PLAT UTIO ESMT. PER _EXIST. ROW I Ex[ST. R W {�PLAt OF SNYDER I', ,'�CONCRE�I� CURB R�I`{°R' MINOR SUED. ANGLE POINT CONCRETE PAVEMENT TEMP• )f N PROP ED IROW `� 1 I CONCRETE PAVEMENT STA. 34+97.52, 14.2W LT (8 INCH)(COLORED) CONST.� .r llllll _` (8 INCH)(DAVIS COLOR ESMT. / ; ) TEMP.I I �`'-� ' OMAHA TAN 5084) ANGLE POINT PROPOSED ROW / 1 COMT." } /� _� \``�.l STA¢35456.46, 17.82'LT / 11/ ESMT. M i i DRIVEWAY 8'CONIC. = 1' STA 34+74.27 ¢ SIDEWALK I N 1 FENCE (SPECIAL) O i w LT. 18.07 (6 INCH) RETAINING WALL 48'WIDTH + tic I. HMA (PATCHING)(ASPHALT) ILL LENC� on to 8' CONC. SIDEWALK (6 INCH) W M ". CONCRETE /i s i N _ _ _ j n ` CURB RAMP Z iQ - , VINE DRIVE � ( STA 35+56.92 ;VINE- OR - ry ...nn.. ..............b v. _i r - %IST. ROW 1 1 %1ST ROW - .� t...__ l00 YEAR FLOOD PLAIN "' 1�- - -- 'I MATCH EXI TINE WALK I• 41CDNCII SIDEWALK (INCH) II TOE OF FILL / ANGLE POINT CURB AND GUT ER TYPE 2 a as an e.• FENCE WOOD T ,-GSEC"TION ]I- `�- i '( ST0.144+8�33, 19.76' RT - 1 (BY OTHERS) r 6 SEE BIKE ACCESS DETAILS 6'PROPDSEO :: I TEMP. CONST. ESMT. UTILITY EASEMENT MATCH LINE SEE SHEET 3 ANGLE POINT 1 SEE LANDSCAPE DETAILS STA 34+46.42, 17.01' RT CONCRETE PAVEMENT (8 INCH) PROPOSED ROW (DAVIS COLOR OMAHA TAN 5084) CURB AND GUTTER TYPE 2 (SECTION II-M) 8'CONC. SIDEWALK (6 INCH) 8'CONC. SIDEWALK (6 INCH) CONCRETE CURB RAMP CONCRETE TRUCK APRON CONCRETE PAVEMENT (8 INCH) STA, 34+05.49 (DAVIS COLOR OMAHA TAN 5084) END CURB AND GUTTER TYPE 2 (SECTION II-M) BEGIN CURB AND GUTTER TYPE 2 (SECTION II-B) EXIST, ROW CURB AND CUTTER TYPE 2 PROPOSED ROW (SECTION 1-9) TOE OF FILL Print Date:6/4/2015 Sheet Revisions As Constructed VINE & SHIELDS Project No./Code File Name: ROWY-PLM SHM-92 Comments lnit" City of No Revisions: ROADWAY PLAN SHEET STU Mass -TDB Horiz. Scale: 1:40 Vert. Scale: As Not-1 Q CAr1 �OI I •nC Unit Information Unit Leader Inmo, RBV107nLIHIN Fort lu s Daeipner: BSH Structure C] Revlead: 18877 1420 Second Street Number. —. 00 °�°'°° r C� Creel< CO 80631 Detaller: OWS SCUNYfi1JY i°U.e..: No ,'"°, Y' void: Sheet Number 27 Phone: 970-350-2126 Sheat Subset: PLAN Subset Sheets: 2 0( 5Addend.. 1 8125 Intersection Improvements BI Vine 6 Shields .ape er ...a. 10 The rigid pavement section was calculated assuming that the pavement would be constructed having the panels doweled at transverse joints and tied shoulders. If other construction conditions are desired, we should be contacted to reevaluate our recommendations. Pavement Material Type Recommendations: Both HMA pavement and PCCP should meet the latest requirements of the CDOT Standard Specifications for Road and Bridge Construction. PCCP should meet Class P specifications and requirements. We recommend that HMA pavement placed for the project is designed in accordance with the SuperPave gyratory mix design method. The mix should meet Grading S requirements. A SuperPave gyratory design revolution (NprsiGN) of 75 should be specified in the project documents for the street segments outside of the roundabout, and a NoEsiGN of 100 should be specified for the roundabout. A PG 64-22 asphalt cement should be used for the HMA mix. ABC used beneath HMA pavements, and beneath PCCP if specified for levelling or as a working surface, should meet the requirements for Class 6 aggregate base course in accordance with CDOT specifications. The ABC should be compacted to a minimum of 95 percent of the modified Proctor (AASHTO T 180) maximum dry density at moisture contents within 2 percentage points of optimum. Pavement Subgrade Preparation: Prior to placing the pavement section, subgrade soil consisting of natural soil should be thoroughly scarified and well mixed to a depth of at least 12 inches, adjusted to moisture content within -1 to plus 3 percentage points of optimum and compacted to 95% of the standard Proctor (ASTM D 698) maximum dry density. If the subgrade soils consist of existing fills, the top 12 inches of the existing fill should be removed and the underlying soils prepared as recommended above prior to re -compacting the removed material or placement of imported structural fill. Proofrolling should be performed after the specified compaction is obtained. Proofrolling should be performed with heavy rubber -tired equipment with a tire pressure of at least 100 psi and capable of applying a minimum load of 18-kips per axle. Pavement design procedures assume a stable subgrade. Areas that deform excessively under heavy wheel loads are not stable and should be removed and replaced to achieve a stable subgrade prior to paving. Pavement Drainage: The collection and diversion of surface drainage away from paved areas is extremely important to the satisfactory performance of the pavement. Drainage design Kumar 8 Associates. Inc. 11 should provide for the removal of water from paved areas and prevention of wetting of the subgrade soils. PIPELINE RECOMMENDATIONS Pipe Backfill: Bedding material supporting the pipe bottom should consist of an uncompacted layer of imported material meeting the City's specifications for pipe bedding. We recommend a minimum uncompacted bedding thickness of 6 inches be considered, although the bedding layer should be of adequate thickness to fully support the pipes when seated on top of the bedding and may be thicker depending on the pipe diameter. The pipe -zone material placed above the bedding and surrounding the pipe should consist of imported granular material meeting the City's specifications, and should be compacted in accordance with the City's specifications or, alternatively, to at least 75% relative density (ASTM D 4253 and ASTM D 4254) along segments of the alignment within City streets and to at least 70% relative density elsewhere along the alignment to provide the required support around the pipe. The pipe -zone material should also be placed and compacted in accordance with the requirements of the pipe manufacturer. Since the pipe alignments are expected to be within paved roadways, we have recommended the higher relative density criteria to help mitigate potential backfill settlement. Special care should be taken to provide adequate compaction below the haunches of the pipe using a concrete vibrator, vibratory plates or other light compaction equipment as needed. In confined areas of the pipeline where compaction is difficult. placement of a cementitious flow fill around the pipe should be considered. Backfill placed above the pipe -zone materials to the pavement subgrade, or the ground surface outside of roadways, should consist of suitable on -site soil obtained from the pipeline excavation. Suitable soils should have a maximum size of 3 inches, a plasticity index of less than 25, and a liquid limit of less than 50, and should be generally free of claystone fragments, organics, wood, or other deleterious material that could decay over time. The backfill should be compacted to at least 95% of the standard Proctor (AASHTO T99) maximum dry density at moisture contents within 2 percentage points of optimum for granular soils and within -1 to +3 percentage points of optimum for clay soils. Variable moisture contents were indicated for the soils encountered in the exploratory borings. The contractor should anticipate that processing to add water, or allow time for material to dry out, will likely be required. Kumar & Associates, Inc. 12 The pipe should be buried an adequate depth below the surface to limit pipe deflections caused by traffic loading. The minimum burial depth required for the pipe will depend on the material and physical properties of the pipe, the soil/structure interaction between the pipe and the backfill material, and traffic loading conditions. We recommend that the pipe burial depth be at least 3 feet and satisfy manufacturer requirements for maximum allowable deflection and minimum burial depth. Pipeline Design Parameters: We recommend that a modulus of soil reaction, E', of 1,600 psi be used for the design of pipe -zone material placed on the sides of the pipe, provided the pipe - zone material is compacted following the requirements presented above. For evaluating the load on the pipe due to the backfill above the pipe, we recommend using a compacted unit weight of 125 pcf and a Rankine's ratio of 0.33 for compacted trench -zone backfill consisting of existing on -site soils. We recommend using a coefficient of friction of 0.30 between backfill consisting on excavated on -site soils and the soils exposed on the trench walls. Thrust Forces: Above a depth of 12 feet, thrust blocks used for water lines to resist thrust forces at horizontal bends in the pipe should be designed using an allowable bearing pressure based on an equivalent fluid density of 250 pcf. The allowable bearing pressure should be calculated by multiplying the equivalent fluid density value by the depth in feet below ground surface corresponding to the mid -point height of the face of the thrust block. For thrust blocks with a mid -point depth of 12 feet or more, a maximum allowable bearing pressure of 3,000 psf should be used. For PVC pipe and poly -wrapped ductile iron pipe, if used, resistance to thrust forces resulting from frictional resistance developed between the pipe and the pipe -zone backfill should be evaluated using a coefficient of friction of 0.40. The coefficient of friction recommended above assumes mobilization of the ultimate soil strength, a suitable factor of safety should be used for design. Construction Monitoring and Instrumentation: Pipeline sections may be located adjacent to existing sidewalks, structures and private landscape areas. To mitigate against potential damage to adjacent structures, and provide information for evaluating potential claims of damage, we recommend that a pre -construction survey of existing sidewalks, buildings and other structures located adjacent to the proposed excavations be performed prior to beginning the trench excavations. The condition of existing structures, including existing cracks or other distress features should be documented in writing and with videos and/or photographs as Kumar & Associates, Inc. 13 appropriate. Representatives of the general Contractor, the City of Fort Collins, and the geotechnical engineer should perform the survey, in addition to private owners of the structures where appropriate. In areas where the trenches are in close proximity to existing sensitive structures, instrumentation monitoring of the structure should be considered. If possible, requirements and locations for instrumentation including survey points, crack monitors, or other instrumentation should be established during the pre -construction survey. WATER SOLUBLE SULFATES The concentration of water-soluble sulfates measured in samples obtained from the exploratory borings was 0.0%. This concentration of water-soluble sulfates represents a Class 0 to Class 3 level of severity for exposure in accordance with the guidelines presented by the American Concrete Institute (ACI). The guidelines have severity levels for potential exposure of Class 0 through Class 3 as indicated by ACI 201.2R. Based on the laboratory test results, special sulfate resistant cement generally would not be required for concrete exposed to the on -site soils. ELECTRICAL RESISTIVITY AND BURIED METAL CORROSION The potential for corrosion of buried metals or metal pipes placed beneath the ground surface at the site was evaluated based on the results of laboratory tests on a composited sample from the exploratory borings. The sample was tested to determine pH and electrical resistivity. The results of pH testing indicated the tested material was slightly basic, and should have a negligible effect on corrosion. The results of the electrical resistivity testing are plotted on Fig. 7 and indicate a minimum resistivity of 390 ohm -centimeters at a moisture content of about 33 percent and a resistivity of 1,080 ohm -cm at the in -situ moisture content of the sample. Based on the resistivity test results, the natural on -site clayey soils would generally be classified as very corrosive at in situ moisture contents less than about 15 percent, moderately corrosive at in situ moisture contents between about 10 and 15 percent, and mildly to slightly corrosive at moisture contents of less than about 10 percent. The corrosion classification is based on a range of slightly, mildly, moderately, to very corrosive as presented by the U.S. Bureau of Reclamation. Kumar & Associates, Inc. 14 Based on laboratory test results, the in situ moisture contents of the natural on -site soils were generally greater than 10 percent and frequently above 15 percent. The natural soils are expected to exhibit poor drainage characteristics. Corrosion of buried metal is a complex process and requires an understanding of the combined effects of pH, ion content, electrical resistivity, soil moisture, and other conditions not evaluated as part of this study. We recommend a qualified corrosion engineer review the information presented herein to determine the need for an appropriate level of corrosion protection for buried metals at the site. DESIGN AND CONSTRUCTION SUPPORT SERVICES Kumar & Associates, Inc. should be retained to review the project plans and specifications for conformance with the recommendations provided in our report. We are also available to assist the design team in preparing specifications for geotechnical aspects of the project, and performing additional studies if necessary to accommodate possible changes in the proposed construction. We recommend that Kumar & Associates, Inc. be retained to provide construction observation and testing services to document that the intent of this report and the requirements of the plans and specifications are being followed during construction. This will allow us to identify possible variations in subsurface conditions from those encountered during this study and to allow us to re-evaluate our recommendations, if needed. We will not be responsible for implementation of the recommendations presented in this report by others, if we are not retained to provide construction observation and testing services. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering practices in this area for exclusive use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings at the locations indicated on Fig. 1, and the proposed type of construction. This report may not reflect subsurface variations that occur between the exploratory borings, and the nature and extent of variations across the site may not become evident until site grading and excavations are performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, Kumar & Associates, Inc. should be advised at once so that a re-evaluation of the recommendations presented in this report can be made. Kumar & Kumar & Associates, Inc. 15 Associates, Inc. is not responsible for liability associated with interpretation of subsurface data by others. JWG/jw cc: book. file Kumar & Associates, Inc. No Text BORING i BORING 2 BORING 3 BORING 4 BORING 5 43/12 22/12 WC=10.3 WC=15.5 0 (5) DD=120.1 (5) (5) (4.5) 22/12 (5) DO=109.9 0 (2)::. -200=43 (2)'..1 3t /12 (2) WC=12.0 (2J (2) -200=52 22/12 LL=23 PI=12 WC=166 iDD=I Ii9 DD=122.4 WSS=O ALL=30 iP1=12 WC=17.6 WSS=O i iA-6 (3) w 9/12 A-5 (1) 431/12 14/12 120/12 W - WC=1 WC7.5 'D0=108.0 19/12 jWC=15. 5 WC=13.4 �WC-16.3 I 5 -200=40 WC-16.9 DO=712.5 I_200=68 DD=115J -200=55 ADD=110.7 5 I -200=80 u LL=35 DD=112.5 iLL=32 LL=28 iLL=35 u o PI=27 'PI=16 PI=14 ;PI=19 WSS=O :A-6 (8) -. A-6 (4) :A-6 (ib) A-6 (5) I 50/6 12/12 , 50/6 25/12 33/12 10 WC=12.7 WC=8.2 10 DD=123.4 DO=130.3 +4=1 -200=68 LL=34 PI=23 WSS=O pH=7.57 RES=390 LEGEND (5) 1 ASPHALT, THICKNESS IN INCHES SHOWN IN PARENTHESES TO LEFT OF THE LOG. (2) BASE COURSE. THICKNESS IN INCHES SHOWN IN PARENTHESES TO LEFT OF THE LOG. a LEAN CLAY WITH SAND TO SANDY LEAN CLAY (CL). STIFF TO HARD, FINE TO COARSE SAND, ISOLATED GRAVEL, MOIST, BROWN TO RED -BROWN. F71CLAYEY SAND (SC), MEDIUM DENSE TO DENSE WITH ISOLATED LOOSE ZONES, FINE TO COARSE WITH OCCASIONAL GRAVEL, MOIST, BROWN TO RED -BROWN. POORLY -GRADED SAND WITH SILT (SP-SM), MEDIUM DENSE TO VERY DENSE, FINE TO COARSE WITH OCCASIONAL GRAVEL. SLIGHTLY MOIST, BROWN. DRIVE SAMPLE, 2-INCH I.D. CALIFORNIA LINER SAMPLE. 22/112 DRIVE SAMPLE BLOW COUNT, INDICATES THAT 22 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE THE SAMPLER 12 INCHES, DISTURBED BULK SAMPLE. A-6 NOTES 1. THE EXPLORATORY BORINGS WERE DRILLED ON DECEMBER 23, 2013 WITH A 4-INCH DIAMETER CONTINUOUS FLIGHT POWER AUGER. 2. THE LOCATIONS OF THE EXPLORATORY BORINGS WERE MEASURED APPROXIMATELY BY PACING FROM FEATURES SHOWN ON THE SITE PLAN PROVIDED. 3. THE ELEVATIONS OF THE EXPLORATORY BORINGS WERE NOT MEASURED AND THE LOGS OF THE EXPLORATORY BORINGS ARE PLOTTED TO DEPTH. 4. THE EXPLORATORY BORING LOCATIONS SHOULD BE CONSIDERED ACCURATE ONLY 70 THE DEGREE IMPLIED BY THE METHOD USED. 5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY BORING LOGS REPRESENT THE APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE GRADUAL. 6. GROUND WATER WAS NOT ENCOUNTERED IN THE BORINGS AT THE TIME OF DRILLING. 7. LABORATORY TEST RESULTS: WC = WATER CONTENT X) (ASTM D 2216); DO = DRY DENSITY (pc1 (ASTM D 2216); +4 = PERCENTAGE RETAINED ON NO. 4 SIEVE ASTM D 422); -200 - PERCENTAGE PASSING NO. 200 SIEVE ASTM D 1140); LL = LIQUID LIMIT (ASTM D 4318); PI = PLASTICITY INDEX (ASTM 0 4318); R = HVEEM R-VALUE (AT 300 psi) (ASTM D 2844); RE = MINIMUM LABORATORY RESISTIVITY (ohm -cm.) (ASTM G 57); WSS = WATER SOLUBLE SULFATES (%) (CPL-2103); PH = HYDROGEN ION CONCENTRATION (ASTM E 70 ; OMC = OPTIMUM MOISTURE CONTENT (%) (ASTM D 698); MDD = MAXIMUM DRY DENSITY (pcf) (ASTM D 698). 1 13-1-338 I Kumar & Associates I VINE & SHIELDS INTERSECTION IMPROVEMENTS, FORT COLLINS, COLORADO I LOGS, LEGEND AND NOTES I Fig 2 OF EXPLORATORY BORINGS SAMPLE OF: Clayey Sand (SC) FROM: Boring 1 ® 4' WC = 17.5%, DO = 108.0 pcf —200 = 40%, ILL = 35, PI = 27 I Ii I EXPANSION UNDER CONSTANT 3 j i PRESSURE UPON WETTING � I o —2 H Q 0 � J j 0 N —3 z 0 0 —4 I j I Ij —5 1 to APPLIED PRESSURE — KSF 10 100 SAMPLE OF: Clayey Sand (SC) FROM: Boring 2 G 1' WC = 10.3%, DD = 120.1 pcf 1 ( —200 43%, LL = 23, PI 12 I ( I I EXPANSION UNDER CONSTANT J PRESSURE UPON WETTING N 0 I o o I N z —2 o —3 f E m amnq ieidIY m. �..uno wn nW^ by rc°r.6tt. ,. ^ K r, and the . —. ° - S• l a nww, °ntl / t_ti,m, irc Swn —' ce„wnmuon iA,»g nole,m.d », _ c°ra°rc..m to APPLIED PRESSURE — KSF 10 100 m% 13-1 —338 Kumar &Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 3 � I I I i SAMPLE OF: Sandy Lean Clay (CL) FROM: Boring 3 ® 4' WC = 15.5%, DO = 112.5 pcf I I I I I I I —200 = 68%, LL = 32, PI = 16 I, I I EXPANSION UNDER CONSTANT I � - I I � PRESSURE UPON WETTING I I I I I I - - I I T I i -t- � •� 1 J 0 I Z z O -1 H a 0 J O -2 O U -3 -4 .1 to APPLIED PRESSURE - KSF 10 100 v 1 J JUj n 0 i z o -1 a 0 J z -2 0 -3 Eo -4 .1 1A APPLIED PRESSURE - KSF 10 100 13-1-338 Kumar &Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 4 e% i I I'll SAMPLE OF: Sandy Lean Clay (CL) I I ! FROM: Boring 4 @ 4' WC = 13.4%, DD = 115.7 pcf I fI � -200 = 55%, LL = 28, PI = 14 I j I EXPANSION UNDER CONSTANT ' PRESSURE UPON WETTING m.,. on mlm . mp4Y brt.E .nen net a lull nlbVl !b wiltm opPOM o! I I ' humv a,W NWtbt.e, Inp. Swll Con.W tiv4m I.elYg pno.m.d In a.Nmc. ate sru o-sus � I I i 111111111 CURB AND GUTTER TYPE 2 (SECTION II-M) CONCRETE PAVEMENT (8 INCH) (DAVIS COLOR Il- i!f OMAHA TAN 5084) !i'S FENCE WOOD _ (BY OTHERS) B' CONC. SIDEWALK (6 INCH) � CONCRETE I STD, 8+95.00 CURB RAMP MATCH LINE SEE SHEET CONCRETE TRUCK APRON SEE LANDSCAPE DETAILS END CURB AND GUTTER TNPE 2 (SECTION I1-8) PROPOSED ROW BEGIN CURB AND GUTTER YPE 2 (SECTION II-M) 8I yJ' PROPOSED ROW 6'UTIL. (e INCH)SiDEWALK CURB AND GUTTER TYPE 2 (SECTION O-B) ESMT. CURB O TYPE 2 6 I-B) O CONCRETE PAVEMENT (8 INCH) TOE OF FILL + 6'C /vq (DAVIS COLOR OMAHA TAN 5084) 6' UTIL ESMT. W 5' CONC. �' SIDEWALK _ (6 INCH) v.,.-.'.___:_. n. N W IS W Z y J SEE BIKE ACCESS DETAILS ,^„SHIELDS ST BEGIN PROJECT SHIELDS STREET STA 7+54.95 m r ^ i� — `. ------ � FENCE (SPECIAL) MATCH EXISTING WALK — — — - — - j�..•T TEMP. CONST. —�'^JT ESMT. CO TE EXIST. ROW / MCRfl ^•i I PROPOSED ROW i C i RqH) (DAAVISVIS / COLOR O TOE OF FILL TAN SOB4) $4+DD HMA (PATCHING) + _' ✓MfNIJAiiAA ) •� (ASPHALT) W I e' CONC Qr� CURB AND GUTTER TYPE 2 — — — _ _ — _I - — T : .. a j I SIDEWALK (6 INCH) o' xoe �o is, (SECTION 11-8) TEMP. CONST. ESMT. MATCH LINE SEE SHEET 2 CONCRETE CURB RAMP S' GONG. SIDEWALK (8 INCH) 6INCH)SIDEWALK MINOR RETAINING WALL T CONC. SIDEWALK (6 INCH) FENCE (SPECIAL) CURB TYPE 2 (SECTION B) CONCRETE CURB RAMP SEE BIKE ACCESS DETAILS CONCRETE PAVEMENT (8 INCH) CONCRETE CURB RAMP (DAVIS COLOR OMAHA TAN 5084) STA. 9+05.66 END CURB AND GUTTER TYPE 2 (SECTION 11-8) BEGIN CURB AND GUTTER TYPE 2 (SECTION II-M) Print Date: 6/4/2015 Sheet Revisions " File Name: ROWY.PLNI S1EET-03 Date: Comments Init. As Constructed VINE &SHIELDS Project No./Code City of ROADWAY PLAN SHEET STU M455-108 UnitI formScaleion Vert. t Lea ., Noted Q Fort Collins No Revisions: Unit Information unit Leader mieols Region 4 LHN Designer: BSH Structure Q /"�!� Revised: 18877 e¢ I420 Seeond Street Numbers irvnstiir med!¢v Q petaller: OWS &CUA?N'WY t o5"W )iei ieoi �o:" Q Ore¢Ie 670 80671 Void: Shest Number 26 Addandumrl1 a Phone: 70-350-2126 Sheet Subset: PLAN Subset She¢le: 3 of 5 3125 Intersection Imorovsments at Vine B Shields Pace 28 of 31 0 v 1 J J W V) 0 I z O H —1 Q J O tn —2 z O U —3 —4 1 1A APPLIED PRESSURE — KSF 10 100 2 40 J J W can 0 1 z o —1 a 0 J O z —2 z a OU E6 _T APPLIED PRESSURE — KSF 10 100 e ° 13-1-338 Kumar & Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 5 E SAMPLE OF: Sandy Lean Clay (CL) FROM: Boring 5 Cm 1' WC = 15.5%, DO = 109.9 pcf —200 = 52%, LL = 30, PI = 12 I i I i I i I I I EXPANSION UNDER CONSTANT PRESSURE UPON WETTING i I i SAMPLE OF: Lean Clay with Sand (CL) � FROM: Boring S ® 4' WC = 16.3%, DO = 110.7 pcf �— I I —200 = 80%, LL = 35, PI = 19 _ I EXPANSION UNDER CONSTANT I I PRESSURE UPON WETTING I i I I I I n.s. tM nwb oppy my to Un wmga. 1wtM. 1M Mn neat I i I tlMp rot M naoCpcM, ocept N . .illaul Ua Mitm ^pVn"a W NOKvn,ar I I, I and Conwlbptlan inllni q pat Inc. wm�E4N I ccertlmcnm •S1Y D-t5t6. STANDARD SERIES 913 CLEAR SQUARE_11 w--awww��w��ww � ww����w�� ��ow .owww�wwww� wwwwww� �w����wwwwiww Aiiiiiiiiiiiiiiii �����wNw�•�w wow VIIIIIIIIIIMIl -- . ww•�� waw�•w w • w�� � �w�s��w www � w�� � wwa�•�� �� w�ww��wwwww w��o�wwwwwwwwww�� • • . 1 • TIME I IS 01 ww"M��wwwww��w� ww��� ww����w ww�vww w��.www� w���oww�aw��wwww�w� ww���� w 1IIIIIIIIII1IIIRI= VIIIIIIIIIIIIIIIIW =L_Ku7& Associates GRADATION TEST RESULTS ...so MEN ROME= IN ... ,I :.,.No ....OWNER ERROR ..�ORION 0 0IN Q:•■: a •■■::::•■aid:.!!:■ Gin ill � �:Q.:.�. a�i■ Qi■■i ' a •••• •Y �ia�i Emu son ■ u■,■n,■ un, n .;;.;n..:�; Via: •• as � • � :•a:an: a:a::Aa:i: aa: �;;��aaia MINIMUM RESISTIVITY AT IN CURVE SAMPLE SOIL OR BEDROCK TYPE RESISTIVITY SITU MOISTURE CONTENT SYMBOL IDENTIFICATION (ohm -cm) (ohm -cm) • BORINGS 3 d< 5 01'-9' Sandy Lean Clay (CL) 390 1.080 115 NMI 107 105 COMPACTION TEST REPORT ZAV SpG 2. 60 I V I 9 P1 PI Water content, COMPACTION TESTING DATA 1 2 3 4 5 6 WM + WS 4079.0 4207. 0 4227. 0 4193. 0 WM 2263. D 2263.0 2263.0 2263.0 WW + T #1 550.6 556.2 588.7 620.7 WD + T #1 502.4 495.7 516.9 537.3 TARE #1 100.4 71.7 96.2 100.3 WW + T #2 WD + T #2 TARE #2 MOIST. 12.0 14. 3 16.7 19. 1 DRY DENS. 107. 3 112. 5 I11, 3 107. 2 Curve No, 1998 Preparation Method Rammer: Wt. 5. 5 1b. Drop 12 in, Type Manual Layers: No. three Blows per 25 Moist Size 0.03333 cu. ft. Test Performed on Material Passing #4 Sieve %>44 1 Z<No.200 68 Atterberg (D 4318), LL34 PI 23 NM ( D 2216) Sp. G. ( D 854) 2. 6 USCS (D 2487) CL AASHTO (M 145) A-6(12) Date, Sampled Received 12-26-13 Tested 12-31-13 Tested By TM SIEVE TEST RESULTS e QTM n_All AeTM n_ttAn Opening Size % Passing Specs. 3/B' 100 #4 99 #8 97 #16 94 #30 90 #50 84 4100 76 #200 68 TEST RESULTS Material Description Maximum dry density = 112.9 pcf Sandy Lean Clay Optimum moisture = 14.9 Remarks: These test results apply only to the samples which were tested. Protect No. 13-1-338 C t I entt the testing report shall not be reproduced. except In full. without rthe written approval of Kumar and Associates, Inc. Prot ec tt Vine and Shields Moisture/densiy, relationships performed in accordance with A571V m D696, 01557. Alierberg limits performed in accordance with O Locat ion B3 and B5 Sample Numbert 1998 ASTM 04318 sieve analysis performed in accordance wfih ASTM v D422, 01140. Checked by DS Title Lab Manager 13-1-338 Kumar & Associates MOISTURE -DENSITY RELATIONSHIPS Fig. 8 TABLE SUMMARY OF LABORATORY TEST RESULTS PROJECT NO.: 13-1-338 PROJECT NAME: Vine and Shields DATE SAMPLED: 12-20-13 DATE RECEIVED: 12-20-13 SAMPLE LOCATION DATE TESTED NATURAL MOISTURE CONTENT (%) NATURAL DRY DENSITY (pd) GRADATION PERCENT PASSING NO. 200 SIEVE ATTERBERG LIMITS WATER SOLUBLE SULFATES (%1 MINIMUM ELECTRICAL RESISTIVITY (ohrh p ) MDD (Fd) OMC R-VALUE ® 700 pet pH AASHTO CLASSIFICATION (group index) SOIL OR BEDROCK TYPE BORING DEPTH (raeU GRAVEL (%) SAND (%) LIQUID LIMIT PLASTICITY INDEX 1 1 12-30-13 17.6 Clayey Sand (SC) 1 4 12.30-13 17.5 108.0 40 35 27 0.0 A-5 (5) Clayey Sand (SC) 2 1 12-30-13 10.3 120.1 43 23 12 0.0 A-6(1) Clayey Sand (SC) 2 4 12-30-13 16.9 112.5 Clayey Sand (SC) 3 1 12-30-13 16.6 113.9 Sandy Loan Clay (CL) 3 4 12-30-13 15.5 112.5 68 32 18 A6 (e) Sandy Loan Clay (CL) 4 1 12-30-13 12.0 122.4 0.0 Sandy Lean Clay (CL) 4 4 12-30-13 13 4 115.7 55 28 14 A-6 (4) Sandy Leon Clay (CL) 4 9 12-30-13 12.7 123.4 Clayey Sand (SC) 5 1 12-3(.13 15.5 109.9 52 30 12 A-e (3) Sandy Lean Clay (CL) 5 4 12-30-13 16.3 110.7 80 35 19 A6 (14) Lean Clay with Sand (CL) 5 9 12-30-13 8.2 130.3 Lean Clay with Sand (CL) 3.5 1-9 12-30-13 1 31 68 34 23 00 390 112.9114.9 <5 7.57 A6 (13) Sandy Lean Clay (CL) APPENDIX A DARWinTm AND RIGID PAVEMENT DESIGN CALCULATIONS 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc 2390 South Lipan Street Denver, Colorado 80223 Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Vine Drive West of Shields Street Flexible Structural Design 750,123 4.5 2.5 90 % 0.44 3,025 psi 1 4.41 in Specified Layer Design Struct Drain Coeff, Coef. Thickness Width Calculated Laver Material Description Ai Mi Di in Lft-) SN in 1 Hot Mix Asphalt 0.44 1 7.5 12 3.30 2 Aggregate Base Course 0.11 1 11 12 1.21 Total - - 18.50 - 4.51 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc 2390 South Lipan Street Denver, Colorado 80223 Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Vine Drive East of Shields Street Flexible Structural Design 750,069 4.5 2.5 90 % 0.44 3,025 psi 1 4.41 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Laver Material Description Ai Mi (Di)(in) 1 Hot Mix Asphalt 0.44 1 7.5 12 2 Aggregate Base Course 0.11 1 11 12 Total - - - 18.50 - Calculated SN in 3.30 1.21 4.51 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc 2390 South Lipan Street Denver, Colorado 80223 Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Shields Street North of Vine Drive Flexible Structural Design 1,837,236 4.5 2.5 90 % 0.44 3,025 psi 1 5.00 in Specified Layer Design Struct Drain Coeff, Coe£ Thickness Width Calculated Laver Material Description (AD (Mi) (Di in Uft SN in 1 Hot Mix Asphalt 0.44 1 7.5 12 3.30 2 Aggregate Base Course 0.11 1 16 12 1.76 Total - - 23.50 - 5.06 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc 2390 South Lipan Street Denver, Colorado 80223 Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Shields Street South of Vine Drive Flexible Structural Design 756,782 4.5 2.5 90 % 0.44 3,025 psi 1 4.41 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Laver Material Description Ai Mi Di in 1 Hot Mix Asphalt 0.44 1 7.5 12 2 Aggregate Base Course 0.11 1 11 12 Total - - 18.50 - Calculated SN in 3.30 111 4.51 Page 1 ^ { Z FENCE WOOD (BY OTHI PROPOSEB'CONC. SIDEWALK (6 INCH) CONCRETE TRUCK TEMP. CONST ESMT, PROPOSED ROW — MATCH LINE SEE SHEET 1 LINE SEE SHEET 2 :ONCRETE TRUCK APRON CONCRETE CURB RAMP 81CONC. STA 10+77.77 —SIDEWALK END CURB AND GUTTER TYPE 2 (SECTION II-M) (6 INCH) BEGIN CURB AND GUTTER TYPE 2 (SECTION 11-8) CURB AND GUTTER TYPE 2 (SECTION I-W PROPOSED MOLE POINT F—ROW STA. 11+20.10, 19.97' LT 7' CONC. SIDEWALK (6 INCH) CURB TYPE 2 (SECTION B) ANGLE POINT STA. 11+54,09, 24.DO' LT O TEMP.CONST.ESMT. O ED RFENCE (CHAINLINK)(BY OTHERS) + PROPOSOW 6-CONC. EWALK DRIVEWAY �� IS?CROW— — _ N (6DII CH�30.5'L ERGTH (6D CH)K 111 `7.1t3�S�1�1 _ I -Deli�iE E ` I CURB hAkIP' \ - `+EXIST. ROW 7 �41NOR RETAINING W/yL I .,r a —1OPOSED ROw J TEMP.----- -CONST. ESMT. ICONIC. SIDEWALK (6 INCH) AI HMA (PATCHING)(ASPHALT) S (CHAINLINK)(BY OTHERS) AND GUTTER TYPE 2 ION 11-W - _ _ _ _ SEE BIKE ACCESS DETAILS Ed SEE DIKE ACCESS DETA1�_r- _—'__ W IL Q 6'CONC. DR EWAY SIDEWALK (6 INCH) 20' ll+YIS.14 ------ ----- ST --�--- -- ---- ROW R1. 26.50 FENCE (WOOD) 36' IDTII (BY OTHERS) ENGIN _ 15'UTIL. 7' CONC.I I ESMT. SIDEWALK o no' sa' eo• (6 INCH) CURB AND GUTTER TYPE 2 (SECTION II-B) CURB TYPE 2 (SECTION B) ANGLE POINT i POINT STA, 11+53.44, 24.00' RT 1+14,08. 18.03' RT `' Print Dale: 6/4/2015 Sheet Revisions As Constructed VINE &SHIELDS Project No./Code i F14 Name: ROWY_P-AN SHEET 0e Date: Comments Inil. i City of e,, Hod:. scale: 1:4o Vert. Sane: Ae Noted p C.�e.} �OI Ilns. No R.�ieione: ROADWAY PLAN SHEET STU M455-108 s Unit m(armatian Lot Leader Initials p Region 4 LHN �-.�VI l�1lL Revised: Designer. B8H SVucture 18877 1420 Second Street 2,,,.r, p Greeley, CO 80631 Detailer. (1W5 umDen { g��� I�;>°2'2°°"' Phone: 970-350-2126 Void: Sheet Subset: PLAN Subset Sheets: 4 a( 5 Sheet Number 29 Andeednml 8125 Intarsaclbn Improvements at Vine a shields rape ze o1 al 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc 2390 South Lipan Street Denver, Colorado 80223 Flexible Structural Design Module 18-kip ESALs Over initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Intersection Flexible Structural Design 3,286,498 4.5 2.5 90 % 0.44 3,025 psi 1 5.41 in Specified Layer Design Struct Drain Coef. Coef Thickness Width Calculated Laver Material Description (Ai) tNID (Di)(in){8) SN in 1 Hot Mix Asphalt 0.44 1 7.5 12 3.30 2 Aggregate Base Course 0.11 1 20 12 2.20 Total - - 27.50 - 5.50 Page 1 Rigid Pavement Online Rigid Pavement Design - Based on AASHTO Suppfnnental Guide Reference: LTPP DATA ANALYSIS -Phase I: Vardation of Guidelines for k-value selection and Concrete Pavement Performance Prediction Results Project Mrriber VS 1 Project rrtle Vine Drive and Shields Street Intersection Project Location Fort Collins, CO Project Description Vine Drive West of Shields Street Slab Thickness Design Pavement Type 18-kip ESALs over Initial Performance Period Initial Serviceability Terminal Serviceability 28-day mean PCC Modulus of Rupture Elastic Modulus of Slab Elastic Modulus of Base Base Thickness Mean Effective k-value Reliability Level Overall Standard Deviation Calculated Design Thickness Temperature Differential Mean Annual Wind Speed Mean Annual Air Temperature Mean Annual Precipitation Maximum Positive Temperature Differentlal Modulus of Subgrade Reaction Period Description Seasonally Adjusted Modulus of Subgrade Reaction Traffic Performance Period Two-way ADT Number of Lanes in Design Direction Percent of All trucks in Design Lane Percent Trucks in Design Direction Vehicle Percent of Class ADT 1 93.4 % 2 5.3 % 3 .7 % 4 .6 % Total Calculated Cumulative ESALs Faulting Doweled Dowel Diameter Drainage Coefficient Average Fault for Design Years with Design Inputs Criteria Check Nondoweled Drainage Coefficient Average Fault for Design Years with Design Inputs Criteria Check Annual Growth 1.5 1.5 % 1.5 Initial Truck Factor .003 .285 1.692 3.848 Subgrade k-value, psi Annual Growth in Truck Factor 0 % 0 % 0 % 0% JPCP 0.8488D4 million 4.5 2.5 650 psi 3400000 psi 10000 psi 0 in 34 psi/in 90 % 0.34 7.43 in 8.8 mph 50.3 OF 15.3 in 6.07 OF 34 psi/in 20 years 3187 1 100 % 60 % Accumulated 18-kip ESALs 0.05 0.24 0.19 0.37 0.848804million 1 i❑ 0.033 in PASS Rigid Pavement Design - Based on AASHTO Suppfimental Guide Reference: LTPP DATA ANALYSIS - Phase L Validation of Guidelines for k-value selection and Concrete Pavement Performance Prediction Results Project Number VS 2 Project Title Vine Drive and Shields Street Intersection Project Location Fort Collins, CO Project Description Vine Drive Fast of Shields Street Slab Thickness Design Pavement Type 18-kip FSALs over Initial Performance Period Initial Serviceability Terminal Serviceability 28-day mean PCC Modulus of Rupture Elastic Modulus of Slab Elastic Modulus of Rase Base Thickness Mean Effective k-value Reliability Level Overall Standard Deviation Calculated Design Thickness Temperature Differential Mean Annual Wind Speed Mean Annual Air Temperature Mean Annual Precipitation Maximum Positive Temperature Differential Modulus of Subgrade Reaction Period Description Seasonally Adjusted Modulus of Subgrade Reaction Traffic Performance Period Two-way ADT Number of Lanes in Design Direction Percent of All trucks In Design Lane Percent Trucks in Design Direction Vehicle Percent of Annual Class ADT Growth 1 88.9 % 1.5 % 2 9.6 % 1.5 % 3 0.8 % 1.5 % 4 0.7 % Total Calculated Cumulative FSALs Faulting Doweled Dowel Diameter Drainage Coefficient Average Fault for Design Years with Design Inputs Criteria Check Nondoweled Drainage Coefficient Average Fault for Design Years with Design Inputs Criteria Check Subgrade k-value, psi Annual Initial Growth in Truck Factor Truck Factor 0.003 0 °h 0.285 0 % 1.692 ON. 3.848 0 NO ]PCP 0.850106 million 4.5 2.5 650 psi 3400000 psi 10000 psi 0 in 34 psi/in 90 % 0.34 7.43 in 8.8 mph 50.3 OF 15.3 in 6.07 OF 34 psi/in 20 years 2392 1 100 % 60 % Accumulated 18-kip FSALs 0.03 0.33 0.16 0.33 0.850106 million 1 in 1 in 0.033 in PASS Rigid Pavement Online Rigid Pavement Design -Based on AASHTO Suppranental Guide Reference: LTPP DATA ANALYSIS - Phase I: Validation of Guidelines for k-value selection and Concrete Pavement Performance Prediction Results Project Number VS 3 Project Title Vine Drive and Shields Street intersection Project Location Fort Collins, CO Project Description Shields Street North of Vine Drive Slab Thickness Design Pavement Type ]PCP 18-kip FSAIs over Initial Performance Period 2.145304 million Initial Serviceability 4.5 Terminal Sery oeabllity 2.5 28-day mean PCC Modulus of Rupture 650 psi Elastic Modulus of Slab 3400000 psi Elastic Modulus of Base 10000 psi Base Thickness 0 in Mean Effective k-value 34 psi/in Reliability Level 90 % Overall Standard Deviation .. .34 Calculated Design Thickness 8.39 in Temperature Differential Mean Annual Wind Speed 8.8 mph Mean Annual Air Temperature 50.3 OF Mean Annual Precipitation 15.3 in Maximum Positive Temperature Differential 6.87 OF Modulus of Subgrade Reaction Period Description Subgrade k-value, psi Seasonally Adjusted Modulus of Subgrade Reaction 34 psi/in Traffic Performance Period 20 yea rs Two-way ADT 4432 Number of Lanes in Design Direction 1 Percent of All trucks in Design Lane 100% Percent Trucks in Design Direction 60% Annual Vehicle Percent of Annual Initial Growth in Accumulated Class ADT Growth Truck Factor Truck Factor 18-kip FSALs 1 84.6 % 1.5% .003 0 % 0.06 2 13.1 % 1.5% .285 0 % 0.84 3 1.5% 1.5% 1.692 0% 0.57 4 .8 % 1.5% 3.848 0 °k 0.69 Total Calculated Cumulative ESALs 2.145304million Faulting Doweled Dowel Diameter 1.25 in Drainage Coefficient 1 in Average Fault for Design Years with Design Inputs 0.036 Criteria Check PASS Nondoweled Drainage Coefficient in Average Fault for Design Years with Design Inputs Criteria Check Rigid Pavement Online Rigid Pavement Design - Based on AASHTO Supplimental Guide Reference: LTPP DATA ANALYSIS - Phase I: Validation of Guidelines for k-value selection and Concrete Pavement Performance Prediction Results Project Number VS 4 Project Title Vlne Drive and Shields Street Intersection Project Location Fort Collins, CO Project Description Shields Street South of Vine Drive Slab Thickness Design Pavement Type ]PCP 18-kip ESALs over Initial Performance Period 0.924764 million Initial Serviceability 4.5 Terminal Serviceability 2.5 28-day mean PCC Modulus of Rupture 650 psi Elastic Modulus of Slab 3400000 psi Elastic Modulus of Base 10000 psi Base Thickness 0 In Mean Effective k-value 34 psi/in Reliability Level 90 % Overall Standard Deviation 0.34 Calculated Design Thickness 7.52 in Temperature Differential Mean Annual Wind Speed 8.8 mph Mean Annual Air Temperature 50.3 OF Mean Annual Precipitation 15.3 In Maximum Positive Temperature Differential 6.15 OF `\ Modulus of Subgrade Reaction 1 Period Description Subgrade k-value, psi Seasonally Adjusted Modulus of Subgrade Reaction 34 psi/in Traffic Performance Period 20 years Two-way ADT 4030 Number of Lanes in Design Direction 1 Percent of All trucks In Design Lane 100 % Percent Trucks in Design Direction 60 % Annual Vehicle Percent of Annual Initial Growth in Accumulated class ADT Growth Truck Factor Truck Factor 18-kip ESALs 1 94.2 °!° 1.5 % 0.003 0 "/a 0.06 2 4.4 % 1.5 % 0.285 0 °/ 0.26 3 1.1 % 1.5 % 1.692 0 % 0.38 4 0.3 % 1.5 % 3.848 0 % 0.24 Total Calculated Cumulative ESALs 0.924764million Faulting Doweled Dowel Diameter 1 in Drainage Coefficient 1 in Average Fault for Design Years with Design Inputs 0.043 Criteria Check PASS Nondoweled -` Drainage Coefficient in - \I Average Fault for Design Years with Design Inputs Criteria Check Rigid Pavement Rigid Pavement Design - Based an AASHTO Suppfimental Guide Reference: LTPP DATA ANALYSIS - Phase I: Validation of Guidelines for k-vakle selection and Concrete Pavement Performance Prediction Results Project number VS 5 Project Title Vine Drive and Shields Street Intersection Project Location Fort Collins, CO Project Description Intersection Slab Thickness Design Pavement Type ]PCP 18-kip ESALs over Initial Performance Period 3.829313 million Initial Serviceability 4.5 Terminal Serviceability 2.5 28-day mean PCC Modulus of Rupture 650 psi Elastic Modulus of Slab 3400000 psi Elastic Modulus of Base 10000 psi Base Thickness 0 in Mean Effective k-value 34 psi/in Reliability Level 90 % Overall Standard Deviation 0.34 Calculated Design Thickness 9.05 in Temperature Differential Mean Annual Wind Speed 8.8 mph Mean Annual Air Temperature 50.3 OF Mean Annual Precipitation 15.3 in Maximum Positive Temperature Differential 7.32 IF Modulus of Subgrade Reaction Period Description Subgrade k-value, psi Seasonally Adjusted Modulus of Subgrade Reaction 34 psi/in Traffic Performance Period 20 years Two-way ADT 6725 Number of Lanes in Design Direction 1 Percent of All trucks In Design Lane 100% Percent Trucks in Design Direction 100% Annual vehicle Percent of Annual Initial Growth in Accumulated Class ADT Growth Truck Factor Truck Factor 18-kip ESALs 1 90.1 % 1.5 % 0.003 0 % 0.15 2 8.2 % 1.5 % 0.285 0 % 1.33 3 1.1 % 1.5 % 1.692 0 °.a 1.06 4 0.6% 1.5% 3.848 0°k 1.32 Total Calculated Cumulative ESALs 3.829313 million Faulting Doweled Dowel Diameter 1.25 in Drainage Coefficient tin Average Fault for Design Years with Design Inputs 0.04 Criteria Check PASS Nondoweled Drainage Coefficient in Average Fault for Design Years with Design Inputs Criteria Check �TDE OF FILL 0 a u as _ - - .......... . -. . -EDGE-F_WALK_ N . . F6. STA 31+4].02, 33.98'1`------- •�-'-'-'-' ELEV. 5009.98 EDGE OF WALK of STA 31+33.28, 36.96' LT ELEV. SOOB.9] BACK OF CUR `a STA 30+89.28.61' LT ELEV. 5009.6565 BACK OF CURB 0 STA. 30+93.68, 24.53' LT ELEV. 5009.23 STA. 31+43.32, 32.25' LT CURB TYPE 2 END CURB TYPE 2 (SECTION B) (SECTION B) STA. B9LT CURT BEGIN CURB TYPE PE E2 (SECTION 8) CURB AND GUTTER TYPE 2 (SECTION II-B) CURB FLOW LINE STA 30F93.51, 24.06' LT ELEV. 5009.22 CURB AND GUTTER TYPE 2 CURB FLOW LINE (SECTION II-B) , 18.78' LT VINE DR ELEV. 5 09.42 CURB FLOW LINE CURB FLOW LINE VINE DR STA 34+7528, 21,01' RT ELEV. 5011.66 CURB FLOW LINE STA. 30+77.05, 23.90' RT N STA. 34+55.21, 20.12' RT ELEV. 5011.19 CURB FLOW LINE BACK OF CURB ELEV. 5009.14 a e ar so STA. 34+55.25, 19.63' RT STA 34011.10 , 20.59' RT STA 34011.5E , 21.51' RT ELEV. 5011.58 BACK OF CURB VINE DR BEGIN CURB TYPE 2 (SECTION B) ELEV. SOt1.l0 STA 30+77.11, 24.40' RT CURB AND GUTTER TYPE 2 FRONT OF WALK ELEV. 5009.18 (SECTION [I-B) STA 21.71' RT BACK OF CURB ELEV.. 5011. 5011.54 STA. 30+83.07, 23.71' RT ELEV. 5009.68 R18' 6. CURB AND CUTTER TYPE 2 n (SECTION II-B) a DF WALK STA 34+48,84, 23.73'RT STA. 30+82.88, 28.10M END CURB TYPE 2 (SECTION B) 5.23% _ - ELEV. 5009.30 1 -- • --- -- BACK OF WALK CURB TYPE 2 --'�'- STA 34+79,13, 26.64'R .� EDGE OF WALK (SECTION B) _ - - FRONT OF WALK ELEV. 5011.62 A A. 31+09.64, 34.02' RT ., STA, 34+66.46, 23.74' RT ` \ ELEV. 5010+05 -,-.-•- -'- _ ELEV. 5011.19 - - BACK OF WALK FRONT OF WALK STA. 34+67.31, 28,67' RT STA 34+48.84, 23.73' RT ELEV. 5011.29 N CURB TYPE 2 (SECTION B) - ELEV. 5011.80 FRONT OF WALK EDGE OF WALK TOE OF STA, 34+55.40, 22.60' RT CURB FLOW LINE 00 STA. 30+68,94, 35.20' RT 'a FILL ELEV, 5011.26 STA 30+57.BB, 26.14' RT ELEV. 501D.D1 BACK OF WALK BACK OF WALK ELEV. 5009.00 -, _ STA. 341y0.19, 31.61' RT STA 34+56.75, 30.48' RT STA 30+57.93, 26.63' RT _ _ STA 30+87,20, 3MV RT ELEV. 5011,9E ELEV. 5011.43 BEGIN CURB TYPE 2 (SECTION B) END CURB TYPE 2 (SECTION 8) EDGE OF WALK TOE OF CURB AND GUTTER TYPE 2 STA. 30+80.88, 32.81' RT FILL 0' a m o (SECTION 11-B) ELEV. 5009.44 Print Dote: 6/4/2015 Q Sheet Revisions Region 4 LHN 9 1420 Second Street City of F - rt Cdhns ('� u1 1 As Constructed VINE AND SHIELDS - BIKE ACCESS DETAILS Project No./Code File Norm 18877-BIKE-ACCESS-ETS Date: 1 Init. No Revisions Horiz. Scale: 1:10 Vert. Scale: As Rated Unit Information Unit Leader Initials (] Revised: OOei ner. USIA 9 Structure 18877 rrnrso�%o ',,,,,, Q OeloJer. MAN umber. Vold: Sheet Number 51 w } $CC7A1{.''WY ali°,, a'e.`v„'^ Greeley CO 60631 Phase: 970-350-2126 Sheet Subset: DETAILS Subset Shee}c 1 of 2 8126 Inamaction Improvements at Vine 6 Shields Page 30 of 31 CURB AND GUTTER TYPE 2 TOE OF FILL-------. (SECTION I1-8) EDGE OF WALK ^ STA. 8+57.95, 30.65' LT CURB AND GUTTER TY$E 8' ^ �/ ELEV. 5013.04 (SECTION II-B), ^ • ^' EDGE OF WALK ' STA. 8+51.27, 30.85' LT �• EDGE OF WALK ELEV. 5012.54 STA 8+30.45, 30.87' LT EDGE OF WALK ELEV. 5012.48 _ STA B+32.75, 30.72' LT ELEV, 5012.94 BAOF STA,CK e•t57.66CURB, 24.68' LT ELEV. 5012.92 BACK OF CURB STA, 8+51.13, 24.85' LT BACK OF CURB ELEV. 5012.42 CURB FLOW LINE STA 8+33.03, 24.]1' LT STA. B+SL12, 24.35' LT ELEV. 5012.82 BACK OF CURB ELEV. 5012.41 SHIELDS ST STA 8+39.57, 24,87' LT ELEV. 5012.36 CURB FLOW LINE STA 8 39.57, 24.37' LT ELEV. 5012.35 CURB FLOW LINE a r ro• as STA 8+27.54, 19.62' ELEV. 5012.38 } 2 CURB FLOW LINE STA 8+21.96, 20.38' RT ELEV. 5012.34 CURB FLO?ACK STA 8+11. ELEV. 501-S STA. 8+11.89, 22.71' RTBEGIN CURB TYPE 2 (SECTION CURB AND GUTTER TYPE CURB (SECTION fGU 2.02, 20.88'RT 12.34 CURB Ty (SECTION B) ^ } Z a r ar xa SHIELDS ST i CURB AND GUTTER TYPE 2 (SECTION II-B) CURB FLOW LINE -STA 8+27.59, 20.12' RT ELEV. 5012.88 EDGE OF WALK STA. 8H7.71, 44.62' RT /38x ELEV. 5012.84 Or r m' xo' STA. 33 71, D0: LT TOE OF FILL �� } _ - _ END_CURB TYPEE 2 (SECTION B) _ _ - EDGE OF WALK -- - -' --._,_• STA 11+32.65, MOO' LT •�•�'-� _ ELEV. 5009.70 _ m CURB TYPE 2 (SECTION B EDGE OF WALK STA 11+51.92, 26.26' RT STA, 11+21.55, 34.00' LT BEGIN CURB TYPE 2 (SECTION B) ELEV. 5009.90 BACK OF CURB CURB FLOW LINE STA 11+38.90, 24.72' LT z•6q;, STA. 11+52.69, 25.85' RT ELEV. 5008.88 ELEV. 5008.68 BACK OF CURB STA. 11+32.94, 24.01' LT ELEV. 5009.38 CURB FLOW LINE STA. 11+39.67. 24.31' ELEV. 5008.87 YD GUTTER TYPE 2 N I1-8) CURB FLOW LINE STA. 11+40.32, 24.03' ELEV. 5008.87 STA. 11+30.72, 24.45' RT BEGIN CURB TYPE 2 (SECTION 8)� GUTTER TYPE 2 l]-e) • CURB TYPE \ (SECTION 8) GUTTER TYPE 21 11-8) SHIELDS ST SHIELDS ST BACK OF CURB STA. 11+SO.47, MOB' RT ELEV. 5009.21 CURB FLOW LINE STA. 11+51.06, 25.66'RT ELEV. 5000.72 STA. 8+33.87, 40.84' RT 6T0. II+27.76, 32.83' RT END CURB TYPE 2 (SECTION B) END CURB TYPE 2 (SECTION 8) m EDGE OF WALK STA. It 1+, 33.24 RT ELEV. 5009.7009.75 STA.36,00 RT ELEV..5009.64SOOB.64 . . ._._._._._.�._._.-._._.-._._.-' EDGE OF WALK •_•_•_ -'-'-'---'-'---"" TOE OF FILL STA. 8+39.34, 45.46' IT s s e¢• x¢ ELEV. 5012.85 Print Date: 6/4/2015 Sheet Revisions As Constructed VINE AND SHIELDS Project No./Code File Name: IN77-811tE_ACCESS-DETS. Comments Intl. FLH� City of No Revisions: BIKE ACCESS DETAILS sTu Mass -toe Iwriz. Seale: 1:10 Vert. Sao.: As Not, Fort Collins Unit Information Unit Leader In,,, 0 Regio Revised: Cesigner. BSP Structure 18877 m'r"sd}¢x 20 Second Stree Detailer: MAN NumDera .TrL�,V1i'4N5, iw�i 9sr-rme .,a. u¢ an-veu w Greeley, CO 80631 Phone: 970-350-2126 Vold: She<t Subset: DETAILS Sweet She¢b: 2 a! 2 Sheet Number 52 8125 Intersection Improvements et Vine 8 Shields rave a i m u, 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 SECTION 00020 INVITATION TO BID 212-00040 SOL PREPARATION (LAWN) AC 0.37 $ - 212-00050 SOD SF 15886 $ - 213-00004 MULCHING (WEED FREE STRAW) AC 0.11 $ - 213-00005 MULCHING (DECORATIVE) CF 1614 $ - 213-00008 MULCHING (WOOD CHIP) CF 166 $ - 213-00067 ROCK MULCH (WEED FREE) SF 2029 $ - 213-00070 LANDSCAPE WEED BARRIER FABRIC SY 734 $ - 213-00440 METAL LANDSCAPE BORDER(M x4 NCH) LF 85 $ - 213-00700 LANDSCAPE BOULDER EA 117 $ - 214-0000 LANDSCAPE MAINTENANCE LS 1 $ - 214-00215 DECIDIOUS TREE (1.5 INCH CALIPER) EA 8 $ - 214-00220 DECIDIOUS TREE (2 NCH CALIPER) EA 33 $ - 214-DO350 DECIDIOUS SHRUB (5 GALLON CONTAINER) EA 120 $ - 214-00506 EVERGREEN TREE (6 FOOT) (BALL AND BURLAP) EA 1 $ - 214-00650 EVERGREEN SHRUB (5 GALLON CONTAINER) EA 34 $ - 214-00910 PERENNIALS (1 GALLON CONTAINER) EA 310 $ - 304-06000 AGGREGATE BASE COURSE (ABCXCLASS 6) TON 3600 $ - 403-00720 HOT MIX ASPHALT(PATCHING)(ASPHALT) TON 19 $ - 403-33741 HOT MIX ASPHALT (GRADING S) (75) (PG 64-22) TON 730.8 $ - 403-34841 HOT MIX ASPHALT (GRADING S) (75) (PG 64-28) TON 265.7 $ - 412-00800 CONCRETE PAVEMENT III INCH) BY 426.6 $ - 412-00801 CONCRETE PAVEMENT(8 INCH) (SPECCAL) (DAVIS COLOR TILE RED 1117) BY 216.6 $ - 412-00801 CONCRETE PAVEMENT(8 INCH) (SPECIAL) (DAVIS COLOR OMAHA TAN 508 BY 286.9 $ - 412-00801 CONCRETE PAVEMENT(8 INCH) (SPECIAL) (DAVIS COLOR COCOA 6130) SY 126.3 $ - 412-00850 CONCRETE PAVEMENT(8.5') SY 2823.4 $ - 412-00870 CONCRETE PAVEMENT (8.5')(FASTTRACK) BY 941.1 $ - 420-00300 GEOTEXTILE (REINFORCEMENT) BY 1200 $ - 504-08050 STONE LANDSCAPE WALL SF 295.5 $ - 506-00210 RPRAP (9 INCH) CY 2 $ - 601-00000 ARTFOUNDATION LS 1 $ - 601-03000 CONCRETE CLASS CY 21 $ - 602-00000 REINFORCING STEEL LB 829 $ - 605-00004 4 NCH NON -PERFORATED PPE UNDERDRANN LF 233 $ - 605-00040 4INCH PERFORATED PPE UNDERDRAN LF 194 $ - 605-85000 SURFACE SAND FILTER SF 158 $ - 607-11530 FENCE (SPECIAL) LF 210 $ - 608-00006 CONCRETE SIDEWALK (6 INCH) BY 1398 $ - Addendum 2 8125 Intersection Improvements at Vine & Shields Page 3 of 5 SECTION 00020 INVITATION TO BID Date: May 20, 2015 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on June 17, 2015, for the Intersection Improvements at Vine & Shields; BID NO. 8125. If delivered, they are to be delivered to 215 North Mason Street, 2Id 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 8125. The Work includes the reconstruction of the intersection of Shields Street and Vine Drive. The intersection will be changed from a signalized intersection to a single lane roundabout. The project includes: removals as defined in the plans, erosion control, utility relocation and undergrounding, concrete construction (decorative and structural), concrete curb and gutter, asphalt paving, sidewalks, parkway construction, landscaped center island for roundabout with art piece, landscaped and raised medians with plantings, decorative railings with urban design, Low -Impact -Development areas for storm water runoff, drainage systems, irrigation system and tap, temporary traffic signals, and construction zone traffic control. Construction survey and staking, signing and striping, and street light installation will be completed by the City of Fort Collins. The project is funded in part through a federal grant and is a Colorado Department of Transportation (CDOT) Local Agency (LA) project. CDOT will maintain oversight of the project during construction. This is a Federally funded project and the UDBE goal is 6.5%. If apparent low bidder does not meet the project UDBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Engineering Department by 4PM on the next business day after bid opening. The On -the -Job Training Program goal for this project is 320 hours. 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 June 3, 2015, in Conference Room 2A located at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.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 Paul Purchasing Director SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA, 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. 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 substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals, in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form, 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder, if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER 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 608-00010 CONCRETE CURB RAMP SY 313 $ - 609-21010 CURB & GUTTER TYPE 2 (SECTION I-B) LF 1084 $ - 609-21020 CURB & GUTTER TYPE 2 (SECTION 14B) LF 2136 $ - 609-21021 CURB & GUTTER TYPE 2 (SECTION II-M) LF 297 $ - 60940010 CURB TYPE 2 (SECTION B) LF 220 $ - 60940130 CURB MEDIAN(SPECIAL) LF j 411 $ - 614-80321 BARRICADE (TYPE 3 M-A) EA 1 $ - 619-50480 6INCH PLASTIC PIPE LF 36 $ - 619-75048 6INCH GATE VALVE EA 2 $ - 619-78048 6 INCH FIRE HYDRANT EA 2 $ - 621-00450 DETOUR PAVEMENT SY 983 $ - 623-00000 IRRIGATION SYSTEM LS j 1 $ - 623-00602 21NCH PLASTIC PIPE (IRRIGATIONISLEEVE) LF 900 $ - 623-00604 4INCH PLASTIC PIPE (IRRIGATION/SLEEVE) LF 375 $ - 626-0000 MOBILIZATION LS 1 $ - 630-00000 FLAGGING HOUR 1200 $ - 630-00007 TRAFFIC CONTROL INSPECTION DAY 39 $ - 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 96 $ - 630-10005 TRAFFIC CONTROL LS 1 $ - 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 $ - 63MO370 CONCRETE BARRIER TEMPORARY LF 600 $ - Force Account 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $60,000.00 $ 60,000.00 700-70011 F/A PARTNERING FA 1 $2,500.00 $ 2,500.00 700-70016 F/A FUEL COST ADJUSTMENT FA 1 $8,000.00 $ 8,000.00 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA 1 $15,000.00 $ 15,000.00 700-70380 F/A EROSION CONTROL FA 1 $2,500.00 $ 2,500.00 700-70021 F/A ON THE JOB TRAINING FA 1 $960.00 $ 960.00 TOTAL BASE BID IN WORDS: Addendum 2 8125 Intersection Improvements at Vine & Shields Page 4 of 5 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8125 Intersection Improvements at Vine & Shields Place Date - u- 1� , 2c7tS In compliance with your Invitation to Bid dated_ LQ 20 Sand subject to all conditions thereof, the undersigned bLXXra.r�E.xtr#vt% a Corporation, L•i Part-Rersl4p, Joins �iP�ture, or Ssl priete) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accom anying this Bid is a certified or cashier's of ej o o 1� —�') k A '%, s� ($ ) in accordance with the Invita or standard Bid bond in the sum 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: WeSifrv\ `�e-lzi 0 A. , 1ls . .��. 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through .L . 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDS REVISED BID SCHEDULE -ADDENDUM 2 ITEM NO. ITEM DESCRIPTION CLEARING AND GRUBBING UNIT QUANTITY UNIT COST COST 201-00000 LS 1 $17,000.00 S 17.000.00 202-00010 REMOVAL OF TREE EA 59 S750.00 $ 44,250.00 202-00031 REMOVAL OF FIRE HYDRANT EA 1 $1.130.00 S 1,130.00 202-00032 REMOVAL OF VALVE EA 1 $362.00 $ 352.00 202-00035 REMOVAL OF PIPE LF 20 S31.00 $ 620.00 202-00200 REMOVAL OF SIDEWALK SY 449 $9.00 S 4.041.00 202-00203 REMOVAL OF CURB AND GUTTER LF 580 $8.00 S 4,080.00 202-03205 REMOVAL OF WHEEL STOP EA 9 S60.00 S 540.00 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 37 $18.00 S 666.00 202-00220 REMOVAL OF ASPHALT MAT SY 0627 $4.50 $ 29.821.50 202-00810 REMOVAL OF GROUND SIGN EA 8 $110.00 $ 880.00 202-00815 REMOVE SIGN(SPECIAL) EA 1 $2.035.00 S 2,035.00 202-00928 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT LS 1 S20,044.00 S 20,044.00 2112-01000 REMOVAL OF FENCE LF 1093 S7A0 $ 7.651.00 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PUCE) CY 2365 S29.00 $ 68,295.00 203-00010 MUCK EXCAVATION CY 450 S20.00 S 9.000.00 203-01597 POTHOLING HOUR 50 S314.00 S 15,700.00 206-00510 FILTER MATERIAL (CUSS A) CY 0.7 $150.00 S 10500 207-00210 STOCKPILE TOPSOIL CY 50 $5-00 $ 250.00 207-00405 TOPSOIL (SPECIAL) CY 279.4 $43.00 $ 12.01420 208-00018 GRAVEL BAG LF 198 $12.00 S 2,376.00 208-00020 SILT FENCE LF 2186 $2.00 S 4,372.00 20800095 CONCRETE WASHOUT STRUCTURE EA 1 $1.551.00 $ 1.551.00 208-00050 STORM DRAIN INLET PROTECTION EA 2 $342.00 $ 684.00 208-00070 VEHICLE TRACKING PAD EA 1 $2,050.00 $ 2,050.00 208-00103 SEDIMENT REMOVAL AND DISPOSAL (LABOR) HOUR 20 S45.00 $ 900.00 208-00105 SEDIMENT REMOVAL AND DISPOSAL (EQUIPMENT) HOUR 20 S121.00 S 2,420.00 208-00205 EROSION CONTROL SUPERVISOR HOUR 40 $193.00 $ 7,720.00 210-00010 RESET MAILBOX STRUCTURE EA 1 $265.00 $ 255.00 210-00035 RESET WATER METER EA 2 $743.00 S 1,466.00 210-00810 RESET GROUND SIGN EA 7 $220A0 S 1.540.00 21 M4010 ADJUST MANHOLE EA 4 $450.00 S 1,800.00 210-04015 MODIFY MANHOLE EA 1 $1,177.00 S 1.177.00 21M4050 ADJUST VALVE BOX EA 2 S274.00 $ 548.00 212-00006 SEEDING (NATIVE) AC 0.11 $5.800.00 $ 638.00 212-00032 SOIL CONDITIONING AC 0.11 $6,528.00 $ 718.08 212-00040 SOIL PREPARATION (LAWN) AC 0.37 S9,890.00 S 3.659.30 212-00050 SOD SF 15886 S0.50 S 7.943.00 213-00004 MULCHING (WEED FREE STRAW) AC 0.11 $5.488.00 $ 603.68 213-00005 MULCHING (DECORATIVE) CF 1614 $3.60 $ 5.810.40 213-00008 MULCHING (WOOD CHIP) CF 106 $8.65 S 1.435.90 213,00067 ROCK MULCH (WEED FREE) SF 2029 $4.00 S 8,116.00 ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 213-00070 LANDSCAPE WEED BARRIER FABRIC SY 734 $1.90 $ 1.394.60 213-00440 METAL LANDSCAPE BORDER (118 x4INCH) LF 85 $329.00 S 27,965.00 213-00700 LANDSCAPE BOULDER EA 117 $202.00 $ 23,634.00 214.0000 LANDSCAPE MAINTENANCE LS 1 $15,750.00 S 15,750.00 214-00215 DECIDIOUS TREE (1.5 INCH CALIPER) EA 8 $378.00 $ 3.024.00 214-00220 DECIDIOUS TREE (2 INCH CALIPER) EA 33 $449.00 $ 14,817.00 214.00350 DECIDIBUS SHRUB (5 GALLON CONTAINER) EA 120 $33.40 3 4,008.OD 214-00506 EVERGREEN TREE (6 FOOT) (BALL AND BURLAP) EA 1 $463.00 S 463.DD 214-00650 EVERGREEN SHRUBS GALLON CONTAINER) EA 34 $33.40 $ 1,135.60 214-00910 PERENNIALS (1 GALLON CONTAINER) EA 310 $12.75 $ 3,952.50 304-06000 AGGREGATE BASE COURSE (ABCXCLASS 6) TON 3600 $20.00 $ 72,000.00 403.00720 HOT MD( ASPHALT (PATCHINGXASPHALT) TON 18 $148.00 $ 2,79720 403.33741 HOT MIX ASPHALT (GRADING S) (75) (PG 64.22) TON 730.8 $103.00 $ 75,272.40 403-34841 HOT NIX ASPHALT (GRADING S) (75) (PG 64-28) TON 265.7 $95.00 S 26,241.50 412-00600 CONCRETE PAVEMENT (B INCH) SY 426.6 $130.00 S 55.458.00 412-00801 CONCRETE PAVEMENTS INCH) (SPEICAL)(DAMS COLOR TILE RED 1117 SY 216.6 $152.00 S 32,923.20 412-00801 CONCRETE PAVEMENT(0 INCH) (SPEICLAL)(DAVIS COLOR OMAHA TAN 5 SY 286.9 $147.00 $ 42.174-30 412.00801 CONCRETE PAVEMENT(B INCH) (SPECIAL) (DAVIS COLOR COCOA 6130) SY 126.3 $162.00 S 20,460.60 412-00850 CONCRETE PAVEMENT(8.6') BY 2823A $120.00 $ 338.808.00 412-00870 CONCRETE PAVEMENT (8.57(FAST TRACK) SY 941.1 $121.00 $ 113.873.10 42MO30D GEOTEXTILE(REINFORCEMENT) SY 1200 56.00 S 7,200.00 504-08050 STONE LANDSCAPE WALL SF 295.5 $109.00 $ 32,209.50 5D6.00210 RIPRAP(9 INCH) CY 2 $314.00 $ 628.00 601-00000 ART FOUNDATION LS 1 $600.00 S 600.00 601.03000 CONCRETE CLASS D CY 21 51,171.00 $ 24,356.80 602-00000 REINFORCING STEEL LS 829 53.30 $ 2,736.36 005.00004 41NCH NON -PERFORATED PIPE UNDERDRAIN LF 233 $23.00 S 5,305.90 605-00040 4 INCH PERFORATED PIPE UNDERDRAIN LF 194 S31.OD $ 6.014.00 605415000 SURFACE SAND FILTER SF 158 $6.00 S 945.60 607-11530 FENCE (SPECIAL) LF 21D $10.00 S 3,300.00 BOB-00006 CONCRETE SIDEWALK (6 INCH) SY 1398 $52.00 $ 72,711.60 808-00010 CONCRETE CURB RAMP SY 313 $142.00 $ 44,488.60 609-21010 CURB 6 GUTTER TYPE 2(SECTION 143) LF 1084 $21.00 S 22,753.50 009.21020 CURB 8 GUTTER TYPE 2 (SECTION 11-B) LF 2136 $11.00 S 23.49320 609-21021 CURB 6 GUTTER TYPE 2 (SECTION 11-M) LF 297 $25.00 $ 7.432.50 609.40010 CURB TYPE 2 (SECTIONS) LF 220 $27.00 $ 5,037.30 009I0130 CURB MEDIAN(SPECIAL) LF 411 $31.00 S 12,725.50 614-00321 BARRICADE (TYPE 3 MA) EA 1 5550.00 $ 550.00 819.50480 61NCH PLASTIC PIPE LF 36 $42.00 $ 11512,00 619-75048 6INCH GATE VALVE EA 2 $1,082.00 S 2,164.00 619-78M 6 INCH FIRE HYDRANT EA 2 57,289.00 $ 14.578.00 621-00450 DETOUR PAVEMENT SY 983 $36.00 $ 35.391,60 623-00000 IRRIGATION SYSTEM LS 1 5591000.00 $ 59.000.00 623-00602 21NCH PLASTIC PIPE (IRRIGATIONISLEEVE) LF 900 $10,00 S 9.000.00 REM ND. REM DESCRIPTION UNIT QUANTITY UNIT COST COST 623-00604 4 INCH PLASTIC PIPE ORRIGATION/SLEEVE) LF 376 $12.00 $ 4,500.00 626.0000 MOBILIZATION LS 1 $135,900.00 S 135.900.00 630-00000 FLAGGING HOLM 1200 $26.00 S 31,200.00 030-00007 TRAFFIC CONTROL INSPECTION DAY 39 $110.00 S 4,29D.00 630-00012 TRAFFIC CONTROL MANAGEMENT DAV BB 5743.00 S 71,328.00 630-10005 TWIFFIC CONTROL LS 1 $15,585.00 S 15,565.00 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 $220.00 S 2,200.00 630-80370 CONCRETE BARRIER TEMPORARY LF 000 $82.00 $ 37,200.00 Force Account 700-70010 F/A b9NOR CONTRACT REVISIONS FA 1 S60,000.00 S 60,000.00 700-70011 F/A PARTNERING FA 1 $2.500.DD $ 2.500.00 700-70016 F/A FUEL COST ADJUSTMENT FA 1 $8,000.00 S 8.000.00 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA 1 $15,000.00 S 15,000.00 700-70380 F/A EROSION CONTROL FA 1 $2.500.00 S 2.500.00 700-70021 F/A ON THE JOB TRAINING FA 1 $960.00 S 960.00 TOTAL BASE BID' $ 1,957,737.62 IN WORDS: 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: _ 1 J x J m CONTRACTOR BY: a8ignat a Date ce sydv,� Title License Number (If Applicable) (Seal - if Bid 's by corporation) n Attest: 12 Address JJ,CI 6- e A �` O SS DLL Telephone Email t t fL L`ILvL+r�� �0.VG.�Y\ ' oCvrV� SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Duran Excavating, Inc. as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of Five Percent (5%) of Total Bid Amount ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8125 Intersection Improvements at Vine & Shields. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 17th day of June 20 ls. 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: Duran Excavating, Inc. Address: 14332 County Road 64 Greeley, C 631 By: /A Title: Cfvv-sk E. a-vx , ATTEST: By: r ✓zf 0_rr��ut>r� t Sec, (SEAL) SURETY Western Surety Company 333 S. Wabash Avenue Chicago, IL 60604 a Title: K'Anne E. Vogel, Attorney -in -Fact (SEAL) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Darlene Krings, Russell D Lear, Melanie A Lathouwers, Katherine E Dill, Royal R Lovell, Diane Clementson, K Anne E Vogel, Wesley J Butorac, Steve J Blohm, Individually of Greeley, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this I I th day of June, 2015. WESTERN SURETY COMPANY rro :�^�4opPOggf\Oa z �CA� P terry OM''er P`Paul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 1 Ith day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly swam, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires\\\\N\\\\\\\M\\\\\\\\\ S r� S. EICH /� I February 12, 2021 �1%SOUiH MIfOTAII \Y\\\\\\\\\\1\Y\\\\\\\\+ S. Eich, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 K day of � } L't.YLIt 015 . WESTERN SURETY COMPANY AN^ z 4i ii �'o L. Nelson, Assistant Secretary Farnr F4280-1-2012 EXHIBIT 2 — CLARIFICATIONS & REVISIONS I. Project Clarifications: A. None at this time. II. Revisions to the Project Planset: B. The quantity of Aggregate Base Course (ABC) (Class 6) "SHIELDS 11+58.32 to 16+18.93" on Sheet 21 has been changed from 487.7 TON to 2000 TON. III. Revisions to the Project Specifications: C. None at this time IV. Pre -Bid Clarifications Not Resulting in Changes to the Bid Documents: D. None at this time V. Pre -Bid Clarifications Resulting in Changes to the Bid Documents: E. None at this time VI. Revisions to the Project Bid Tab: F. The quantity of aggregate base has been changed from 2035.5 TON to 3600 TON. The quantity was changed due to a bust found in the quantities on Sheet 21 from Shields ST 11+58.32 to 16+18.93. The original quantity for this area was 487.7 TON, and it should be 2000 TON. Addendum 2 8125 Intersection Improvements at Vine & Shields Page 5 of 5 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: Duran Excavating, Tnc. 2. Permanent main office address: 14332 CR 64, Greeley, W 80631 3. When organized: Novenber 1978 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? 36 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See Attachment "A" — Current Projects 7. General character of Work performed by your company: Farthvork, Excavation, Site Utilities, Road Construction, Frosion Control, Denoliticn 8. Have you ever failed to complete any Work awarded to you? N0 If so, where and why? 9. Have your ever defaulted on a contract? N0 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. See Attaclnent "B" - Nhj or Projects Completed Lest 5 Years 12. List your major equipment available for this contract. See Attadnert "C" - Equiprent List 13. Experience in construction Work similar in importance to this project: See Attacbrents "D" - Job Reference Sheets 14. Background and experience of the principal members of your organization, including officers: See Attachrert "E" - Re.% res 15. Credit available: $ 1,500,000.00 16. Bank Reference: let Nni-innal Rank,17r11 7Ard Ave. CrealP4 cn R-ml _(97n) AQS-76A4 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? YES 18. Are you licensed as a General CONTRACTOR? YES If yes, in what city, county and state? See Attachient 'V1 - Licf-Lse List What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Unl(n%m If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? n'0 IF yes, DETAIL 21. What are the limits of your public liability? DETAIL $1,000,000 per occurance, $2,000,000 Aga. What Company? Travelers Insurance Capany 22. What are your company's bonding limitations? $7,000,000 per project / $20,000,000 Agg. 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Greeley, CO this 17 day of June Diran Excav In Name of r By: T;tic. Ernest E. Duran, President State of Colorado County of Weld 20 1'. l��f 11eST P. -�-)ixra-VA being duly sworn deposes and says that he is f'rest (�tA-� of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. N s rib 0 bef $ this day of �i�_ 20� Natary � u Ll3�4 S OtJt,L NOTARY PUBLIC ) STATE Os GOLCRADO My commission expires l0 t NOYMY 10 40074016100 Duran Excavating, Inc. rsirrnnt Prniprtc Attachment "A" Scheduled .rob # Project Name Owner General Contractor Architect/ Engineer Contract Percent Completion School District #1 Company LOA Architecture City & County of Denver 25 North Cascade Suite 400 480 East 20th Ave. 1350 E 33rd Ave. Colorado Springs, CO 80903 Denver, CO 80205 409 Stapleton Northfield Campus -Earthwork Denver, CO 80207 (719)473-5321 (303)863-9080 S967,772.00 95% June-15 DEI is the subcontractor for GE Johnson. DEI's description of work is erosion control, import of soil, fine grading, over excavation. and pre - Job Description compaction of the gym and school building. Broomfield Duran Excavating, Inc. One DesCombes Drive City & County of Broomfield 14332 County Road 64 Broomfield, CO 80020 1 DesCombes Dr. Greeley. CO $0634 Katic Allen 416 Brainard Drive Relocation Broomfield, CO 80020 (970)351-0192 Phone 303-438-6250 $1.195.760.90 90% June-15 Relocation of approx. 4000 R. of Brainard Drive, this work consists of clearing & grubbing, demolition of curb, gutter & asphalt asphalt milling, removal of fencing & culverts, import of fill material, strip & replace topsoil. erosion control, aggregate base course, asphalt paving and .lob Descriptiun installation ofsmnn pipe and structural concrete, guardrail. fencing and traffic control. Also includes installation of detour pavement. HCA Healthcare Batten & Shaw Redland One Park Plaza, 107 Music City Circle 8000 Lincoln St #206 Nashville, TN 37203 Nashville, TN 37214 Littleton, CO 80122 418 North Suburban Medical Center Addition 900-442-2273 615-292-2400 Mark CevaO (720)283-6783 S268275.00 90% Jum-15 Building expansion for the North Suburban Medical Center. DEl is doing the demo work which includes, concrete, asphalt and utility removals. Clearing & grubbing. & fine grading, backfill building & retaining wall. Install a new 8" waterline & fire hydrant Install 18" RCP, Job Description manholes, & inlets. Colorado State University PCL Construction Services, Inc. JVA, Inc. Housing and Dining Services 2000 South Colorado Blvd. 25 Old Town Square 1005 West Laurel St Tower Two Suite 2-5D0 Ft. Collins CO 80524 419 Colorado Stare University Aggie Village Ft Collins. CO 80523 Denver. CO 80222 303-444-1951 $1,257500.00 800% July-15 Removal of existing utilities. Installation of 1000 if of 8" waterline. 6 fire services & 6 domestic services. 700 If of 6" sanitary sewer with 6 storm sewer services with 4,0001f of 6" & 8" roof drain. Job Description Larinecr County Lorimer County 200 West Oak Street Suite 3000 Duran Excavating. Inc. 200 West Oak St # 3000 Fort Collins Colorado 80522 14332 County Road 64 Fort Collins Colorado 80522 Erich Purcell Greeley. CO 90634 Erich Purcell 420 North Shields Street Road and Bridge Improvements (970) 498-5733 (970).351-0192 (970) 498-5733 S5,814.028.80 48% August-15 The work consists of reconstruction of .9 miles of roadway and replacement of the bridge over the Cache Is Poudre River on North Shields Street (County Road 17). The work involves grading, asphalt paving, curb and gutter, sidewalk bikeways, storm sewer, irrigation system Job Description drilled caissons, prestressed concrete box girclers. ri rn , concrete box culvert fencing and landscaping. GE Johnson Construction Company Martin7Mart4 Inc. Cabela's Inc. 25 North Cascade Suite 400 12499 West Colfax Ave. One Cabela Drive Colorado Springs. CO 80903 Lakewood, CO 80215 421 Cabela's Concrete Project Sidney, NE 69160 (719)473-5321 (303)131-6100 $314.209a00Jurre-15 FT This project consists of concrete work including installation of approximately 7.300 IS.. of curb & gutter, 19,850 s.f. of sidewalk 16,000 s.t of Job Description concrete paving, 550 11 of 4' pans, 19 handicap ramps. I 1 sidewalk trench drains, 30 bollards and 32 fight pole bases. 611512015 Duran Excavating, Inc. Currpnt Proipcts Attachment W GE Johnson Construction Aspen Engioeering University of Colorado Health Company AOld Town Square, M238 12401 E. 17th Ave. 25 North Cascade Suite 400 Fort Collins, CO 80524 Aurora, CO 80045 Colorado Springs, CO 80903 John Gooch (970) 420- 422 UCH Harmony Campus ED Eric Roark (303)525-8333 (719>473-5321 5345 $329,000.00 50"A July-15 This pmject consists of earthwork and excavation of the UCH Harmony Campus site including clearing and grubbing, 2.369 ay of site cut .& fill, 2552 c.y. of structural f9l import. 1.247 c.y. of scarify and re -compact soils, 1.453 ay. ofover-excavation structural excavation and Job Description becicML fine grading and erosion control. GE Johnson Construction School District Nl Company LOA Architecture City & County of Denver 25 North Cascade Suite 400 480 East 20th Ave. 1350 E 33rd Ave. Colorado Springs, CO 90903 Denver, CO 80205 423 DPS Stapleton Northfield Campus Sports Complex Denver. CO 80207 (719)473-5321 (303)863-9080 5473.600.00 50% July-15 Tlus project consists of earthwork for a new sports complex including 27.968 c.y. of site cut & fill, 14,558 c.y. of export, fine grading, Job Description structural excavation and backfill, 1.275 tons of road base for the track and erosion control. V `715 Major Projects Duran Excavating, Inc. Has completed In The Past Five'Years Attachment^B" JOB PROJECT OWNER ARCHITECT/ CONTRACT DATE NAME OWNER PHONE NUMBER ENGINEER AMOUNT COMPLETED V estas 357 Vestas Blade Factory Utilities Windsor, CO Weld 970-674-3311 $157,000.00 Feb -10 City of Greeley 1000 loth St 10th. St & 32nd Ave. Storm Greeley, CO 80631 358 Sewer (970)336-4124 (970)336-4121 S542,610.05 June-10 359 / Jefferson County Schools GE Johnson Construction Co/GC 362 Jeffco Open Schools Lakewood, CO (719) 473-5321 $824,366.45 September-10 City of Fort Collins 215 N. Mason Street PO Box 580 Fort Collins, CO 80522 360 Mason Bikc / Pedestrian Trail (970) 222-3546 (970) 416-2292 City of Fort Collins $408,924.00 May-10 West Alameda Parkway Sanitary Green Mountain Water & Sanitation McLaughlin Water Eng. (303) 361 Sewer Project District (303)985-1581 964-3333 $392,025.00 Ma -10 City of Aurora 15151 E. Alameda Parkway 2009 Sanitary Sewer Suite 3500 363 Rehabilitation Project Aurora, CO 80012 (720) 859-4403 City of Aurora S856,525.00 October-10 City of Arvada 8101 Ralston Road 364 Pond Dredging Project Arvada, CO 80002 720-898-7644 City of Arvada $121,030.00 September-10 Denver Public Schools City & County of Denver Denver Public Schools Stapleton 1350 E. 33rd Ave, GE Johnson Construction Co/GC 365 School Denver, CO (719) 473-5321 $544,411.96 May-11 City of Fort Collins 215 N. Mason Street PO Box 580 Fort Collins, CO 80522 Hensel Phelps Construction / G.C. 366 Fort Collins Discovery Museum (970) 222-3546 (970) 352-6565 City of Fort Collins $401.980.00 Jul -11 Colorado State University Stantec 367 CSU Parking Lot Fort Collins, CO (970) 491-0306 (970) 449-8607 $307,540.00 August- 10 Park Creek Metropolitan District 7350 East 29th Avenue, Suite 300 M.A. Mortenson-G.C. Matrix Design Group 368 Stapleton Filing 32 Denver, CO 80238 (720) 920-4300 (303) 572-0200 $4,200,000.00 Febru -12 Phipps/McCarthyJV 1650 N. Victor Street, The Children's Hospital Aurora, CO 80045 1056 East 19th St. Suite 110 Mark Jenkins 370 Children's Hospital Utilities Denver, CO 80202 720-224-9033 H + L Architecture $161,736.00 October-11 City of Longmont / Public Works 1100 South Sherman Street JUB Engineers 371 County Line Road Improvements Longmont, Co. 80501 (303) 651-8310 970-377-3602 $544,411.96 May-11 Town of Bennett Sanitary Sewer Replacement 355 Fourth St RG & Associates 372 under Union Pacific RR Bennett, CO 80102 303-644-3249 (303) 901-4553 S124,416.50 Junc-11 Major Projects Duran Excavating, Inc. Has completed In The Past Five Years Attachment"B" JOB PROJECT OWNER ARCHITECT/ CONTRACT DATE NAME OWNER PHONE NUMBER ENGINEER AMOUNT COMPLETED City of Central City 141 Nevada St Central City 2011 Streetscapes PO Box 249 Northstar Concrete - GC 374 Improvements Project Central City, CO 80427 (970) 203-0500 5350,000.00 November-I1 Crestview Water & Sanitation District 2011 Pecos St Sewer Main 7145 Mariposa St. Gary Hilderbrandt RG & Associates, LLC 375 Replacement Denver, CO 80221 (303) 430-4644 (303) 468-8463 $259,888.00 September- I 1 City of Greeley I000 I Oth St Intersection Improvements - Greeley, CO 80631 Refael Samaniego 378 Highway 85 & 13th St (970) 336-4124 (970) 336-4122 City of Greeley $370,839.00 December-1 City of Aurora 15ISI E. Alameda Parkway 2011 Sanitary Sewer Suite 3500 City of Aurora City of Aurora 379 Rehabilitation Aurora, CO 80012 (303) 739-7100 (303) 739-7100 $407,000.00 June-12 United Water and Sanitation District 8301 East Prentice Avenue, Suite 100 Robert Albbery Civil Resources, LLC (303) 380 Interim Inflow Pipe Project Greenwood Village, CO 80111 (303) 909-5921 833-1416 $273,000.00 March-12 Noble ncrgy 2115 117th Ave. Noble Energy Greeley, CO 80634 Justin Horsch-Project Mgr. GE Johnson Construction 381 District 15 Field Office 970 336-4122 (970) 518-9718 (719) 473-5321 $127,252.00 Ma -12 City and County of Denver Department of Public Works City and County of Denver 201 W Colfax City and County of Denver Engineering Division 382 2012 General Storm Denver, CO 80202 David Shaw (720) 271-8125 (303) 446-3617 $1,736,000.00 November-12 City of Evans I Idr Ave. Waterline 1100 37th Street Dawn Anderson HDR Engineering, Inc. 383 Replacement Evans, CO 80620 (970) 475-1160 (303) 764-1520 $430,000.00 Ma -12 Park Creek Metropolitan District 7350 East 29th Avenue, Suite 300 M.A. Mortenson-G.C. Vision Land Consultants 384 Stapleton Filing I OA Denver, CO 80238 (720) 920-4300 (303) 674-7355 $323,082.00 Au t-12 City of Fort Collins 215 N. Mason Street H.D.R. Engineering PO Box 580 303 E. 17th Ave., Fort Collins, CO 80522 Denver, CO $0203 3851 Fort Collins Transit Center (970) 222-3546 (970) 353-6964 (303) 764-1581 $137,446.00 May-13 Town of Windsor 301 Walnut Street King Survcyors 386 #2 Ditch Trail Paving 2012 Windsor, CO 80550 (970) 217-5266 (970) 539-9445 $266,478,00 November-12 Town of Nunn JVA Engineers Town of Nunn Water System 195 Lincoln Ave. Will Ratz 1319 Spruce Street Boulder, 387 Improvements Nunn, CO 80648 (303) 565-4961 CO 80302 $1,684,992.00 April-13 Denver Metropolitan Major League Studio Completion Baseball Stadium District 3000 Zuni St. 7400 E. Crestline Circle, Ste 200 Denver, CO 80211 3881 Coors Field Parking Structure I Greenwood Village, CO 80111 1 (303) 773-1442 1 (303) 477-9156 1 5500,000.00 March-14 Major Projects Duran Excavating, Inc. Has completed In The Past Five Years Attachment "B" JOB PROJECT OWNER ARCHITECT/ CONTRACT DATE NAME OWNER PHONENUMBER ENGINEER AMOUNT COMPLETED city of Fort Collins 215 N. Mason Street JVA, Incorporated PO Box 580 Heath Construction (G.C.) 25 Old Town Square, Ste. 200 Transfon Maintenance Facility Fort Collins, CO 80522 (970) 221-4195 Ft. Collins, CO 80522 389 Expansion (970)222-3546 John Raycraft (970)225-9099 $226,223.00 April-13 RG & Associates, LLC Crestview Water & Sanitation District 4875 Ward Rd.,, Suite 100 2013 Water Main Replacement 7145 Mariposa St. Mike Parker Wheatridge, CO 80033 390 C.W. Denver, CO 80221 (303) 434-3708 Cell (303) 293-8107 $1,086,635.00 June-13 Bob Villano 13215 Cty Rd. 8 Ft. Lupton, CO 80621 Bob Villano 391 Demolition House (303)210-9842 303)210-9842 na $40,000.00 June-13 Adams County 4430 S. Adams Cty. Pkwy. Adams County Brighton, CO 80601-8218 Rene Valdez Vince Jungles 392 York St. Culvert Replacement (720)523-6991 (720) 523-6991 (720) 523-6963 $198,600.00 Ma -13 CO Christian University GE Johnson onstruction 8787 W. Alameda Ave. 25 N. Cascade Ave, Suite 400 CO Christian University Lakewood, CO 80226 Colo Springs, CO 80903 393 Modular Bldgs (303)725-8621 Mike Kosters (719) 331-6609 $255,413.00 June-13 a m n onsu lung City of Federal Heights Engineers 2380 W. 90th Ave. Charles Esterly 12499 West Colfax Ave. Federal Heights, CO 80260 303412-2521 Lakewood, CO 80215 394 2012 Capital C Imp. (303)412-2521 Phone (303) 431-6100 $537,490.00 November-13 City of Greeley 1000 1 Oth St City of Greeley 65th. Ave. Roadway Greeley, CO 80631 Rafael Samaniego Rafael Sameniego 3951 Improvements (970)336-4124 (970)336-4122 (970)336-4122 $689,000.00 September- 13 The City of Golden City of Golden 1445 Tenth Street Joe Puhr Golden Colorado 80401 Joe Puhr (303)384-8115 396 So. Golden Road Corridor (303)384-8150 (303)384-8115 $1,079,633.25 July-13 CO Christian CO Christian University University Infrastructure 8787 W. Alameda Ave. Larry Cooley 397 -EARTHWORK Lakewood, CO 80226 (303)725-8621 5767,607.00 S tember-14 CO stian University CO Christian University 8787 W. Alameda Ave. Larry Cooley 398 Infrastructure -UTILITIES Lakewood, CO 80226 (303)725-8621 $1,2551280.00 September-14 City of Greeley BHA "Design 1000 1 Oth St. Joe Marcisofsky 1603 Oakridge Dr. 8th Ave. & 16th St. Greeley, CO 80631 970-396-8978 Fort Collins, CO 80525 P399 Pedestrian Improvements 970 336-4122 (970) 223-7577 $47,382.50 November-13 barber Architecture Noble Energy Corporation 2115 117th Ave. 303 16th St. Ste. 300 Greeley, CO 80634 Denver, CO 80202 400 Noble Energy Phasel❑ 970 336-4122 970-336-4122 (303)320-9385 $596,706.00 October-14 Major Projects Duran Excavating, Inc. Has completed In The Past Five Years Attachment"B^ JOB PROJECT OWNER ARCHITECT/ CONTRACT DATE NAME OWNER PHONE NUMBER ENGINEER AMOUNT COMPLETED Boulder County Transportation Boulder County Lefthand Boulder County Transportation District District Canyon Dr. Winter Rd. 2025 14th SL Bill Eliascn 2025 14th St. 401 Flood Repairs Boulder, CO 80302 (720)564-2661 Boulder, CO 80302 $976,000.00 November-13 Tunrikey Builders 3650 35th Ave. Oil States Gas Greeley, CO 80620 265 Basher St. Chad Sanger 402 Oil States Gas Johnstown, CO 80534 970-539-0616 $48,000.00 November-13 GHAFARI Woodward Governor Company 17101 Michigan Ave. Woodward Iron Mountain Phase 1000 East Drake Rd. Dearborn, Ml 48126 403 2 Fort Collins, CO 80525 (970)482-5811 313-441-3000 $45,711.00 Janua -14 Boulder Transportation Department Boulder County Transportation District 5201 St. Vrain Rd. 2025 14th St. Building 5 Jamestown Canyon Dr. Winter Boulder, CO 80302 Bill Eliasen Boulder, CO 80302 404 Roads 720-564-2661 720-564-2661 720-564-2661 52,376,289.00 Fcbru -14 City or LovelandLoveland u is Works 500 East Third St. Duran Excavating, Inc. Department State Highway 287 Underpass, Suite 230 418 N. 9th Ave. 500 E. 3rd St Ste.230 Big Thompson River Path Loveland, CO 80537 Greeley, CO 80631 Loveland, CO 80537 405 Repairs (970)962.2451 (970)351-0192 970-962-2636 $237,256.00 April-14 City of Aurora Duran Excavating, Inc. MWH Americas, Inc. ISI51 E. Alameda Parkway 418 N. 9th Ave. 1801 California St. Ste. 2900 Robinson Gulch Sewer Suite 3500 Greeley, CO 80631 Denver, CO 80202 4061 Realignment Aurora, CO 80012 (970)351-0192 303-382-4952 $222,330.00 May-14 Weld County Public works Duran Excavating, Inc. Department Weld County Dept of Public Works 418 N. 9th Ave. I I I I H. Street Espanola Subdivision 1 111 H. Street Greeley, CO 80631 Greeley, CO 80631 407 Improvements Greeley, CO 80631 (970)351-0192 970-304-6496 $810,543.00 June-14 uran Excavating,Inc. mar City of Greeley 418 N. 9th Ave. 3521 W. Eisenhower Blvd. 20014 Substandard Sewer 1000 1Oth St. Greeley, CO 80631 Loveland, CO 80537 408 Rehabilitation Project Greeley, CO 80631 (970)351-0192 970-667-6286 $517,480.00 August-14 jam2slownt—onstruction UUrHn EXCaVaUng, inc. Services Permanent Repairs to Town of Jamestown 418 N. 9th Ave. Road & Water Distribution PO Box 298 Greeley, CO 80631 410 System Jamestown, CO80455 (970)351-0t92 $2,675,916.90 December-14 s t School District#1 Company LOA Architecture City & County of Denver 25 North Cascade Suite 400 480 East 20th Ave. Stapleton Northfield Campus- 1350 E 33rd Ave. Colorado Springs, CO 80903 Denver, CO 80205 4111Utilities Denver, CO80207 (719)473-5321 (303)863-9080 $1,318,902.00 April-15 oulder County I ransportauon rstnct Duran Excavating, Inc. 2025 14th St. 14332 County Road 64 Lefthand Canyon Dr. Minor Boulder, CO 80302 Greeley, CO 80634 112 Resurfacing & Repair (720)564-2661 (0-151-0192 $1,826,101.00 October-14 Major Projects Duran Excavating, Inc. Has completed In The Past Five Years Attachment"B" JOB PROJECT OWNER ARCHITECT! CONTRACT DATE NAME OWNER PHONE NUMBER ENGINEER .AMOUNT COMPLETED Ut Johnson onstmctton Company Martin/Martin, Inc. Cabela's Inc. 25 North Cascade Suite 400 12499 West Colfax Ave. Cabela's Corporate Expansion One Cabela Drive Colorado Springs, CO 80903 Lakewood, CO 80215 413 Phase I Sidney, NE 69160 (719)473-5321 (303)431-6100 $285,250.00 April-15 uran Excavaung, Inc. KU & ASSOCIaleS, Crestview Water & Sanitation District 14332 County Road 64 4885 Ward Road, 2014 Water Main Replacement 7145 Mariposa St. Greeley, CO 80634 Suite 100 4141 Project Denver, CO 80221 (970)351-0192 Wheat Ridge, CO 80033 $675,647.00 December-14 Lidstone & Associates Duran Excavating, Inc. 4025 Automation Way City of Greeley 14332 County Road 64 Building E Island Grove Well Project Civil 1000 I Oth St. Greeley, CO 80634 Fort Collins, CO 415 Phase Greeley, CO 80631 (970)351-0192 80525 $278,945.00 January-15 City Of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8125: Intersection Improvements at Vine & Shields OPENING DATE: 3:00 PM (Our Clock) June 17, 2015 Financial Services Purchasing Division 215 N. Mason St. 21tl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Clarifications & Revisions Exhibit 3 — Revised Specifications Exhibit 3 — Revised 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. Addendum 1 8125 Intersection Improvements at Vine & Shields Page 1 of 31 DURAN EXCAVATING, INC. Attachment "C" COMPANY EQUIPMENT YEAR DESCRIPTION UNIT # V.I.N # 1995 GMC Pickup A21 1AGDGC24KSZ547507 1999 GMC Sierra Pickup A22 1CTEK14V2XE531807 2001 Ford Pickup A23 1FDAF56F11ED15269 2012 Toyota Tacoma A27 3TMLU4EN4CM082801 2012 GMC 1500 Reg. Cab A28 1GTN2TEOXCZ256642 2013 GMC 2500 Crew Cab A29 1GT125EG6DF190035 2013 GMC 2500 Crew Cab A30 1GT125EG9DF226915 2013 GMC Sierra A31 1GT02ZCGODZ189340 2014 GMC Sierra A32 3GTU2VEC2EG445290 2014 GMC Sierra A33 3GTU2WEJ2EG524298 2011 Chevrolet 1500 Crew Cab A34 3GCPKREA8BG317456 2005 Cat Backhoe Model 420D BH42 FDP-25467 1996 Dynapac Compactor C95 59811135 1998 Dozer D1 3WN01123 2001 Komatsu PC400 LC EX40 A84248 TO- 05 Komatsu PC200 LC EX42 A87280 2003 Komatsu PC228 EX43 20903 2006 Komatsu PC30OLC EX44 A88372 2007 Komatsu EX45 A87182 2005 Komatsu PC30OLC-7L EX46 A81819 2006 Bobcat 325G Mini Excavator EX47 234113410 1981 KD Manitou Forklift F21 606862 2007 Cat 140H Motor Grader G55 OAPM03424 2006 Cat 938 Loader L53 OCRD001912 1999 Cat 938G Wheel Loader w/Forks L54 CAT0938GERTBO1508 2014 Cat 950K FC L55 OFER00752 2014 Cat 938K Wheel Loader L56 OSWL03410 1999 Cat SSL 236 Skid Loader SL51 4YZ00889 2012 Cat SSL 236 Skid Loader SL53 A9HO2118 2014 Cat SSL 236 Skid Loader SL54 CAT0236DJBGZ00740 2008 Site & Plan Pilot RTK Agtek SP1 2CK81602T2 2000 FL702281 Service Truck TK18 1FV6HFBA2YHB97088 1993 Leased Kenworth TK24 1 XKADB9X2PJ582521 2002 International DumpTruck TK29 13784 2002 International DumpTruck TK30 13581 2006 Kenworth Truck Tractor TK31 153767 2015 Kenworth Truck Tractor TK32 1XKZP4TXXFJ431794 1979 Loadking Trailer Belly Dump TL72 8074 2006 Loadking 55Ton Lowboy TL77A 5LKL5335461025964 2006 Loadking Booster TL77B 5LKF1411961026204 DURAN EXCAVATING, INC. Attachment "C" COMPANY EQUIPMENT YEAR DESCRIPTION UNIT # V.I.N # 2012 Smithco Hi -Cap Side Dump Trailer TL78 476060 2007 Sidumpr Side Dump Trailer TL79 2027 1978 Office Trailer Van TL85 T92920 1970 Office STK SMI Trailer TL86 121891 2004 Haul Trailer TL87 16HGB20214U034397 2005 Skid Loader Trailer TL88 1T9P4616X5M73211 1985 Storage Trailer TL89 lS11E8285FE272542 1989 IHC 7140 Case Tractor TR10 JJA0008510 1980 Mack Water Truck WT17 DMM6856S3081 1995 Ford LN 8000 Water Truck WT20 1 FTYR82EOSVA51049 2000 GMC 2000 Gal Water Truck WT21 1GDL7H1C8YJ517306 Tamper Z201 Hotsy Z240 Duetzy Diesel Pump Z280 Gorman Rupp Pump 4" Elec. Z281 JOB REFERENCE SHEET Attachment "D" JOB #: 395 JOB NAME: 65th Ave. Roadway Improvements ADDRESS & LOCATION: 65TH Ave. & U5 Hwy 34 Greeley, CO 80634 OWNER: _ City of Greeley ADDRESS: 1000 loth St. Greeley, CO 80631 TELEPHONE: 970-336-4122 CONTACT & TITLE: Rafael Samaniego, Project Engineer GENERAL CONTRACTOR: Duran Excavating, Inc ADDRESS: 418 N. 9th Ave. Greeley, CO 80631 TELEPHONE: (970) 351-0192 CONTACT & TITLE: PROJECT COORDINATOR: Josh Duran PROJECT SUPERINTENDENT: Larry Duran CIVIL ENGINEER: City of Greeley ADDRESS: 1000 10" 5t. Greeley, CO 80631 CONTACT & TELEPHONE: Rafael 5amaniego 970-396-5334 STARTING DATE: 7/20/13 COMPLETION DATE: BEGINNING CONTRACT AMOUNT: $661,981.75 ENDING CONTRACT AMOUNT: $698,696.45 DESCRIPTION OF WORK: _Reconstruction of exsisting roadway on Hwy 34 & 65'h Ave. Detailed work includes replacement of traffic signal lights, traffic control, asphalt, & concrete paving, electrical, removal of existing asphalt roadway and replace roadway to allow turn lanes and deceleration lanes. Work also included construction of concrete sidewalk, curb & gutter, median work, landscape, irrigation and ling and replacement of a large mass arm for traffic lights. DEI has to construct this pro iect in phases due to having to keep road open during construction. JOB REFERENCE SHEET Attachment "D" JOB #: 378 JOB NAME: Intersection Improvements - Hwy 85 & 131h Street ADDRE55 AND LOCATION: Hwy 85 & 131h ST Greeley, CO OWNER: City of Gree ADDRESS: 10o0 loth 5t Greeley, CO 80631 TELEPHONE: (970) 336-4122 or (970) 396-5334 CONTACT & TITLE: Rafael Samaniego GENERAL CONTRACTOR; Duran Excavating, Inc. ADDRESS: 418 N. 9th Ave. Greeley, CO 80631 TELEPHONE: (970) 351-0192 DEI PROJECT COORDINATOR: Ellie Duran DEI PROJECT SUPERINTENDENT: Larry Duran STARTING DATE: 10/17/11 COMPLETION DATE: 12/14/11 BEGINNING CONTRACT AMOUNT: $370,839.00 ENDING CONTRACT AMOUNT: $459,897.23 DE5CRIPTION OF WORK: Remove approx.. 2,400 sy of existing 8" thick Concrete Intersection. plus shoulder and complete unclassified excavation. Install new 12" concrete pavement and install class 6" roadbase. Work also includes erosion control, density and concrete testing, installation of approx. 500 If of 42" RCP and Concrete Headwall and Extensive Preformed thermoplastic pavement marking. Work is along and at the Intersection of HWY 85 & 13' ST, which required major traffic control. JOB REFERENCE SHEET Attachment "D" JOB #: JOB NAME: Hwy 392 & CR 31 Intersection Improvements PROJECT #: SHE3921-008 ADDRESS AND LOCATION: State Highway 392 & County Rd 31 Weld County OWNER: Colorado Department of Transportation ADDRE55: 2207 East Highway 402 Loveland, CO 80537 TELEPHONE: (970) 622-1276 CONTACT & TITLE: Michael Command GENERAL CONTRACTOR: Duran Excavating, Inc. ADDRE55: 418 N 9th Avenue CO 80631 TELEPHONE: (970) 351-0192 CONTACT & TITLE: Josh Duran, Pro ject Manager Gary Duran, Project Superintendent ENGINEER / Project Mgr: Colorado Department of Transportation ADDRESS: 2207 East Highway 402 Loveland, CO 80537 TELEPHONE: (970) 622-1276 CONTACT & TITLE: Michael Command STARTING DATE: 7/27/08 COMPLETION DATE: 11/30/08 BEGINNING CONTRACT AMOUNT: $314,002.50 ENDING CONTRACT AMOUNT: $371,572,30 DESCRIPTION OF WORK: Project consists of intersection improvements. Work includes adding a turn lane and culvert replacement. Pro iect details include removal of 125 sa. yds of removal and disposal of asphalt,1791 Cubic yards of excavation and embankment construction, sediment removal, 685 tons of road base and 1600 tons of asphalt. Work also included erosion control, asphalt marking, roadway signage, sediment removal, mulching and seeding and traffic control. ATTACHMENT `D' JOB REFERENCE SHEET JOB #: JOB NAME: Nelson Road Improvements ADDRESS AND LOCATION: Nelson Road Airport Road to Nelson Park Ln Longmont. CO 80501 OWNER: City of Longmont ADDRESS: 408 Third Avenue Longmont, CO 80501 TELEPHONE: (303) 651-8310 CONTACT A TITLE: Curtis Ansel GENERAL CONTRACTOR: Duran Excavating, Inc. ADDRESS: 418 N gth Avenue Greeley, CO 80931 TELEPHONE: (970) 351-0192 DEI PROJECT COORDINATOR: Ernest E. Duran DEI PROJECT SUPERINTENDENT: Larry Duran CIVIL ENGINEER: City of Longmont ADDRESS: 408 Third Avenue Longmont. CO 80501 TELEPHONE: (303) 651-8310 STARTING DATE: 9/2007 COMPLETION DATE: 7/2008 Work delayed due to winter shutdown of project as well as delays by utility relocation companies. BEGINNING CONTRACT AMOUNT: 1,530,930.00 ENDING CONTRACT AMOUNT: $1,526,045.00 DESCRIPTION OF WORK: Removal of 14,032 cubic yards of asphalt pavement, curb & gutter, removal of existing storm pipe, excavation and embankment of subgrade (30,000 sy) installation of 12,950 cy asphalt paving and road base, installation of concrete flatwork new storm sewer installation system. 4,620 l.f. of18"-42" RCP sewer and waterline installation and earthwork. Work also included landscape restoration, seeding, water control and mulching. This project is located along Nelson road which required difficult Traffic Control and communications with local residences and businesses. JOB REFERENCE SHEET Attachment "D" JOB #: Job 416 JOB NAME: Brainard Drive Relocation ADDRESS & LOCATION: Brainard Drive & Midway Blvd, Broomfield OWNER: City & County of Broomfield ADDRESS: 1 Descombes Dr. Broomfield. CO 80020 TELEPHONE: 303-438-6250 CONTACT & TITLE: Katie Allen - Pr GENERAL CONTRACTOR: Duran Excavating, Inc. ADDRESS: 14332 County Road 64 Greelev. CO 80631 TELEPHONE: f9701351-0192 DEI PROJECT COORDINATOR: Josh Duran DEI SUPERINTENDENT: Gary Duran CIVIL ENGINEER: Muller Engineering Company ADDRESS: 777 5. Wadsworth Blvd. #4-100 Lakewood, CO 80226 CONTACT & TITLE: Dean Harris TELEPHONE: 303-988-4939 STARTING DATE: COMPLETION DATE: BEGINNING CONTRACT AMOUNT: $1,195,760.90 ENDING CONTRACT AMOUNT: DESCRIPTION OF WORK: Relocation of approximately 4,000 ft. of Brainard Drive. The work includes 14,000 C.Y. of import, installation of 400 I.f. of 36" RCP storm sewer, asphalt removal, installation of 1000 tons of asphalt paving, native landscape restoration. Work also includes demolition of curb, gutter & asphalt, asphalt milling, removal of fencing & culverts, strip & replace topsoil, erosion control, aggregate base course, structural concrete, guardrail, fencing and traffic control and installation of detour pavement. Attachment "E" LARRY D. DURAN Experience: November 1978 to present Project Superintendent Duran Excavating, Inc. Corporate Officer / Secretary June 1971 to November 1978 Equipment Operator / Asst. Superintendent NCC Construction, Greeley, CO Qualifications: Over 30 years Experience in Project Supervision and Management of field operations, Supervision of 14 crews and personnel of 5-100 people and project scheduling from start to finish. Verifiable track record of consistently supervising and completing over 150 projects ranging from $100,000 to $8,000,000 on time and within budget, while maintaining quality control and a positive safety record. • Supervision and construction of Sanitary Sewer Systems and Waterlines Extensive experience with installation of 2" to 42" pipe, installation from 8' to 35' depth, experience working with Copper, Ductile Iron, PVC, HDPE, Fusion Pipe and steel welded pipe. Experience in By-passing sewage systems, meter vaults, dewatering, horizontal direct drilling and boring, and abandoning existing systems. • Supervision and construction of Storm Sewer Systems Experience in 12" to 108" drain pipe including CMP, RCP, Steel Welded Pipe, DIP, HDPE and PVC, installation depths up to 30', drop structures, installation of large storm septors, installation of head walls & wing walls, wet wells, dewatering and installation of box culverts. Installation of inlets, manholes and concrete structures. • Supervision and construction of Water Treatment Plants, Lift Stations, Non -Potable Water systems Extensive experience with installation of 4"-24" raw waterlines and reclaimed water systems, installation of scada systems, construction of treatment plant buildings and hrstallation of pumps. Supervision and construction of Road Improvement projects and airport runways including excavation and embankment work, asphalt and concrete paving, curb & gutter installation and traffic control. Road improvements have included major highway construction, intersection improvements and widening projects, downtown city street reconstruction and landscaping projects. Airport runways include relocation and new construction of runways and taxiways up to 10,000 ft, cement and asphalt paving and associated earthwork, electrical work and other improvements. Supervision and completion of Excavation Projects. Extensive knowledge in earthwork projects, site cut & fills and grading projects up to 500,000 c.y. of dirt, over excavation, structure and foundation excavation, capping landfills up to 300,000 c.y., pond dredging and detention pond excavation and drainage projects, channel excavation and wetland mitigation and blasting. • Supervision and construction of Parks, including soccer and baseball fields and city parks, concrete bike/walking trails and pedestrian bridge construction, landscaping and irrigation systems. Projects have also included construction of campsites for state and local parks. • Supervision and Demolition Projects. Demolition of buildings up to three stories, including wood, brick, metal and concrete buildings, demolition of attached buildings and associated disconnections of utility systems and site demolition projects. • Supervision of Subdivision & Infrastructure projects Project management of subdivision construction including all earthwork and site utilities, coordination of all subcontractors for concrete work, asphalt, utility installation including gas, electric and cable, surveying, landscaping and quality control. ■ Other experience includes erosion control, dewatering, construction of ponds and dams and hazardous materials removal. Detailed knowledge of construction standards and materials, various types of alignment and engineering equipment, as well as reading plans and interpret engineering criteria. Safety Project Supervisor in charge of supervision of company safety policy and procedures. Training provided by National Safety programs and Training, Inc. Knowledgeable in trench boxes and shoring devises and responsible for employee training, weekly safety meetings and following OSHA standards. Pagel of 2 Attachment "E" Certifications & Licenses Row Trenching & Earthwork Supervisor City of Aurora Demo B Supervisor, Class D Drain Layer, Water Service Supervisor City of Denver D- Concrete & Foundation Supervisor City of Denver Fire Suppression System Contractor State of Colorado Training: National safety program and training for federal hazardous materials program. OSHA Stormwater Management and Erosion Control Training Class Completed 40 hours of hazardous waste operation, and emergency response training (29 CFR 19910.120). Completed 6 hours of safety supervisor training and is designated a safety supervisor. Completed refresher for hazardous waste operation and emergency response. Completed 8 hours of confined Space Training and Trench Safety Training. Knowledge of equipment operation including backhoes, scrapers, excavators, loaders, skid steers, graders, dozers compaction equipment and trucking. Clearance for working on Military bases. Page 2 of 2 Attachment "E" GARY L. DURAN Experience: November 1978 to present Project Superintendent Duran Excavating, Inc. Corporate Officer / Treasurer June 1971 to November 1978 Equipment Operator / Asst. Superintendent NCC Construction, Greeley, CO Qualifications: Over 30 years Experience in Project Supervision and Management of field operations, Supervision of 1-4 crews and personnel of 5-100 people and project scheduling from start to finish. Verifiable track record of consistently supervising and completing over 150 projects ranging from $100,000 to $8,000,000 on time and within budget, while maintaining quality control and a positive safety record. Over 30 years experience with all types of construction including open cut sanitary sewer pipe installation, bypass pumping & dewatering, • Supervision and construction of Sanitary Sewer Systems and Waterlines Extensive experience with installation of 2" to 42" pipe, installation from 8' to 35' depth, experience working with Copper, Ductile Iron, PVC, HDPE, Fusion Pipe and steel welded pipe. Experience in By-passing sewage systems, meter vaults, dewatering, horizontal direct drilling and boring, and abandoning existing systems. • Supervision and construction of Storm Sewer Systems Experience in 12" to 108" drain pipe including CMP, RCP, Steel Welded Pipe, DIP, HDPE and PVC, installation depths up to 30', drop structures, installation of large storm septors, installation of head walls & wing walls, wet wells, dewatering and installation of box culverts. Installation of inlets, manholes and concrete structures. • Supervision and construction of Water Treatment Plants, Lift Stations, Non -Potable Water systems Extensive experience with installation of 4"-24" raw waterlines and reclaimed water systems, installation of scada systems, construction of treatment plant buildings and installation of pumps. • Supervision and construction of Road Improvement protects and airport runways including excavation and embankment work, asphalt and concrete paving, curb & gutter installation and traffic control. Road improvements have included major highway construction, intersection improvements and widening projects, downtown city street reconstruction and landscaping projects. Airport runways include relocation and new construction of runways and taxiways up to 10,000 fit, cement and asphalt paving and associated earthwork, electrical work and other improvements. • Supervision and completion of Excavation Proiects. Extensive knowledge in earthwork projects, site cut & fills and grading projects up to 500,000 c.y. of dirt, over excavation, structure and foundation excavation, capping landfills up to 300,000 c.y., pond dredging and detention pond excavation and drainage projects, channel excavation and wetland mitigation and blasting. • Supervision and construction of Parks, including soccer and baseball fields and city parks, concrete bike/walking trails and pedestrian bridge construction, landscaping and irrigation systems. Projects have also included construction of campsites for state and local parks. ■ Supervision and Demolition Projects. Demolition of buildings up to three stories, including wood, brick, metal and concrete buildings, demolition of attached buildings and associated discormections of utility systems and site demolition projects. Supervision of Subdivision & Infrastructure projects Project management of subdivision construction including all earthwork and site utilities, coordination of all subcontractors for concrete work, asphalt, utility installation including gas, electric and cable, surveying, landscaping and quality control. Other experience includes erosion control, dewatering, construction of ponds and dams and hazardous materials removal. Detailed knowledge of construction standards and materials, various types of alignment and engineering equipment, as well as reading plans and interpret engineering criteria. Page 1 of 2 EXHIBIT 1 - REVISED BID SCHEDULE ITEM NO. REM DESCRIPTION UNIT QUANTITY UNIT COST .COST - - 201-00000 CLEARING AND GRUBBING LS 1 $ - 202-00010 REMOVAL OF TREE EA 59 $ - 202-00031 REMOVAL OF FIRE HYDRANT EA 1 $ - 202-00032 REMOVAL OF VALVE EA 1 $ - 202-00035 REMOVAL OF PIPE LF 20 $ - 202-00200 REMOVAL OF SIDEWALK SY 449 $ - 202-00203 REMOVAL OF CURB AND GUTTER LF 680 $ - 202-00205 REMOVAL OF WHEEL STOP EA 9 $ - 202-00210 REMOVAL OF CONCRETE PAVEMENT BY 37 $ - 202-00220 REMOVAL OF ASPHALT MAT SY 6627 $ - 202-00810 REMOVAL OF GROUND SIGN EA 8 $ - 202-00815 REMOVE SIGN (SPECIAL) EA 1 $ - 202-00828 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT LS 1 $ - 202-01000 REMOVAL OF FENCE LF 1093 $ - 203-00010 UNCLASSIFIED EXCAVATION(COMPLETE IN PLACE) CY 2355 $ - 203-00010 MUCK EXCAVATION CY 450 $ - 203-01597 POTHOLING HOUR 50 $ - 206-00510 FILTER MATERIAL (CLASS A) CY 0.7 $ - 207-00210 STOCKPILETOPSOL CY 50 $ - 207-00405 TOPSOIL (SPECIAL) CY 279.4 $ - 208-00018 GRAVELBAG LF 198 $ - 208-00020 SILTFENCE LF 2186 $ - 208-00045 CONCRETE WASHOUT STRUCTURE EA 1 $ - 208-00050 STORM DRAIN INLET PROTECTION EA 2 $ - 208-00070 VEHICLE TRACKING PAD EA 1 $ - 208-00103 SEDIMENT REMOVAL AND DISPOSAL (LABOR) HOUR 20 $ - 208-00105 SEDIMENT REMOVAL AND DISPOSAL (EQUIPMENT) HOUR 20 $ - 208-00205 EROSION CONTROL SUPERVISOR HOUR 40 $ - 210-00010 RESET MAILBOX STRUCTURE EA 1 $ - 210-00035 RESET WATER METER EA 2 $ - 210-00810 RESET GROUND SIGN EA 7 $ - 210-04010 ADJUST MANHOLE EA 4 $ - 210-04015 MODIFYMANHOLE EA 1 $ - 21 U-04050 ADJUST VALVE BOX EA 2 $ - 212-00006 SEEDING (NATIVE) AC 0.11 $ - 212-00032 SOIL CONDITIONING AC 0.11 $ - 212-00040 SOIL PREPARATION (LAWN) AC 0.37 $ - 212-00050 SOD SF 15886 $ - Addendum 1 8125 Intersection Improvements at Vine & Shields Page 2 of 31 Certifications & Licenses: Row Trenching & Earthwork Supervisor D- Concrete & Foundation Supervisor City of Aurora City of Denver Attachment "E" Training: National safety program and training for federal hazardous materials program. Completed 40 hours of hazardous waste operation, and emergency response training (29 CFR 19910.120). Completed 6 hours of safety supervisor training and is designated a safety supervisor. Completed refresher for hazardous waste operation and emergency response. Completed 8 hours of Confined Space Training and Trench Safety Training. Completed 4 hours of Asbestos Removal Training. OSHA Stormwater Management and Erosion Control Training Class Knowledge of equipment operation including backhoes, scrapers, excavators, loaders, skid steers, graders, dozers compaction equipment and trucking. Page 2 of 2 Attachment "E" ERNEST E. DURAN (ELLIE) Experience: November 1983 to Present Estimator /Manager Duran Excavating, Inc. Corporate Officer / President June 1973 to November 1983 Estimator and Job Coordinator NCC Construction Company Greeley, Colorado 80634 Qualifications: Over 30 years experience with all types of construction including open cut sanitary sewer pipe installation, bypass pumping & dewatering, pipeline construction, excavation & earthwork, site utilities, demolition and site infrastructure. Supervision and Estimating, including visiting with owners, reviewing all blueprints and plans, reviewing proposals, completing takeoffs and job cost estimation, scheduling, and organization of suppliers and subcontractors and managing safety and quality control. Project Management for contracted work for projects ranging from $100,000 to over $3,000,000 in size; Duties include organizing and scheduling of subs and suppliers, ordering materials, coordination of all contract paperwork, working with owners and contractors throughout all stages of the job including scheduling as well as being familiar with drawings and have the ability to compensate for engineering conflicts. Project Management and coordinating experience includes: • Sanitary Sewer Systems and Waterlines projects with installation of 2" to 42" pipe, installation from 8' to 35' depth, experience working with Copper, Ductile Iron, PVC, HDPE, Fusion Pipe and steel welded pipe. Experience in By- passing sewage systems, meter vaults, dewatering, horizontal direct drilling and boring, and abandoning existing systems. • Storm Sewer Systems projects ranging from 12" to 108" drain pipe including CMP, RCP, Steel Welded Pipe, DIP, HDPE and PVC, installation depths up to 30', drop structures, installation of large storm septors, installation of head walls & wing walls, wet wells, dewatering and installation of box culverts, inlets, manholes and concrete structures. • Water Treatment Plants Lift Stations Non -Potable Water systems projects including installation of 4"-24" raw waterlines and reclaimed water systems, installation of scada systems, construction of treatment plant buildings and installation of pumps. • Road Improvement projects and airport runways including excavation and embankment work, asphalt and concrete paving, curb & gutter and traffic control. Road improvements have included major highway construction, intersection improvements and widening projects, downtown city street reconstruction and landscaping projects. Airport runways include relocation and new construction of runways and taxiways up to 10,000 ft, cement and asphalt paving and associated earthwork, electrical work and other improvements. • Excavation Projects including site cut & fills and grading projects up to 500,000 c.y. of dirt, over excavation, structure and foundation excavation, capping landfills up to 300,000 c.y., pond dredging and detention pond excavation and drainage projects, channel excavation and wetland mitigation and blasting. • Construction of Parks including soccer and baseball fields and city parks, concrete bike/walking trails and pedestrian bridge construction, landscaping and irrigation systems. Projects have also included construction of campsites for state and local parks. • Demolition Projects of buildings up to three stories, including wood, brick, metal and concrete buildings, demolition of attached buildings and associated disconnections of utility systems and site demolition projects. • Project Management of Subdivision & Infrastructure projects including all earthwork and site utilities, coordination of all subcontractors for concrete work, asphalt, utility installation including gas, electric and cable, surveying, landscaping and quality control. Ernest E. Duran (Ellie) Resume Pagel of 2 Attachment "E" Managerial Duties have consisted of management of business, including estimating, supervision and coordination of engineering department and field department, obtaining bonding, insurance and financing as well as evaluation of financial aspects of daily business. Training: Completed 40 hours of Hazardous Waste Operating and Emergency Response Training (29 CFR 19910.120). Completed 6 hours of Safety Supervisor Training and is a designated Safety Supervisor. Completed refresher for Hazardous Waste Operation and Emergency Response. AGC Certification of Construction Management and Job Estimating, Blue print, labor and management certification, critical path method and scheduling. Computer proficient in Microsoft Windows 2000, Microsoft Word, and Microsoft excel, Computer Ease, Microsoft Project and Agteck and cad files. Ernest E. Duran (Ellie) Resume Page 2 of 2 Attachment "E" JOSHUA J. DURAN Experience: November 2001 to present Estimator / Project Coordinator Duran Excavating, Inc. Education: University Of Wyoming B.S. in Business Communication Graduated May of 2005 Qualifications: Over 5 years Experience in Estimating and Project Coordinating in the field of Construction Operations. Four years of field experience working on mass excavation and utility projects. Supervision and completion of job estimating, including visiting with owners, reviewing all blueprints and plans, reviewing proposals, completing takeoffs and job cost estimation, scheduling, and organize suppliers and subcontractors. Project Coordinator for contracted work; Duties include organizing and scheduling of subs and suppliers, ordering materials, working with owners and contractors throughout all stages of the job including scheduling as well as being familiar with drawings and have the ability to compensate for engineering conflicts. Completion of construction schedules, submittals, progress reports, job cost and budgeting and subcontract agreements. Estimating and Project Coordinating of over 50 projects ranging from $100,000 to $2,000,000 in the following areas: ■ Sanitary Sewer Systems and Waterlines projects with installation of 2" to 36" pipe, installation from 8' to 20' depth, experience working with Copper, Ductile Iron, PVC, HDPE, Fusion Pipe and steel welded pipe. Experience in By-passing sewage systems, meter vaults, dewatering, horizontal direct drilling and boring, and abandoning existing systems. Storm Sewer Systems projects ranging from 12" to 72" drain pipe including CMP, RCP, Steel Welded Pipe, DIP, HDPE and PVC, installation depths up to 30', drop structures, installation of large storm septors, installation of head walls & wing walls, wet wells, dewatering and installation of box culverts, inlets, manholes and concrete structures. • Water Pump Station, Lift Stations & Non -Potable Water systems projects including installation of 4"-24" waterlines, installation of 12 ft. wet wells, 20 ft. deep, water treatment vaults, and installation of pumps. • Road Improvement proiects and airport runways including excavation and embankment work, asphalt and concrete paving, curb & gutter and traffic control. Road improvements have included major highway construction, intersection improvements and widening projects, downtown city street reconstruction and landscaping projects. • Excavation Projects including site cut & fills and grading projects up to 500,000 c.y. of dirt, over excavation, structure and foundation excavation, capping landfills up to 300,000 c.y., pond dredging and detention pond excavation and drainage projects, channel excavation and wetland mitigation and blasting. Other experience includes erosion control, dewatering and construction of ponds. Detailed knowledge of construction standards and materials, various types of alignment and engineering equipment, as well as reading plans and interpret engineering criteria. Joshua J. Duran Resume Page 1 of 1 Attachment "F" Type of License Name Date Date Registered Under Issued Expires BOULDER COUNTY Contractor's License 4/8/14 4/8/17 Lic# CON-14-0073 CITY OF AURORA R.O.W. Earthwork 3/3/15 4/1/16 License #2015 928820 00 CL CITY OF AURORA R.O.W. Trenching 3/3/15 4/1/16 License #2015 928895 00 CL General Business License CITY OF AURORA 8/11/14 8/12/16 #168902 CITY & COUNTY OF BROOMFIELD Class C General Contractor 12/16/14 12/16/15 License #OL-15-08353 CITY AND COUNTY OF DENVER Contractor - Sewer License #235942 Duran Excavating, Inc. 3/23/15 3/31/16 Contractor - D -Water Service (Demo & Fire Line) Duran Excavating, Inc. 3/23/15 3/31/18 License #20287 Larry Duran Supervisor RW-EXCVTR Duran Excavating, Inc. 3/23/15 3/31/16 License # 90539 Demo B License # 012350 Duran Excavating, Inc. 9/25/12 9/30/15 D-Concrete & Foundation Duran Excavating, Inc. 3/3/15 2/28/18 License # 16992 Duran Excavating, Inc. Dept. of Public Works 3/27/15 3/31/16 $31dil IE(4) - Piped Sewer $1.5Mil IE(5) -Sewer Open Channel/Pond Mil IE(1) - Piped Water Attachment "I"' Type of License Name Date Date Registered Under Issued Expires CITY OF EVANS Business and Tax Duran Excavating, Inc. 12/29/2014 12/31/2015 License # 1695 Contractor License #06-0054 CITY OF FEDERAL HEIGHTS Duran Excavating, Inc. 1/9/2015 1/31/2016 CITY OF FT. COLLINS Contractor License Duran Excavating, Inc. 1/9/15 Right -of -Way Contractor License Duran Excavating, Inc. 1/9/15 Asphalt Endorsement Contractor License Duran Excavating, Inc. 1/9/15 Structural Concrete Endorsement Contractor License Duran Excavating, Inc. 1/9/15 Non -Structural Concrete Endorsement Contractor License Duran Excavating, Inc. 1/9/15 Utility Endorsement CITY OF FT. LUPTON General Contractor License 12/9/14 12/31/15 License Type B A12015023 CITY OF GOLDEN Contractor - Registration(GENERAL) 5/7/14 5/30/15 License # 5058 DO NOT RENEW CITY OF GREELEY Concrete and Paving Duran Excavating, Inc. 2/4/15 12/5/15 0200-00046 License # 100754 CITY OF LAKEWOOD Municipal License #16667 Duran Excavating, Inc. 4/8/15 4/8/18 Attachment "F" Type of License Name Date Date Registered Under Issued Expires Department of Public Works CITY OF LOUISVILLE Prequalification Duran Excavating, Inc. 2/5/15 1/30/16 D-Public Way CITY OF WESTMINSTER Contactor Duran Excavating, Inc. 10/21/14 10/31/15 80229041 CRESTVIEW WATER & SANITATION DISTRICT Contractor License #120871 Duran Excavating, Inc. 10/1/14 1011115 ContractorLiocnsc GREENWOOD VILLAGE Do Not Do Not Duran Excavating, Inc. Have Date Have Date STATE OF COLORADO State Buildings Duran Excavating, Inc. 8/31/09 Real estate programs No longer required - Sec wcbsitc Registered Fire Suppression Duran Excavating, Inc. 1/7/15 12/31/15 System Contractor Reg#15-U379 CDOT Prequalification CDOT Prequalification Duran Excavating, Inc. 3/27/15 4/30/16 $7,000,000 Codes #954A Contractor License TOWN OF ERIE 4/5/11 12/31/11 OL-708086 Duran Excavating, Inc. oo NOT RENEW TOWN OF WINDSOR Business License # BL003999 Duran Excavating, Inc. 1110115 12/31/15 (License N changed 12/2014) SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM 1., SUBCONTRACTOR CO-" Ja \�riv`e -21 LC� n�T�nar, ,ty�I 1�.10 . l� nl n � �YL \t c. �L11tiTYCl COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number Project Code Date FfEESE, Contractor Region — ubcontractorstSuppliersNendors: The bidder must list all firms seeking to participate on the contract. This inforja ion is used by the Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (YIN) Selected (YIN) t ntr 6 1 �r\ - r' - tlb Y -t �r 1525 fsaAes,(w \ ) 1Avg, t t � *h C I certify that the Information provided herein is tru d rre t to the best or my knowledge. wr E t e u t 1 Name [Ki-gKaturdA71nitials Title Datc Work Proposed Categories: 11. Structural Steel and Steel Reinforcement 21. Clearing, Demolition. Excavation and i. t.latenals and Supplies 12. Riprap and Anchored Retaining Walls Earluork 2. Flagging and Traffic Control 13. Landscape and Erosion Control 22. Engineering and Surveying Services 3. Trucking and Hauling 14. Bridge and Bridge Deck Construction 23. Public Relations and involvement 4. Precast Concrete, Foundations. and 15. Asphalt Paving 24, Piles and Deep Foundations Footings 16. Road and Parking Lot Afarking 25 Waste Management and Recycling 5. Concrete Paving. Flahyork and Repair 17. Chip Seal, Crack Seel. Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack fill 27. Alechanical and HVAC 7 Signs.. Signal Installation and Guardrail 18. Bridge Painting and Coaling 28 Tunnel Construction 8. Fencing 19 Stairway and Ornamental Alefal 29. Profiling and Grinding 9 Buildings and Vertical Structures 20 Paiking Lots and Commercial Sidewalks 30 Environmental Health and Safety 10 Utility, Water and Sei\er Lines his form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hr_dbeformsPstate.co.us. COOT Form #1413 01114 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project. _ Contact } - Project Code: ` b Phone: Z_ Date of Proposal: t — Email: �: L� ` 0.v Contract Goal. o o Preferred Contact Method kti1 Region: -u Cull v D ECommitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation R�o. CDlCviuto Ire for �1rc���c Corev �, :; . Icy Total Eligible Participation £ y,150 Total Bid Amount <r Total Eligible Participation Percentage t Bidder Signature This section must 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 state or federal laws 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 following: CDOT shall not award a contract until it 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 lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will 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. Name �y Title Signature Date This form must be submitted by the proposal deadline. For CDOT projectg,'subm it to cdWhq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01f14 \ IMS 213-00004 MULCHING (WEED FREE STRAW) AC 0.11 $ - 213 00005 MULCHING (DECORATIVE) CF 1614 $ - 213-00008 MULCHING (WOOD CHIP) CF 166 $ - 213-00067 ROCK MULCH (WEED FREE) SF 2029 $ - 213-00070 LANDSCAPE WEED BARRIER FABRIC SY 734 $ - 213-00440 METAL LANDSCAPE BORDER (118 x41NCH) LF 85 $ - 213-DO700 LANDSCAPE BOULDER EA 117 $ - 214-0000 LANDSCAPE MAINTENANCE LS 1 $ - 214-00215 DECIDIOUS TREE (1.5 INCH CALIPER) EA 8 $ - 214-00220 DECIDIOUS TREE (2 INCH CALIPER) EA 33 $ - 214-00350 DECIDIOUS SHRUB (5 GALLON CONTAINER) EA 120 $ - 214-00506 EVERGREEN TREE (6 FOOT) (BALL AND BURLAP) EA 1 $ - 214-00650 EVERGREEN SHRUB (5 GALLON CONTAINER) EA 34 $ - 214-00910 PERENNIALS (1 GALLON CONTAINER) EA 310 $ - 304-06000 AGGREGATE BASE COURSE (ABC)(CLASS 6) TON 2035.5 $ - 403-00720 HOT MRASPHALT(PATCHING)(ASPHALT) TON 19 $ - 403-33741 HOT MIX ASPHALT (GRADING S) (75) (PG 64.22) TON 730.8 $ - 403-34841 HOT MIX ASPHALT (GRADING S) (75) (PG 64-28) TON 265.7 $ - 412-OO800 CONCRETE PAVEMENT (B INCH) SY 426.6 $ - 412-00801 CONCRETE PAVEMENT Is INCH) (SPEICAL) (DAVIS COLOR TILE RED 1117) SY 216.6 $ - 412-00801 CONCRETE PAVEMENT (8 INCH) (SPECIAL) (DAVIS COLOR OMAHA TAN 5084) SY 286.9 $ - 412-00801 CONCRETE PAVEMENT (B INCH) (SPECIAL) (DAVIS COLOR COCOA 6130) SY 126.3 $ - 412-00850 CONCRETE PAVEMENT(8.5') SY 2823.4 $ - 412-00870 CONCRETE PAVEMENT (8.5")(FAST TRACK) SY 941.1 $ - 420-00300 GEOTEXTILE (REINFORCEMENT) SY 1200 $ - 504-08050 STONE LANDSCAPE WALL SF 295.5 $ - 506-D0210 RIPRAP (91NCH) CY 2 $ - 601-00000 ARTFOUNDATION LS 1 $ - 601-03000 CONCRETE CLASS D CY 21 $ - 602-00000 REINFORCING STEEL LB 829 $ - 60500004 4 INCH NON -PERFORATED PIPE UNDERDRAIN LF 233 $ - 605-00040 41NCH PERFORATED PIPE UNDERDRAIN LF 194 $ - 605-85000 SURFACE SAND FILTER SF 158 $ - 607-11530 FENCE (SPECIAL) LF 210 $ - 608-00006 CONCRETE SIDEWALK (6 INCH) SY 1396 $ - 608-00010 CONCRETE CURB RAMP SY 313 $ - 609-21010 CURB & GUTTER TYPE 2 (SECTION 4B) LF 1084 $ - 609-21020 CURB & GUTTER TYPE 2 (SECTION II-B) LF 2136 $ - 609-21021 CURB & GUTTER TYPE 2 (SECTION IFM) LF 297 $ - Addendum 1 8125 Intersection Improvements at Vine & Shields Page 3 of 31 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO �— Y ANTI-COLLUSION AFFIDAVIT LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the prioe(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who Is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid an this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so 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 promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, In consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent Inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firms bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made In this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. 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. c on!ramofs Ii1m or company nam9 By Dal¢ A ({.� _ram /� v �t �` �1 T tN-� /�- (mow .. ` l ` il= L i)IiAVOa16 2ntl CanUaaWl'9 flan or company Tana. {II ioinl venwra.l By Title Sworn to before s i Z day of, �L y� 20 1 1 � Notary tic USA S DULL NOTARY PUBLIC my colnmuslon STATE OF COLORADO NOTARYIosDo¢g1610o NOTE: This document must be signed in ink. COOT Forth 4606 1102 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: JULY 7, 2015 TO: DURAN EXCAVATING INC. PROJECT: 8125 INTERSECTION IMPROVEMENTS AT VINE & SHIELDS OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 17, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8125 Intersection Improvements at Vine & Shields. The Price of your Agreement is One Million Nine Hundred Fifty -Four Thousand Six Hundred Seventy -Four Dollars and Thirty -Two Cents ($1,954,674.32). The Price represents the Total Base Bid as set forth in Section 300 with the following line item revisions: • 213-00440 Metal Landscape Border (1/8 x 4" ) from $329.00 Per LF to $4.00 Per LF, and this is because of imputing a decimal in the wrong spot. • 609-211020 Curb & Gutter Type 2 (Section II-B) from $11.00 Per LF to 22.50 Per LF, and this is because of imputing a wrong number. 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 July 22. 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. OWNE By: r Gerry Pliul, Purchasilng Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 7th day of July in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Duran Excavating 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 8125 Intersection Improvements at Vine & Shields. ARTICLE 2. ENGINEER The Project has been designed by Wilson & Company Engineers & Architects. 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. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within One Hundred Twenty (120) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Fifteen (15) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Seven Hundred Seventv-Eight Dollars ($1178.00) 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, One Thousand Seven Hundred Seventy -Eight Dollars ($1178.00) for each calendar day or fraction thereof that expires after the Fifteen (15) 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 Nine Hundred Fifty - Four Thousand Six Hundred SeventV-Four Dollars and Thirty -Two Cents ($1,954,674.32), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 1 TITLE SHEET 2 STANDARD PLANS LIST 3 GENERALNOTES 4-8 TYPICAL SECTIONS 9-11 SUMMARY OF APPROXIMATE QUANTITIES 12 TABULATION OF REMOVALS 13-17 REMOVAL PLAN SHEETS 18-20 TREE INVENTORY PLAN SHEETS 21 TABULATION OF SURFACING 22-23 TABULATION OF MISC ROADWAY ITEMS 24 TABULATION OF DRAINAGE AND EARTHWORK 25 PAVEMENT DEFINITIONS SHEET 26-30 ROADWAY PLAN SHEETS 31-32 ROADWAY PROFILE SHEETS 33 VINE AND SHIELDS GEOMETRIC DETAILS 34-35 GEOMETRY EDGE OF PAVEMENT SHEETS 36-42 GEOMETRY MEDIAN DETAILS 43-47 GRADING PLAN SHEETS 48 JOINT DETAIL SHEETS 49-50 CURB RAMP DETAILS 51-52 BIKE ACCESS RAMP DETAILS 53-55 DRIVEWAY PROFILE SHEETS 56-57 FENCE AND MINOR WALL DETAILS 58-61 DRAINAGE DETAILS (CURB CUT DETAILS AND UNDERDRAINS) 62-63 STORM WATER MANAGEMENT PLAN 64-66 EROSION CONTROL PLANS 67-82 LANDSCAPE SHEETS 83-93 IRRIGATION SHEETS 94 TABULATION OF TRAFFIC ITEMS 109 SIGN DETAILS 110-114 SIGNING AND STRIPING SHEETS 115 TRAFFIC CONTROL FOR DETOUR ROUTES 116 TABULATION OF TRAFFIC CONTROL 117-136 TRAFFIC CONTROL PLANS 137-147 CROSS SECTIONS 148-163 ROW PLANS 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. OWNER: CITY OF FORT By: _ D RIN ATTEB Rf Dat By: CITY MANAGER PURCHASING DIRECTOR / Date: 1 d f� / ��JJ Of fORt�C Attest: City Clerk : SEAL Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form \ Assistant City Attorney CONTRA R: DUR EXCAVATING INC By: Printed: FnPsi E DuirnN Title: ?Q pj Date: (CORPORATE SEAL) ss for giving notices: kA S-3 a e%e, Lyy K' o D U LICENSE NO.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8125 Intersection Improvements at Vine & Shields To: Duran Excavating 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: Duran Excavating Inc 93 Title: