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104903 G L HOFF CONSTRUCTION - CONTRACT - BID - 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS
City of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970,221.6707 fcgov.com/Purchasing CONTRACT DOCUMENTS FOR TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS BID NO. 8235 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MARCH 2, 2016 — 3:00 P.M. (OUR CLOCK) 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 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 se to item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by 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 an previous subminak 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements 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. 628. 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 submittal will be at the sole expense and responsibility of CONTRACTOR ConMuing the Work: 629. 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'v General Warranty and Guamntee.• 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage causal by: 630.1.1. 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 petfonn 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 GMERAL COAtDITIOM 1910 8 (1990 Mimi w7 CIIY OF FORT COLUM MODIFICATIONS (RLY 4R000) 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; 6.302.2 recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a oertificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contact Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OW ER 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, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indenmifcadan: 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 any such claim, cost, loss or damage: (i) 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 pan 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 furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in pan by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations rWdless 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 employers by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph631 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 airy such Subomtractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR tender paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or on fissions of any of them. Sarvhal ofObtiga8ons: 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, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related War* at Sue. 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain Gcncral Conditions %in ilar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documerds, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles i i and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable 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 other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cuttiM 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 cuitmg, excavating or otherwise altering their work and willonly 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 under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable FJCDC OENEIW CONDIMOM 1910-8(1990 MUM) 18 wi MY OF FORT COI.LINS MODIFICATIONS (REV 4/2000) 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 repot to ENGINEER in writing any delays, defects or deficiencies in such otter work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. C.oarzlinadon: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will 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, 7A.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authoritv 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 &-OWNER'S RESPONSHIELHIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throughENGINEER 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom-C-WTRAC-I'9R-makes-no-reast»mble-ebjectitm whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8A. OWNERSs duties in respect of providing lands - and easements and providing engineermg surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNERSs identifying and making available to CONTRACTOR copies 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 ehtnir g forth-in-pamgaph0c Sthrmrghs 7.0. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWN"ER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNEWs right to stop Work or suspend Work, we paragaphs 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 not 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 ftanMing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the C it act Documents. -rnn u err..o __tip_ � .:J,._op .het a..nngln orangemams heVr--beeni—made--ter—satisfy _OW NER's ru'sporeAblliTy tlii25peei-TheFiOf-W1i1�3e-a3-S8T-fORdT-tll-t}Y Supplementary Fondittons. ARTICLE 9—ENGP.VF.F:R'S STATUS DURING CONSTRUCTION OWNER'.v Reprewnrattve: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the lunuations 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 ENGINTER I'Lih to Me 9.2. ENGINEER will make visits to Or site at intervalsropiate to the various stages of construction as Z&app GINEEdt deems necessary in order to observe as an experienced and qualified design professional the progress FJCDC GENERAL C0ND1T10M 1910-8 GM Ed mi w! CITY OF FORT COMA NS MODIFICATIONS (REV 420am) that has been made and the quality of the various aspects of CONTRACTOR% executed Work. Bwed on information obtained during such visits and observaticrm ENGINEER 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 contvwous 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. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, dire[, control or have authority over or 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. Project Repremitt ive: 9.3. if OWNER and ENGINEER agree, ENGINEER tall famish a Resident project Represcrdative 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 paragraphs9.3 and 9.13 and in ;he Supplame" Conditkwts of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities aril authority and limitations thereon of such other person will be as provided in oagcAph_U of these: General Conditiam If the ENGINEER furnishes a modem Flag-1 Raone mmtive (j3M or other assistantk on if the OWNER dest_gnales�i Representative or agent all as crovided in oaraaraoh 9.3 of the General Conditions. these Representatives shall have the author and funitations as-Fov—ided in ttaramaph 9.13 of the General Conditions and shall be subject to the followina: 93.1 The Representatives dealings in matters pertaining to the on site wodt will in i ghoul be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER,prm advised about such matters. The F4raaftttye's deal M with subcontractors will only be through or with the full knowledec and approval of the CONTRACTOR 932 Duties and Responsibilities Representative will: 9.32.1.Schedules - Review the prgtreSs 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conference and Meeting - Attend meeting with the CONTRACTOR such as pre construction conferences, progress meetin6 and other iob conferences and prepare and circulate copies of minutes of meetings, 93.23. Liaison 9.3.2.3.1. Serve as ENGtNFFR'S liaison with CONTRACTOR. working principally through CONTRACTORS superintendent to assist the CONTRACTOR in undershandinc the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when rewired for proper execution or the Work. 9.3.23.3. Advise the b'NGINEFR and CONTRACTOR of the commencement of any Work requiring a Shop Drawing samole submission if the submission has not been amroved by the ENGINEER. Q,3.2.4.Review of Work Reiectigl_QI Dgfeaivg Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Wort: m progress to assist the ENGINEER in determining that the Work is�rrocecding,.in accordance with the ConVact Documents 9.32.43. Aecom_pany visiting inspectors ing representoublic or other agencies having jurisdiction ever the Project record the results of these inspections and report to the ENGINEER 9.32.5. Intetgetation of Contract Documents. Report to ENGINEER when claribcatims and interMetatiom of the Contract Documents are needed and transmit to CONTRACTOR clanfication end inlerlxptation of the Contract Docunents as issuer) by the hazf�ir� :I 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestioru far VCDCOM40LALCOND1TIOM 1910-9(1990EQilicn) 20 WICITY OF FORT COI.LINS MODIFICATIONS MEV 42000) modification in Drawings or Specifications and report these recommeraktions to ENOD4-R, Aawately Uanmrit to CONTRACTOR decisions issued by the INGII�ER 9.3.2.7. Records. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and moor supplies of equipment_and materials: 9.3.2$j Fup�sh ENGjER ceriodic reports. as required. of the pL�a of the Work and of the CONTRACTOR'S comoliancc with theprogress schedule and schedule of shop lhawmg and sample �t»r 9,�;2,$,Z,�'c31.�ut�with ENGINEER in advance of scheduling major tests. inspections or start of importam phases of the Work. 9.32.8.3. Draft proposed Chance Orders and Wort: Directive C}wrytes�obtainmg backup material from the CONTRACTOR and recommend to ENGINEER Chm e Orders Work Directive Charges and field 7d� 9.3.2.8.4 Report immediately to FNGINFER and OWNER the occurrence of any accident. — -- 9.3.2 9. Pevment Rewests. Review applications for payntem with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGEN-EER noting articular) the relationshi2 of the payment raluected to the le of values work completed and materials and equpment delivered at the site but not incorporated m the work 9.3.2.10. Completion. 93.110.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items rewiring 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 93'2.10.3. Observe that all items on the final list have been caTeaed or com leted and make recommendations to GINEER concernme accentance 9.3.3. Limitation of Authority: The Representative shall nov 9.3.3.1. Authoriy any deviations from the Contract Documents or accept any substitute Materials or Nuipmem. unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Dowmonts. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcpntraetom or MEMACTQ §-w2 jntsYd,,nt 93 3.4. Advise on or ( dueMio relative to, or assume control over any aspLd of the meaM methods, technique% sequences or gocedures for construction unless such is srxxifncallv called for in the Contract Documents. 9.3.3.5. Advise on m issue directions t=rdm cr assume exmtrol over safety rorrkutions and programs in connections with the 9.3.3.6. Accept Sian or sample submittals from anyone other than the CONTRACTOR 93.3.7. Authorize OWNER to occupy the Wart in whole or in marl. 9.3.3.8. Participate in sceaaliaed field or laboratory tests or mMxci.iorts earducted by others except as specifically authorized by the ENGINEER. Cfan'freations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910E (1990 Edtim) wt CITY of FORT COLT M MODIFICATIONS(REV 42000) requirements of the Contract Documents (in the form of Drawvl s 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 Times and the parties are unable to agree to the amount or extent therefk if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations 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 justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work 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 require 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 Payments: 9.7. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8 In connection with ENGINEER's authority as to Change Orders, we Articles 10, 11. and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Rice Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER'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 tlx: 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 and 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 p", in a form of competent jurisdiction to execsc 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 not be subject to the procedures of paragraph 9.11. Decisions on Distwrea: 9.11. ENGINEER will be 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 l l 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 after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data 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 outer matter will be final and binding upon OWNER and CONTRACTOR urilew. (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 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 after 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 to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 2 EXDCOEI� CONDinoN31910-80990 Eatim) `2 W/CITY OF FORT CULUNS MODIFICATIONS f-V 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 p+rt ality 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 ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of Taal 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 matter -pursuant to-Antcle46. 9.13. Limitations on ENGINEER's Authority and Respansihi&ties: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or trader any other Provision of the Contract Documents nor 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 creatc, impose or give rise to any ditty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or he 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. ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the fuel 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, team and approvals that the results certified indicate compliance with, the Contract Docarnastts. 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 invalidating the Agreement and without notice to any suety, 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, or a Wok Change Directive. Upon receipt of arty 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 Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12, 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to arty Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, otcept in the case of an emergency as provided in paragraph6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 104.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required because of acceptance of defective Wok tinder paragraph 13.13 or correcting defective Work under paragraph 13.14, or CW) agreed to by the parties: 10A.2. changes in the Comract Price or Contract Tunes which are agreed to by the parties; and 10.4.3. 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 arty 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 on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of arry change affecting the general scope of the Work or the provisions of the Contract Documents E.IMC GENERAL CONDIMOM 191" (1990 Eift m) w! QIY OF FORT COW M MODIFICATIONS (REV 4r1000) (ineludigg, but not limited to. Contract Rice or Contract Times) is required by the provisions of any Bond to be given to a surety, the givirnp of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall beat CONTRACTOR's expense without change in the Contract Price. I1?. 'rhe Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGMER promptly (but in no event Inver than thirty days) after the start of the occurrence or event giving rise to the claim and 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 addidonul 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 eroded as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by INGINEER in accordance with paragmph9.11 if OWNER and CONTRACTOR cannot 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 112 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment an the Contract Price will be determined as follows. 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11,93. inclusive): 11.3.2. where the Work invoked 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 11.62); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Wok (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 Ike Work.• 11.4. The tens Cast of the Work means the sum of all cats necessarily incurred mil 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 S: 11.4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNiiR and CONTRACTOR. Such employees shall include without 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 their time spent on the Work. Payroll costs shall include butt be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment excise and payroll taxes, workers' compensation, health tine! -ref remeM benefits, —bonuses a IJ ble thereto. The expenses 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 required in connection therewith All cash discounts stall 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, rebates and refunds 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 or f rr ishcd by Subcontractors if required by OWNER, WDC GENERAL CONDinONS 1910-9 (t990 Edifim) 24 w/ CITY OF FORT ODLUNS MODIRCAT10NS (REV 4I2000) 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 Subcontractors 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 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the vale provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testis laboratories, surveyors, attorneys and accountants employed for services specifically related to the Work. 11.4.5. Supplemental casts including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CON'rRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owmcd by the workers, which arc consumed in the performance of the Work, and cast 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 and 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 costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terns of said rental agreements. The renal 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 Wort:, and for which CONTRACTOR is liable, imposed by Lnws 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 then or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not cumpetuated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furn shing of the Work (except losses and damages within the deductible amounts of property insurmcc established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the neeggligence of CONTRACTOR any Subcontraactor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses 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 feeit however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.437. The cast of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expresaagc and similar petty cash items in connection with the Work, 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. U.S. The tern Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estmators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paaagmph 11.4.4—all 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. I1.53. Any part 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 chase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). FJCDC QMMLAL CONDITIOM 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS OLEV 41200a) I1.5.5. Casts 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 defective 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 airy, kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. 'The COM'RAM'OR'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 costs incurred under paragraphs 11 Al 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' fee shall be five percent; 11.6.2.3. where one or more tiers of subcontmcts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4-2, 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 tie Subcontractor and CONTRACTOR will each be paid a Cx of f+ve percatt-of;he amount -paid to the xx�4lawertierStrbeart9setnF to be negotiated in-go—od_f Lth-vD a file �LwNliR-tzar Dot tQ exceed five percent of the amount paid to the pm lower ter Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4A, I I A5 and 11.5. 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 CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cast of any Work is to be 25 determined pursuant to paragraphs l l.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cast breakdown together with supporting data. Cash Allowances: H.S. It is understood that CONTRACTOR has included in the Contract Price all all(Avances so named in the Contract Documents and shall cause the Walt so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cast 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 Work 11.9.1. Whore 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 stun of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated 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. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOWs overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 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; HJCDCOENEE AI. CONDITIONS 191" (1990 E(itim) 26 w/CITY OF FORT COLUNS MODIFICATIONS(ELEN412o00) and 11.9.32. 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 expanse or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledees that the OWNF,R has the right to add or delete items in the Bid or c antities at OWNER'S sole discretion without a vat the Contract Price of env remaining item so long as the deletion or addition does not exceed twenty-five mcem of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. 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 be 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 accompanied 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 paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contact Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreememt. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR. the Contract Times (or Milestones) will be extended in ;in amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. 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 No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, Schedule of Subcontractors, and all other documents included in Sections 00300 and 00400. 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 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 Tunes (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOWs sole and exclusive remedy for such delay. In no event shall OWNER be liable tc CONTRACTOR, any Subcontractor, any Supplier, any other person or tagarhvation, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (11) delays beyond the control of both parties including, but not limited to, fires floods, epidemics, abnormal weather conndition, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFTCT LEWORK 13.1- Nodee ofDefeas Prompt notice of all defectne Wait 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. Accen to Work.• 13.2. OWNER, ENGINEER ENGINEER's Co sultanK other representatives and personnel of OWN ER, independent testing laboratories and governmental 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 of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspecrimm 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. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspection, tests or approvals covered by paragraph 13.5 below: 13.4.2. that costs inured in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC QUO RAL CONDRIONS 1910.9 (1990 Edition) w/ CITY OF FORT COLUMMODERCATIONS QtEV 412000) 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 representat ve of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspection, 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 inspects= tests or approvals required for OWNER's and ENGiNEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix design% or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any 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 ENGINEER, 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 timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncm,enng War*: 13.8. If anv Work is covered contrary to the written request of tNGINEER it must, if requested by ENGINEER be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENG NINEER's request, shall uncover. expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shallpay all claims, costs losses and damages caused by, arising out of or resulting from such uncovering, exposure, obsenation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or mplacenent of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and if the panties are linable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Rice or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation mspoction, testing, replacement anal recondructioq 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 I I and 12. OWNER May &op 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 st the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not g ve rise to any duty on the part of OWNER to exercise St right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 1311. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated installed or completed, 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, casts, losses and damages caused by or resulting from 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 year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER'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 prod, that is not defective, and (ii) satisfactorily correct or remove and replace arty 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 lass or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting 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. 13.12.2.In special circumstances where a particular item of equipment is placed in cominuous 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 EXT C OENER.U. CONDITIONS 1910$ (1990 edition) 28 w/ CITY OF FORT COLW NS MODIFICATIONS (REV 412000) 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 area yeas two Year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work OWNER (and prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept in, OWNER may do so. CONTRACTOR shalt pay all claims, ousts, 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 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. 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 ENG WEER 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. after seven daye written notice to CONTRACTOR, cared and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In correction 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 CONTRACTORS 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, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINHERs Consultants access to the site to enable OWNER to exercise the rights and remedies under this pamgmph All claims, costs, lasses 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 revisorms 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 partics arc unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, touts, losses and damages will include but not be limited to all casts of repair or replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the incise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 13--PAYMENTS TO CONTRACTOR AND COMPLETION Schedale ojValue& 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 ac o:ptable to ENGINEER. Progress payments on account of Unit Price Work will he based on the number of units completed Applirnlian for Progre s Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONITRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed pry 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 but 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 Licrts 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. Any furck that are withheld by the OWNER shall not be subtect to substitution by the�CONTRACTOR with securities or arr�+ aranments irnolving�n, escrow or custodians bjp_By executing_the_ application k ima t form the CONTRACTOR acoressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, of sea. CONTRA CTOR's Warranty of Tide. 14.3. CONTRACTOR warrants and guarantees that title to all Wok, 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 Liens Review ofApplications for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment either indicate in writing a EXI)C Oe,UAL CONDIMOM 1910.8 (1990 EAtim) w(CITY OF FORT COLLIM MODIFICATIONS OtEV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER'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 Peyment to OWNER with ENGINEERS recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will 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 ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER'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, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for (Snit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibiliry 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 resporistbilities specifically assigtted 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. ENGINEER's recommendation of any payment, including final payment, shell 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 famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may, refuse to recrntmend the whole or any part of any payment if, in ENGINEER's opinion it would be incorrect to make the representations to 29 OWNER referral to in paragraph 14.5• ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommendecl, to such extant as may be necessary in FNGINEEIR's opinion to protect OWNER from loss because: 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 defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of arty of the events enumerated in paragraphs 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 CONTRACCOWs perfomtance or furnishing of the Wok, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a speci6c Bond satisfactory to OWNER to see= the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs 14.7.1 through 14.73 or paragraphs 15.2.1 through 15.2.4 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 adjustmera thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR cbrzects to OWNER'S satisfaction the reasons for such action. Substantial Completion: 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 Thal 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 Work substantially complete. ENGINEER will notify CONTRACTOR in wTitmg giving the reasons therefor. If ENGINEER E CDC OEF>Flt,w CONUTIOt S 191" (1990Edi W) 30 w! CITY OF FORT COII.INS MODIFICATIONS (REV 4r2000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Complcton which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering, such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days alter submission of the tentative ontificate to OWNER notify CONTRACTOR in writing, slating 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 justified after consideration of arty objections lion 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 respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER m writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER'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 Wok after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items of the tentative list Pmtial U6llration: 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 (u) 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 miertcrence with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.I0.I.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 complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such ppaan of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such pert of the Work ready for its intended use and substantially complete and request INGINEER 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 pan 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 provisions 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. 14.10.2. 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 propertyinsurance- final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final ' with OWNER and CONTRACTOR and will noti • with in writing of all particulars in which this inspection reveals that the Wok is incomplete or &fective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5A. certificates of inspection marked -up record documents (as provided in pamgraph6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be 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 (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens 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 mid affidavit of CONTRACTOR that: n the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness rormaacd with the Work for which OWNER or OWNERS property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails E UX OMERAL COMRTIONS 191" (1990 E6dm) VVI MY OF FORT C OUIM MODIFICATIONS (REV 412008) to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to faralim oavmerrl are to be submitted ten forms conforming to the format of the OWNER'S standard forms bound m e Project mmiuel. Final Payment and Acceptance: 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 obligations under the Contmit Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINES R!s recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give wrnen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER wit] return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend 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 accompanyin documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to nrraRraph 17.6.2 of these 0gor al Q di;= 14.14. If: through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final 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 aca-ptcd. If the remaining balance to be held by OWNER for Work no 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, wwept that it shall not constitute a waiver of claims Wainer of Claims.• 14.15. The making and acceptance of final payment will censtitute, 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after MH final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the temps 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 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend 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 die date on which Work will be resumed CONTRACTOR shall resume the Work on the date so faced CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or bath directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER A1ay Terminate: 15.2. Upon the occurrence of arty one or more of the following everts: 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 paragmph29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, alter aiving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and 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 EICDC GENERAL CONDITIONS 1910-8 (1990 E(Sdto) 32 wi CITY OF FORT WLLLNS MODIFICATIONS (REV 42000) 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 Price weeds 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 OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by HNG1N EF.R incorporated in a Change Coder, provided t when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 1.53. Where CONTRACTOR'S 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 thereafter accrue 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; 15.42for expenses sustained 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 Wort:, 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 Stop Work or Ternunare: 15.5. IC through 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 after it is submittedL or OWNER has failed for thirty days tolay CONTRACTOR any sum fatally determined to be duce, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Wart: 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 l l and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORS stopping Work as permitted by this paragraph. l�:>! t�ITtiC�j7T9;i>�1T�1;3��11111S�I►1 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 ExhibkGGA, "Dispute Resolution 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—AUSCELI ANEOUS Giving 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 computed 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. &CDC OEM RAL CONDIMONS 1910-9 (1990 E&kn) w/CITY OF FORT COLGNS MODWICATIONS ptfiw42000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice ofCkdm- 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission o act of the otter party or of any of the other partes employees or agents or otters for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.CwmulativeRemedies: 17.4. The duties and obligations imposed by thee General Conditions and the rights and remedies available hereunder to the parties hereto, amL in particular but without limitation, the waarmnties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12.6.16,6.30, 6.31, 632,13.1,13.12, 13.14, 14.3 and 15.2 and all of the nights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are 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 duty, obligation, right and remedy to which they apply. Professional Fees and Court Cosis Include& 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. j7,S The laws of the State of Colomdo @pply to this 6g a gj , erer a to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed. OWNER is requved b5 law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions. provender, or other supplies used or consumed by CONTRACTOR or his 33 E)CDC OENRR& CONDIMOM 1910-9 (1990 Edition) 34 w! CITY OF FORT COLLINS MODIFICATIONS OLEV 42000) (Thispagc )cft blank intmtionally.) EXW GENERAL CONDIMONS 19105 (1990 EAtim) 35 w QTY OF FORT COLLINS MODIFICATIONS QtEV 412000) E1CDC GENERAL CONDITION31910-8 (1990 E(filim) 36 wl CITY OF FORT ODLUNS MODU7CAnONS a?Z, V 4l2000) 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 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DI3PDTE RESOUITION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Caulitiens of the Construction 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 Docmnents 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 proceeding have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand For arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party 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 Ihiny-day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event 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 limitations. EJCDC GENERAL CONDITIONS 19103 (1990 Eobtiaa) w^CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) 16.4. BxmTt as provided in paragraph 16.5 below. no arbitration wising 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, ENGINEER's Consultant and the officers, directors, agents, employees or consulrants 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 wil I ansc in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragmph; but no such cement shall constitute consent to arbitration of any dispute riot 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 between 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 include 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 ENGINEERk Consultants that does not 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, counterclaims, 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 dusty and ten day time limits within which to file 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 those 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 agreed. OC-A] EICDCOENERAL CONDITIONS 1910-8 (199OEditim) GC•AI wi CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 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: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.5 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 — DB Davis Bacon Wage Rates Add the language on the following pages SC -FED Form FHWA 1273 SC -FED Federal Transit Administration Terms & Conditions Add the language on the following pages January 08, 2016 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES COLORADO HIGHWAY CONSTRUCTION GENERAL DECISION NUMBER - CO160024 NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions, unless such use is first approved by the Standards and Specification Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all federal -aid projects with contracts exceeding $2000, except for non-ARRA projects on roadways classified as local roads or rural minor collectors, which are exempt. Projects on local roads, rural minor collectors, and enhancement projects funded with ARRA funds are not exempt. Decision Nos. CO160024 dated January 08, 2016 supersedes Decision Nos. CO150024 dated January 02, 2015. Modifications ID MOD Number Date Page 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. C0160024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO160024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.73 9.15 1715 Watson 2500 similar or larger 25.04 9.15 Oiler 1716 Weld 24.88 1 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 MASONICONCRETE 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. CO160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 Mesa, Weld 16.23 3.36 L1742 Traffic Control (Flagger) 9.55 3.05 General Decision No. CO160024 The wage and fringe benefits listed below do not reflect collectively bar 3ained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 j PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 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 Backhoe/Trackhoe 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. CO160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 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 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 General Decision No. CO160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotomill 1783 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 General Decision No. C0160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 Larimer 18.96 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. 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 surreys, 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. CO160024 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 VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide 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 forth 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 Forth 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. FHWA-1273 -- Revised May 1, 2012 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. It. 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. 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 contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor vrill 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. 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. 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. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, 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 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 (ii) The classification is utilized in the area by the construction industry; and (Ill) 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 houry 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 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 WH347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.govtesa/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; (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 joumeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of thejoumeyman'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. 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 Govemment contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As 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. SECTION 00300 BID FORM 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 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 firth 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 firth, 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. VIL SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s 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). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s 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, fine, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible, "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in ail 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,gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (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. 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 appiication/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 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. I. 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.ei)ls.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 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 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. ire 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 (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the 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. 12 FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Lanquage These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sue. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Lan-guage The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Those imposed None None None None a. Contracts below on state pass SAT ($100,000) thru to None Contractor Yes, if non- None unless None unless None unless b. Contracts above unless' non- competitive non- non- non- $100,000/Capital competitive award or if competitive competitive competitive Projects award funded thru2 award award award 5307/5309/53 11 II Non State Grantees Those imposed a. Contracts below Yes3 on non -state Yes Yes Yes Yes SAT ($100,000) Grantee pass b. Contracts above Yes3 thru to Yes Yes Yes Yes $100,000ICapital Contractor Projects Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) FEDERAL CHANGES (49 CFR Part 18) Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Lannuage The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S, DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Aqe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1 E) Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Lanquage FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms SECTION 00300 BID FORM PROJECT: 8235 Tavelli Safe Routes to School Improvements Place Fort Collins Date March 2, 2016 In compliance with your Invitation to Bid dated Feb 1 20 1 6and subject to all conditions thereof, the undersigned Hoff Constr'ucTiOrl a (Corporation, Lfimited-Liabikty -C-or any,-Partaership -Joint-Venture; or-Sote-Propnetarj authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum Of 5% of bid amount ($ ) in accordance with the Invitation to Bid and Instructions to Bidders 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds are as follows: Granite Re, Tnc, 14001 Quailbrook Dr, Oklahoma City, OK 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through — 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the bid and must be submitted with the bid. The City may reject any incomplete bids as non -responsive. - Bid Form (Section 00300) shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Lanquage No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1 E) Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs. and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If. after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes, and 2. the contractor, within 110] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. BUY AMERICA REQUIREMENTS (49 U.S.C. 53230) 49 CFR Part 661) Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Mandatory ClauselLanguage The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date _ Signature Company Name Title BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1 E) Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service ContractfFurnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Language No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec. The Contractor agrees to report each violation to the Purchaser and understands and Certified or Cashiers Check Bid Bond (Item 3 above and Section 00410) Acknowledgement of Bid Addenda (Item 7 above) Statement of Bidder's Qualifications (Section 00420) Schedule of Subcontractors (Section 00430) CDOT Form #606, Anti -Collusion Affidavit (Section 00440) - CDOT Form #1413, Bidders List (Section 00450) - CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460) Buy America Certification (Section 00470) Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00480) 9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms and Conditions incorporated herein as part of the Invitation to Bid. This project has a DBE goal of 5%. In order for a bidder to be responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. These good faith efforts must be completed prior to submittal of the bid. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at https /AYww codot.govlbusiness/civilrights/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's goad faith effort needs to be submitted to the City of Fort Collins Purchasing Department by 4PM on the next business day after bid opening. agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements: Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CARGO PREFERENCE REQUIREMENTS (46 U.S.C. 1241 , 46 CFR Part 381) Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment material, or commodities by ocean vessel. FLY AMERICA REQUIREMENTS (49 U.S.C. § 40118, 41 CFR Part 301-10) Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (3) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: BID SCHEDULE 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS Bid Item Contract Item No. Contract Item Unit Estimated Quantities Unit Price Total Cost 1 201-00000 Clearing and Grubbing LS 1 $11.827.50 $ 11.827.50 2 202-00010 Removal of Tree EA 2 $1.031.25 $ 2,062.50 3 202-00220 Removal of Asphalt Mat SY 1232 $10.85 $ 13,367.20 4 202-00821 Removal of Sign Panel EA 6 $100.00 $ 600.00 5 202 Removal of Guardrail LF 122 $17.85 $ 2,177.70 6 203-00100 Muck Excavation CY 77 $72.25 $ 5,563.25 7 203 Borrow (Complete In Place) (R>=40) CY 850 $38.75 $ 32.937.50 8 203 Topsoil/stockpile/Stripping CY 430 $45.25 $ 19,457.50 9 208 Temporary Erosion Control LS 1 $23.816.00 $ 23.816.00 10 210-04010 Adjust Manhole EA 1 $475.00 $ 475.00 11 212-00006 Seeding (Native) AC 0.491 $820.39 $ 402.81 12 212-00032 Soil Conditioning AC 0.491 $4.374.75 $ 2.148.00 13 213-00003 Mulching (Weed Free) AC 0.491 $794.60 $ 390.15 14 403 Hot Mix Asphalt (Patching) (Assumed 6") TON 168 $160.34 $ 26.937.12 15 608-00006 Concrete Sidewalk (6 Inch) SY 1810 $48.00 $ 86,880.00 16 608-00015 Detectable Warning SF 96 $37.751 $ 3.624.00 17 609-21020 Curb and Gutter Type 2 (Section II-8) LF 318 $22.15 $ 7,043.70 18 609 Monolithic Barrier Curb LF 1435 $10.85 $ 15,569.75 19 614 Impact Attenuator (Quadguard II) on Concrete Foundation EA 1 $30,264.40 $ 30,264.40 20 625 Construction Surveying LS 1 $3,750.00 $ 3,750.00 21 626-00000 Mobilization LS 1 $12.615.00 $ 12,615.00 22 630 Construction Traffic Control LS 1 $26.875.00 $ 26,875.00 23 700-70010 F/A Minor Contract Revisions FA 1 $20,000.00 $ 20,000.00 TOTAL BASE BID $ 348,784.08 IN WORDS: Three Hundred Forty Eight Thousand Seven Hundred Eighty Four Dollars and 08/100 a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 5 %. A contract goal of 6 % DBE participation has been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, docurnent adequate good faith efforts to do so, as provided for in 49 CFR 26,53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: 1. The names and addresses of DBE firms that will participate in this contract, 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating, 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal: 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). (if no separate contract goal has been established, use the following) The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors and is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Fort Collins. RECYCLED PRODUCTS (42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873) Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Flow Down These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Language No specific clause is mandated, but FTA has developed the following language. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: PurchasinoC�fcgov.com or calling 970-221-6775. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS CONTRACTOR: GL HOFF CO. DBA HOFF CONSTRUCTION PROJECT NUMBER: 8235 DESCRIPTION: 1. Reason for change: 2. Description of 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: DA DA DA cc: City Clerk Contractor Project File Architect Engineer Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. e 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 ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an X' next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X"): YES, I choose to accept Fuel Cost Adjustments for this project x NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project 11. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewarering, 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 (26%) of the total Agreement Price. RESPECTFULLY SUBMITTED: GL Hoff Co dba Hoff Construction CONTRACTOR BY: Gregory L Hoff iSiga�fu r Date President Title B-6 License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Pair am T Hoff as. 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 No Text PROJECT SPECIAL PROVISIONS Tavelli Safe Routes to School Improvements Federal Aid and Project No. SAR M455-112 November 25, 2015 Prepared By: City Of Fort Collins City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS TAVELLI SAFE ROUTES TO SCHOOL 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 Item Pie Index Pages 2 Notice to Bidders 3 Commencement and Completion of Work 4 Summary of Work 5 Revision of Section 102 - Project Plans and Other Data 7 Revision of Section 105 - Control of Work 8 Revision of Section 106 - Control of Material 11 Revision of Section 107 - Legal Relations and Responsibility to Public 12 Revision of Section 201 - Clearing and Grubbing 13 Revision of Section 202 - Removal of Tree 14 Revision of Section 202 - Removal of Asphalt Mat 15 Revision of Section 202 - Removal of Sign Panel 16 Revision of Section 202 - Removal of Guardrail 17 Revision of Section 203 — Topsoil, Stockpile, & Stripping 18 Revision of Section 208 - Erosion Control 19 Revision of Section 210 - Adjustments 20 Revision of Section 403 - Hot Mix Asphalt (Patching) 21 Revision of Section 608 - Concrete SIDEWALK (6 Inch) 22 Revision of Section 609 — Curb and Gutter 26 Revision of Section 609 — Curb and Gutter 27 Revision of Section 614 — Impact Attenuator (Quadguard II) 28 Revision of Section 630 - Construction Zone Traffic Control 29 Utilities 35 2 ML I IT1WO Ell 1 I] 9-1%� Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized City representative. Project Manager — Robert Mosbey Phone: (970) 221-6659 Engineering Department email: rmosbey(a,fcsov.com City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Senior Buyer — Elliot Dale Phone: (970) 221-6777 Purchasing Department Fax: (970) 221-6707 City of Fort Collins email: edale(a)fcgov.com The above referenced individuals are the only representatives of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract by the City in the "Notice to Proceed". The Contractor shall complete all work in accordance with the Contract within the number of Calendar days as specified in Subsection 108.08 below. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project Software and submitted in hand and electronic formats. Salient features to be shown on the Contractor's Bar Chart Progress Schedule are: (1) Mobilization (2) Construction Surveying (3) Construction Traffic Control (4) Erosion Control (5) Removals (6) Utility Coordination and Relocations (7) Roadway Earthwork (8) Stormwater System (9) Curb and Sidewalk (10) Asphalt Paving (11) Seeding and Landscaping (12) Record Drawings and Project Closeout / Acceptance (as per LCUSS Standard Practice) Subsection 108.08 shall include the following: Substantial Completion for this project will be completed within forty-five (45) working days. Final Acceptance for this project will be completed within fifteen (15) calendar days of Substantial Completion. Final Acceptance is defined as: completed punch list items. 4 SUMMARY OF WORK PART I GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. 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 herdlir 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 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 excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather - dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. 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; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs I and 2, above. 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 Rocky Mountain E-Purchasing System Webpage, www.rockymountainbidsystem.com 2. Come by Purchasing at 215 North Mason St. 2nd floor, Fort Collins, and request a copy of the Bid • 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: Coordination «ith 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 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. City forces will perform the following work as required by this project: • Permanent Pavement Marking • Permanent Signing • Pedestrian & Traffic Signals/Fiber Optic Lines Address Telephone 1815 W 12th Street Loveland, CO 80537 970-669-3255 Email greg@hoffconstruction.com 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(oo,fcaov.com 2. The City will remove existing and install all new pedestrian traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone: 970-222-5533 Email: bsorensonAfcaov.com 3. The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber optic line removal/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(a)fceov.com S. 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. 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. Subsection 105.13 shall include: Surveying Coordination A. The Contractor will be responsible for the Construction Surveying and Staking. City Survey Crews will not perform the surveying required. B. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. C. The Contractor shall be responsible for transferring the information from the construction stakes 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. 10 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: For this project, Contractor process control testing of hot mix asphalt is voluntary. 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 107.01 shall include the following: All hauls routes to and from the site shall be reviewed and approved by the City Engineering Department and the City Traffic Engineer. 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 means any material formed by mixing aggregate and asphalt cement and includes hot mix asphalt, warm mix asphalt, and bituminous concrete. 12 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. Clearing and grubbing shall include the removal of all vegetation necessary to prepare the site for earthwork. All removed debris 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 13 REVISION OF SECTION 202 REMOVAL OF TREE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.02 shall include the following: The Contractor shall coordinate with Ralph Zentz, Assistant City Forester (970-221-6302) prior to removing the tree as identified in the removal plans for removal and/or transplant. All removed debris 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 Removal of Tree Each 14 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing asphalt mat within the project limits 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 shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall be hauled by the Contractor and disposed of at the City's Hoffman Mill asphalt recycling facility (1380 Hoffman Mill Road, Fort Collins). Where the removed asphalt mat abuts asphalt to remain, the asphalt mat shall be sawcut to a neat vertical line. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth. Sawcutting 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 Removal of Asphalt Mat Pay Unit Square Yard 15 REVISION OF SECTION 202 REMOVAL OF SIGN PANEL 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 all signs that will not be reset by City of Fort Collins Traffic Department as shown on the plans or as directed by the Engineer. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Sign Panel Each 16 REVISION OF SECTION 202 REMOVAL OF GUARDRAIL 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 guardrail on the southeast side of the bridge near the irrigation canal as shown on the plans or as directed by the Engineer. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Guardrail Linear Foot 17 REVISION OF SECTION 203 TOPSOIL, STOCKPILE, & STRIPPING Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01 shall include the following: This work includes stripping of the material from the existing edge of asphalt to the catch line, stockpiling this material, and placing topsoil from the proposed back of walk to the catch line as directed by the Engineer. Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Topsoil/Stockpile/Stripping Cubic Yard 18 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 03000-1 - 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 00440 CDOT Form #606, Anti -Collusion Affidavit 00440-1 00450 CDOT Form #1413, Bidders List 00450-1 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00460-1 00470 Buy America Certification 00470-1 - 00470-2 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 00481-1 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 Davis Bacon Wage Rates Form FHWA 1273 Federal Terms & Conditions 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS DUST MANUAL SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti -Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 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 on the Erosion Control Plans and SWMP which include but are not limited to protection of existing trees/landscape, erosion logs, a temporary compacted berm, concrete washout, vehicle tracking pad, and sweeping or as directed by the Project Manager will not be measured and paid for separately but included in a lump sum cost. Pay Item Temporary Erosion Control Pay Unit Lump Sum 19 REVISION OF SECTION 210 ADJUSTMENTS Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.02 shall include the following: Adjust Manhole consists of adjusting and reinstalling the manhole cover at the location and elevation shown on the plans or as directed by the City of Fort Collins project representative. The Contractor shall coordinate with the City of Fort Collins Utility Department prior to adjusting the manhole. Subsection 210.12 shall include the following: Adjust Manhole will be measured by the actual number adjusted and shall include all work and materials necessary to remove, adjust and reinstall items at the location and elevation specified in the plans. Subsection 210.13 shall include the following: Pay Item Pay Unit Adjust Manhole Each REVISION OF SECTION 403 HOT MIX ASPHALT (PATCHING) Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: 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. Prior to the Contractor paving, the final HMA design mixes shall be approved by the City. The Hot mix asphalt for patching section shall consist of the following: 2" (Grading S) (100) (PG 64-28 Modified) 4" (Grading S) (100) (PG 64-22) with 2 Lifts 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 per 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. Pay Item Pay Unit Hot Mix Asphalt (Patching) (Assumed 6") Ton Excavation, preparation, 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. The pay item includes the PG binder grade and will not be measured and paid for separately, but shall be included in the work. 21 REVISION OF SECTION 608 CONCRETE SIDEWALK (6 INCH) Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes construction of concrete sidewalk (west side) and concrete sidewalk/bike (east side) with varying widths and shown on the plans or at locations directed by the Engineer. This work includes the installation of detectable warnings within the concrete sidewalks 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 East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 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: 22 Contrast = A — B2 x 100 Bi Where B1 = Light Reflectance Value (LRV) of the lighter area BZ = LRV of the darker area Absolute black and white will not be permitted. 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: 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. 23 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. B. Score Joints. 1. Score joints shall be '/. of paving depth. 2. 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 (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 24 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. 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. Subsection 608.05 shall include the following: Detectable warnings on sidewalks, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will be measured and paid for by the square foot of detectable warnings installed complete in place. Subsection 608.06 shall include the following: Pay Item Pay Unit Concrete Sidewalk (6 Inch) Square Yard Detectable Warning Square Feet The price of all pay items shall be full compensation for furnishing and placing all materials including excavation, concrete, forms, joint materials, reinforcement, tooling and finishing. 25 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised for this project as follows: Subsection 609.06 shall include the following: The curb and gutter will be measured per linear foot of curb and gutter installed complete in place and shall include all work and materials necessary to install the curb and gutter at the location and elevation specified in the plans. Subsection 609.07 shall include the following: Pay Item Pay Unit Curb and Gutter Type 2 (Section II-B) Linear Feet 26 REVISION OF SECTION 609 MONOLITHIC BARRIER CURB Section 609 of the Standard Specifications is hereby revised for this project as follows: Subsection 609.06 shall include the following: The monolithic barrier curb will be measured per linear foot of monolithic curb installed complete in place with the concrete sidewalk/bike on the east side of the roadway. This monolithic barrier curb will have 12" curb cuts every 20 linear feet and taper from 6" to 0" in height at the ends of the curb in the last 6 feet of curbing. This monolithic barrier curb shall include all work and materials necessary to install the barrier curb with the sidewalk in a monolithic pour, tapering the ends, and installing 12" curb cuts in the barrier curb every 20 linear feet at the location and elevation specified in the plans. The cost of concrete material for the sidewalk/bike will be paid for separately under Section 608 Concrete Sidewalk (6 Inch). Subsection 609.07 shall include the following: Pay Item Monolithic Barrier Curb 27 Pay Unit Linear Feet REVISION OF SECTION 614 IMPACT ATTENUATOR (QUADGUARD II) Section 614 of the Standard Specifications is hereby revised to include the following: This work consists of the installation of the Impact Attenuator (Quadguard II) on a concrete foundation on the southeast side of the bridge near the irrigation canal as shown on the plans and as instructed by the manufacture. Impact Attenuator (Quadguard II) with Tension Strut Backup supplied by: Energy Absorption System Inc. 35 East Wacker Dr., 1 ] 6 Floor Chicago, IL 60601-2076 1-888-32-ENERG Or approved equal Impact Attenuator shall be installed per manufacturer's instructions. Subsection 614.13 shall include the following: Impact Attenuator (Quadguard II) shall be measured by the number of units installed including but not limited to concrete foundation, connecting devices and all other labor, equipment, materials to install the impact attenuator complete in place. Subsection 614.14 shall include the following: Pay Item Pay Unit Impact Attenuator (Quadguard II) on Concrete Foundation Each 28 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned G. L. Hoff Co. dba Hoff Construction Granite Re, 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 the total amount of the bid ---------------- ($ -- ) 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 CJtV 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, 8235 Tavelli Safe Routes to School Improvements. 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 rnay 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. 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 is hereby revised to include the following: This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic control devices including, but not limited to: signs, advance warning arrow panels, variable message boards, barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and the Larimer County Urban Area Street Standards (LCUASS). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. If it is determined by the City of Fort Collins that temporary striping is required, the City will install the required temporary striping. Subsection 630.02 is hereby revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (ex. Crossed our information, information written in long -hand style, etc.). Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties. Subsection 630.09 is hereby revised to include the following: Traffic control through the construction area is the responsibility of the Contractor. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, shall be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices shall be placed and / or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. i] Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a violation or safety issue, the City will order a "Stop Work Order' until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associates with the "Stop Work Order". The Contractor shall be responsible for ensuring safe passage through the work zone for vehicle, pedestrians and bicyclists. The Contractor shall use variable message boards to advice road users about upcoming work on Arterial and Collector Streets. The City will issue direction for the number of boards, general locations for placement and message verbiage. Fully automated variable message boards shall be installed and operate continuously for all work on Arterial and Collector Streets. Two-way traffic shall be maintained at all times unless approved by the City. Lane width shall be maintained at a minimum of ten (10) Feet. 2. The Contractor will provide twenty-four (24) hour minimum notice to the City of Fort Collins Traffic Department when the project operation is near a signalized intersection. Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted on approved forms supplied by the City. A traffic control plan shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). The typical traffic Control plans shall be submitted for approval to the City by 8:00 am, two (2) working days prior to the commencement of work. All plans shall be delivered to the City at 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and Owner shall deduct from compensation $1,000.00 per day for said compensation, as well as the Contractor's forfeiture of payment for all work and materials at that location with no adjustment in the Contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; methods, length and time duration for lane closures and location of flag persons. 2. A tabulation of all traffic control devices on the detailed diagram including, but not limited to: construction signs, vertical panel, vertical panel with light, Type I / II / III barricades, cones, drum channelizing devices and advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 30 3. Number of flaggers to be used. 4. Parking restrictions to be in effect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him / him under this Contract. Subsection 630.10 is hereby revised to include the following: The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City Traffic Control Manager, and when requested by the City, for each TCS utilized on this project. One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the City for approval a minimum of one week prior to commencement of the work. A full-time TCS is not anticipated on this project. It is the intent of the specifications that the Head TCS be the same throughout the project and remains on site at all times during the construction. If, in the opinion of the City, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to the following: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 6. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. 31 7. Flagging in emergency or relief for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 8. Traffic control device set up and removal. 9. Maintain a project traffic control diary which shall become part of the City's records. This diary / log shall be submitted to the City daily and shall include the following information as a minimum: a) Date b) For Traffic Control Inspection, the time of the inspection c) Project description and location d) Traffic Control Supervisor's name e) Types and quantities of traffic control devices used per approved MHT f) List of flaggers used, including start time, stop time and number of flagging hour breaks g) Traffic control problems (traffic accidents, damaged or missing devices and corrective actions taken) Traffic control management shall be maintained on a twenty-four (24) hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on -call" at all times and available upon request of the City during non- working hours. A twenty-four (24) hour telephone number shall be provided to the City prior to commencement of work. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins "Work Area Traffic Control Handbook" and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. The following list reflects devices that may be used on the project or as authorized by the City: "NO PARKING" sign with stand Vertical panel without light Channelizing drum without light Type 1/II barricade without light Type III barricade without light Cone with reflective strip Size A sign with stand Size A Specialty Sign Size B Specialty Sign Safety Fence Light Advance warning flashing or sequencing arrow panel Variable message board Size B sign with stand All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. 32 The Contractor shall provide the services of the Colorado State Patrol or City of Fort Collins Police when necessary during the course of the work as instructed by the City. Associated costs shall be incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City. Flagger hand signs and devices, such as Stop / Slow paddles, will not be measured and paid for seperately, but shall be included in the Work. The flaggers(s) shall be provided with electronic communication devices 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 will not be measured and paid for separately but will be considered subsidiary to the traffic control. Sand bags and caution tape 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 City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the City. However, no payment will be made for additional panel size. The City shall not be responsible for any losses or damage due to theft of vandalism. The City of Fort Collins will not be responsible for any damage caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Subsection 630.15 is hereby revised to include the following: All traffic control costs including, but not limited to, furnishing equipment, equipment set-up / removal / modifications, TCS, Traffic Control Inspection, and flagging personnel, vehicles, phones, hand signs, communication devices, sandbags and all related incidentals required for traffic control under this Contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the City. SPECIAL CONDITIONS FOR WORK ON ARTERIAL AND COLLECTOR STREETS 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Full closures on Arterials and Collectors will be allowed under extreme circumstances and only upon approval from the City. Plans shall be approved a minimum of two (2) weeks prior to commencement of work and / or the time required to adequately notify the public through the media. 3. Construction or repair work will not be permitted at or in the vicinity of an Arterial / Arterial intersection that has major traffic volumes between the hours of 7:00am to 8:30am or 3:30pm to a, 6:00pm (except in the case of an emergency). Work may be done on weekends or extended hours (outside of the 7:00am to 6:00pm window) at Arterial / Arterial intersections with approval from the City. 4. Construction or repair work on Arterial streets, outside of the influence of an Arterial / Arterial intersection, is allowed during the hours of 7:00am to 6:00pm; Monday through Friday excluding holidays. The City will specify the minimum required distance needed from the Arterial / Arterial intersection. Work may be done on weekends or extended hours (outside of the 7:00am to 6:00pm window) with approval from the City. 5. Time restrictions on State Highway 287 (College Avenue) will normally be restricted from 9:00am to 3:00pm. 6. Construction hours, except for emergencies, shall be limited to 7:00am to 6:00pm Monday through Friday excluding holidays, unless authorized by the City in writing. Pay Item Construction Traffic Control 34 Pay Unit Lump Sum UTIILITIES The following Utilities are known to be within the project limits: Utilitv/A¢encv Contact Phone Traffic — City of Fort Collins Syl Mireles (970) 221-6815 Fiber Optic — Comcast Don Kapperman (970) 484-7166 Electric — City of Fort Collins Janet McTague (970) 224-6154 Telephone — Century Link Bill Johnson (970) 490-7501 Gas — Xcel Energy Stephanie Rich (970) 225-7828 ELCO Water District Mike Scheid (970) 493-2044 The work described in these plans and specifications will require coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Engineer. The Contractor shall coordinate expected relocation completion schedules with each utility after notice to proceed. The Contractor shall complete a project schedule and updates to that schedule so that the project will be completed in the time frame allowed in this contract considering utility relocations and utility coordination at the time of construction. The work listed below shall be Performed by the Utilities. • Removal/relocation/reset of pedestrian traffic signals and controller cabinets (City of Fort Collins) • Removal/relocation/reset of electrical cabinets and vaults (City of Fort Collins) The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the work with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. 35 General — The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 811 for locates requests. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. 36 �� '� . �. ,s �... _>; .. N M. ♦' R .• } ; � Y _. �,�;d�� yet}{ , �.i4i" s ' CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Eorthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track -out / Carry -out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 26 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 Page i IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this2nd day of March , 20 16, 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= G. L. Hoff Co. dha Hoff Construction Address: 1815 West 121h Street Lovela , CO 80537 By: Title: `f a`3, ATTEST: By: SURETY Granite Re, Inc. 14001 Ouailbrook Drive Oklahoma City, OK 73134 By: Vy 1L \ 31Q)-tl "#. Q 6-2 A Diane Clementson Title: Attornc; -in-Fact (SEAL) (SEAL) 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual'). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions for specific dust generating activities and sources. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as described in this Manual, within the City of Fort Collins. Page 1 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant - based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Code shall mean the Fort Collins City Code, as amended from time to time. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dustgenerating activity orsource shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Page 2 Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Page 3 Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Synthetic or natural cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track -out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks • Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: Prevent —avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize— reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate— when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices — this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices — this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual. 3. Additional Requirements —When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. Page 7 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Page 8 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 10 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: RUSSELL D. LEAR; DARLENE KRINGS; K'ANNE E. VOGEL; DIANE CLEMENTSON; KAY DILL; WESLEY J. BUTORAC; STEVE J. BLOHM its true and lawful Attorney -in -Facts) for the following purposes, to wit To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: RUSSELL D. LEAR; DARLENE KRINGS; K'ANNE E. VOGEL; DIANE CLEMENTSON; KAY DILL; WESLEY J. BUTORAC; STEVE J. BLOHM may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 3`a day of July, 2013. Kenneth D. Whittin8ron, President STATE OF OKLAHOMA ) s r n L SS: COUNTY OF OKLAIOMA ) Kyle . McDonald, Treasurer On this 3" day of July, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. 4 yDo My Commission Expires:„August 8, 2017 Commission #: 01013257 "°,.- Notak Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 2nd day of March 12016 (.�P� „EqF p" �yarpy,� �C Kyle P. McDonald, Secretary/Treasurer GRO800-1 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. Page 11 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practicefor stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. Page 12 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 "Fort Collins Storm Criteria"; specifically, Volume 3 Chapter 7 "Construction BMPs". The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles — to use a synthetic cover. U Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement makings is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Page 14 3.5 Track -out / Carry -out Above: This figure illustrates on installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment's wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures : (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 16 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Page 17 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. Page 18 (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved and haul roads. Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. Page 20 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: GL Hoff Co dba Hoff Construction 2. Permanent main office address: 1 81 5 W 1 2th Street, Loveland, CO 80537 3. When organized: January 1984, incorporated Oct 13, 1989 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? 32 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) see attached information 7. General character of Work performed by your company: Site work, utilities, all structural and flatwork concrete 8. Have you, or a firm for which you were principal, ever failed to complete any Work awarded to you? no If so, where and why? 9. Have you, or a firm for which you were a principal, ever defaulted on a contract? no If so, where and why?. 10. Are you, or a firm for which you were principal, debarred by any government agency? no (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Page 21 3.9 Open Areas and Vacant Lots e4 ap;c;' Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. Page 22 (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Above: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Page 23 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City's Fort Collins Stormwater Criteria Manual or contract documents and specifications. Page 24 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Page 25 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Page 26 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, on additional best management practice. Page 27 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Page 28 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Page 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Page 30 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 attached information 12. List your major equipment available for this contract. See attached information 13. Experience in construction Work similar in importance to this project: See attached information 14. Background and experience of the principal members of your organization, including officers: See attached information 15. Credit available: $ 250, 000. 16, Bank Reference: Chase Bank, Loveland, Loran Emmons, 970-622-7521 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? Fort Collins and others What class, license and numbers? Class B. #B-6 19. Do you anticipate subcontracting Work under this Contract? yes r cityofFort Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Page 31 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Page 32 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity b /Best Management Practice b o L m O> O v a u0 ; CL v Y O' O uCLo N ny` 0 N C f0 tp �° a ] p �"' bD Y a a o O c c 3 c 3 � m j m m 3 _O O7 D Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Page 33 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Page 34 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Page 35 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parkins Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Page 36 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/bu ilding-design-sta nda rds2. pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Page 37 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.no.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/`cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.htmi Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nim.nih.gov/pubmed/21058155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry -A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 http://deohs.washington.ed u/sites/defau It/files/images/genera I/CroteauThesis. pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bola nder, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/htmi/99771207/99771207.htmi Page 38 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.ca bg.gov/a irgual ity/business-progra ms-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www. biopreferred.gov/BioP referred/faces/cata log/Cata log.xhtm I USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?Projectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fsl6.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-requirements-for-d ust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation Page 39 CDPHE, Demolition and Asbestos Abatement forms and information https:/Jwww.colorado.gov/pacific/cdphe/asbestos-forms Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA — Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA—Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/W ind-Fences-and-Sand-Fences.cfm EPA—Stormwater Best Management Practices: Construction Sequencing http://water. epa.gov/polwaste/npdes/swbm p/Construction-Seq u encing.cfm EPA—Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment — Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec.2009. http://cfPub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.ma ricopa.gov/aq/divisions/compliance/dust/docs/pdf/Ru le%20310-Dust%20H and book. pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Page 40 i0 If yes, what percent of total contract? Andtowhom? see attached subcontractor list Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL no 21. The City of Fort Collins requires General Liability coverage of $1,000,000 and Automotive Liability of $1,000,000. Can you meet these requirements? yes What Company is your insurance carrier? Flood & Peterson, Hitco Ins. 22. What are your companys bonding limitations? 1.5 million 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 Loveland this 2nd dayof March GL Hoff Cc dba Hoff Construction Name of Bidd r Title Miriam T Hoff, Secretary Treasurer State of Colorado County of Larimer Miriam T Hoff 2016. duly sworn deposes and says that he is SecTreas. of Hoff Construction and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. b Subscribed and sworn to before me this -� r / day 20 ��r Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ Page 41 Notary Public l_ JE RRY E KLEIN My commission expires Nfl?ARY PUBLIC STATE OP COLORADO NOTARY ID.19874100830 MY cOMM1IsBION EXPIRES JULY 18 2018 Attachment A: History Our Goal: Our customers come first. We measure our success by the satisfaction of our clients. We believe that we are a partner in the construction process and we take the time to understand the needs of our commercial and industrial clients. By listening to our client and working closely with the engineer and architect, we can provide the attention to detail and commitment to quality our customers deserve and expect. When a completed project meets and exceeds the owner's expectations, then we know we have succeeded in our work. Our Ownership: G.L. Hoff Company dba Hoff Construction has been in business in Loveland under the same ownership since January of 1984. The company was incorporated in 1989 and added the dba in 2007. We have not operated under any other names or other ownership. Gregory L. Hoff, president, has been a licensed Class B International Building Code commercial contractor in northern Colorado since 1976. G.L.Hoff Company is a Colorado Corporation. Our Experience: We are a general contracting company specializing in commercial and industrial construction. We complete structural concrete, site concrete, specialty concrete, excavation and utilities with our own crews. We complete over 80% of our contracts with our own forces. We are a fully bonded and insured commercial general contractor licensed in Weld, Larimer and Boulder Counties as well Greeley, Fort Collins, Longmont and other towns in Northern Colorado. We are a registered business with the State of Colorado. We have completed projects valued at up to 2.8 million with the 2011 completion of the Cardinal Glass manufacturing facility in Loveland. We have completed site concrete projects throughout northern Colorado including pedestrian trails in Loveland, Fort Collins, Longmont and Louisville. Our clients include private and public entities. Our Safety: Hoff Construction has maintained an excellent safety record throughout our 28 years in business. Our company is committed to the safety of our employees and the public. Safety is of primary importance on each job and is an integral part of excellence in construction. We maintain a complete safety program with education and enforcement of safety regulations, safety meetings and training, safety equipment for employees and job sites, and investigations of all accidents. G.L. Hoff Company has completed the safety requirements to receive the Colorado Department of Labor Cost Containment Certification every year since 1994. We comply with all OSHA regulations including a documented safety program, hazard communication program and drug and substance abuse policy. Attachment B Personnel Experience Hoff Construction We are a small, dedicated group who has worked together for many years. Joel Reger and Carl "Chip" Jansma work closely with owners and engineers to provide the accurate, detailed cost proposals owners need to make informed decisions. Joel and Chip then follow through with thorough project management throughout the construction process. They continue to be a resource to the owners even after the warranty period has expired. Greg is both president of the company and the field superintendent where he oversees project construction. He brings his knowledge and experience to each project site to insure top quality construction. In addition to our experience as a general contractor, we work as a subcontractor on specialty concrete projects. Our finishers are ACI certified. With our own equipment and field crews, we complete site work, excavation, demolition and all types of structural, flatwork and specialty concrete. Project Managers: Joel Reger and Chip Jansma Project Superintendent: Greg Hoff Gregory L. Hoff, President and Construction Manager For the past thirty five years, Greg has been involved with all aspects of construction. Greg established G.L. Hoff Company in 1984. Serving as president and project superintendent, Greg is a driving force in the company. Graduating from Northeastern Junior College in 1972 with a degree in Civil Engineering, his early work included surveying and architectural design and drafting. He has held a Class B Commercial Contractor's License with the City of Fort Collins since 1976. Currently, Greg is an IBC licensed contractor in the cities of Loveland, Fort Collins, Longmont and Boulder. Beginning in 1984, Greg established G.L. Hoff Company, a commercial general contracting company which specializes in all types of commercial construction including site work, excavation, structural concrete, and commercial buildings. As president and construction superintendent for G.L. Hoff Company, Greg supervises a wide variety of projects including, schools, churches, city and government projects, city park developments, as well as many light industrial and concrete construction jobs. Greg oversees project scheduling, review of construction procedures and specifications, monitors quality control and safety enforcement on job sites. As president and construction supervisor, Greg works closely with project owners, architects and engineers throughout the project. SECTION 00020 INVITATION TO BID Greg is an active member of the Loveland construction community. He has volunteered his time to the Loveland Construction Advisory Board for over 15 years. While serving as Chairman of this Board, the city adopted licensing for contractors. He also served on a review committee to study the International Building Code prior to its adoption by the City of Loveland Building Department. Joel S. Reger, Estimator and Project Manager Joel has a Bachelor of Science Degree in Construction Management from Colorado State University and over twenty years experience in the construction field. He has continued his education with estimating seminars including training with American Building Company's estimating Access workshop and Master Builder Computer System. He is also an active member of the Sigma Lambda Chi honorary national construction fraternity. During the past twenty six years, as the chief estimator with G.L. Hoff Company, Joel has compiled bids and development estimates for projects valued at up to five million dollars. As chief estimator, he directs the project bidding process as well as the review of specifications. He also works directly with project management, coordinating proposal requests and change orders with the architect or owner, overseeing material orders to insure that the project is completed in a timely manner and according to specifications. Joel is an important and effective member of every Design -Build project with G.L. Hoff Company. He works closely with the owner and architect to understand project goals and provide detailed project budgets and construction options to meet the owner's needs. Attachment C Equipment Tandem Dump Truck with Rock Box Tank Trailer One 320L Caterpillar Crawler Excavator One 928G Caterpillar Loader Two 416 Caterpillar Backhoes One Caterpillar Motor Grader Two Bobcat Loader/Forklifts One Landscape Loader 210C One Lull Telescoping Fork Lift Projects 2016 Bronze Services Facility Expansion Hoff Construction is the general contractor for the site development and building addition for Bronze Services, a sculpture foundry facility in Loveland, Colorado. The project includes the construction of a 3270 SF metal building addition with design coordination and installation for an overhead crane system. The project includes new electrical services as well and plumbing electrical and mechanical work and interior finishes. The project site development includes site grading and preparation, parking lot paving, site concrete and all water, sewer and electrical utility work_ Owner: Tom O'Gorman, 970-667-2723 140 2"d St SE, Loveland, CO 80537 Contract: $460,691, Completion: April, 2016 Lanyon Park Playground Replacement Hoff Construction is the general contractor for this project for the City of Longmont. This project includes the complete renovation of this city park playground including demolition of existing structures, earthwork, concrete paving, irrigation , installation of play surfacing, new playground equipment and landscaping. Owner: City of Longmont 350 Kimbark Street, Longmont, CO 80501 Contact: Kathy Kron, PM, Kathy.kron@longmontcolorado.gov Contract: $179,161. Completion: May 2016 Spangler Park Playground and Restroom Replacement Hoff Construction is the general contractor for the project for the City of Longmont. The scope of this project includes demolition of existing restroom building and playground equipment and installation of new playground, construction of new restroom facility, site work, subgrade preparation, utility hook ups, playground surfacing, concrete curbing and paving, landscaping and irrigation. Owner: City of Longmont 350 Kimbark Street, Longmont, CO 80501 Contact: Kathy Kron, PM, Kathy.kron@)longmontcolorado.gov Contract: $363,540, Completion: July, 2016 Attachment E Completed Projects Diagonal Walk & Stage Improvements This project involves the demolition and removal as well as the replacement of architectural concrete flatwork, site amenities, grading and restoration in the park surrounding the Poudre Library in downtown Fort Collins. Owner: Poudre River Library District 201 Peterson St, Fat Collins, CO 80524 Agent: City of Fort Collins, 215 N Mason St, Ft Collins Contact: Jill Burrell, Ditcsco Services, Prcjeet Manager, 970-690-1889 Contract: $414,926. Completion: .tune, 2014 Concrete Subcontract for New BioLife Plasma Service Building: Loveland Hoff Construction is a subcontractor to WDS Construction on this project in Loveland, CO. We provided all of the concrete work for the new building and site development. our work included the structural foundation with drilled piers, 16,000SF of interior flatwork, 1,220 LF of curb & gutter and 60,043 SF of concrete parking lot pavement. Owner: Build to Suite, Inc General Contractor: WDS Construction Inc I I Rowell St, Beaver Dam, WI 53916 Contact: Scott Schimmers, Project Manager 920-356-1255 Contract: $536,519.25 Completion: August, 2014 Strategic Behavioral Health Clear View Hoff Construction was a subcontractor providing all concrete foundation and interior flatwork for the new 66,000 SF hospital building. Owner: Strategic Behavioral liealth GC: Thomas Construction Group LLCI l l Military Cutoff Road, Suite 191 , Wilmington, NC 28405 Contact: Curtis Newkirk, PM 910-799-2295 cnc+vkirk� thomascansUuctiongroup_com Contract: $563,857 Completion: May 2015 CPS O Street Facility Hoff Construction provided complete project development, design, and construction services for the new Crop Production Services Facility used for the bulk storage and supply/delivery of chemical products for the region's agricultural community. The project includes the following features: Design-BUild planning and permit process with our selected architect and engineering team Site development of an undeveloped 12 acre site including state erosion control permit requirements, site grading with import of approximately 10,000 ton of structural fill, site drainage improvements, soft surface paving and landscaping Construction of a 206 x G1 shop building with restroom facilities, a meeting/break room and an exterior loading dock, Construction of a 45 x 70 concrete blending plant tank farm basin with adjacent 40 x 100 structural concrete loading pad capable of spill containment of a minimum of 1500 gallons of liquid product. Construction of the foundation pad for a 1 million gallon liquid storage tank (tank by others) with a structural concrete loading pad capable of spill containment of a minimum of 1500 gallons of liquid product Owner: Crop Production Services, Inc 3005 Rocky Mountain Avenue, Loveland, CO 80538 Contact: Martin Beauprez, project manager, 970-381-3929 martin.beauprez( cpsaau.com Contract: $1,586,487, Completion: 12-2013 Wall Fence at Highway 34 in Greeley: This project is the construction of 2550 LF of precast concrete wall fence along Highway 34 in the City of Greeley. The scope of work included traffic control, site clearing and demolition of existing fencing, construction of cast in place and precast decorative concrete wail panels, masonry and stone details, decorative metal fence and gate, and landscape seeding. Owner: City of Greeley, 10D0 loth Street, Greeley, CO 80631 Designer: bha Design, Fort Collins, CO Contact: Rafael Samar iego, Project Manager, City of Greeley, 970-336-4122 Contract: $422,479.80 Completion: August 2012 Louisville Recreation & Senior Services Center Landscape Renovation & Stake Park Sitework This project includes demolition, clearing, grubbing, earthwork, landscaping, irrigation, concrete flatwork, cast in place concrete, concrete stairs, railings, steel coping, curb & gutter, retaining walls, sight furnishings, flagpole, lighting, signage, traffic/pedestrian control, and erosion control. Owner: City of Louisville, 717 Main Street, Louisville, CO 80027 Contact: Dean Johnson, Parks Superintendent, 303-335-4774 Contract: $202,900. Completion: August 2012 Plaza & Streetscape Improvements for Old Town Library This project includes demolition of the existing entry area and construction of a new plaza and streetscape at the Old Town Library. The scope includes architectural concrete flatwork, site amenities, grading and restoration. Owner: Poudre River Library District, 201 Peterson Street, Fort Collins, CO 80524 Agent: City of Fort Collins, 215 North Mason, Fort Collins, CO 80524 Contact: Jill Burrell, Ditesco Project Manager, 970-690-1889 Contract: 191,120. Completion: April, 2013 Cardinal Glass We were the General Contractor for this new tempered glass manufacturing facility for Cardinal Glass CG. This fast track project was completed within 5 months and included the extensive remodel and upgrade of an existing 53,000 square foot manufacturing plant as well as the construction of a new 3400 square foot office building. The scope of work included demolition, utilities, sitework, concrete and asphalt paving, truck dock system, landscaping, removal and replacement of concrete floor, plumbing, HVAC, fire protection system, roofing, steel structure for manufacturing equipment, painting, cabinets and all interior finishes. The work was coordinated with the installation of automated manufacturing equipment. Owner: Chris Moore, Plant Manager, 970-669-6065 Cardinal Glass CG, 999 North Van Buren Avenue, Loveland, CO 80537 Engineer: Brent Leslie P.E. 253-474-9449 Sifts & Hill Engineers, Inc. , 4815 Center St. ,Tacoma, WA 98409 Contract: $2,870,864. Completion: September 2011 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15%ofthe contract . None of our subcontractors are supplying 15% or more Hoff Construction is completing the work with our own forces. ITEM SUBCONTRACTOR SECTION 00440 COLORADO DEPARTMENT OF TRANSPORTATION 0?3 uo PAW S ANTI -COLLUSION AFFIDAVITr� Fort Collins, CO I hereby attest that I am the person responsibie withkn my firm tot the final decision as to the pricefs) and amount of this bid or, if not, that I have wrdian authocizalion, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behall of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at Independanfly, without consultation, communication or agreement for the purpose or with the effedl of raslrlcling compelllior with any other firm or person who Is a bidder or potential prime bidder. 2A Neither the prices) hor 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 an the project have been disclosed to me or my firm. 3A. No attempt has been mace tc solicit, cause or Induce any firm or person who Is a bidder or polemist prune 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, 36. No agreement has been promised or solicited for any other firm or person who is a bidder of potential prime bidder on this project to submit an Intenllonally high, noncompetltive or other form of complementary bid on this project. 4. The Ird of my firm is made In good lalth and not pursuant to any consultation, communication, agreement or discussion with, or Inducement or solbllation by or from any firm or person to submit any Intentionally high, roncom- petltNe or other lorm 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 retrain from bidding or to submit any intentionally high, noncompetnlve 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 time 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 Icr my ilrm's submitling any hfentionaty high, nencompelitive or other term of complementary bid, cr 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 responsibildles relating to the preparation, approval a submission of eery Ilrm's bid on this project and have been advised by each of them that he or she has rot participated In any communication, consultation, discussion, agreement, colluslon, 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 aflklavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission et 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. can lavod,u wanmrNnynew. r • LLv�c d GL Hoff Co dba Hoff Construction rare Miriam T Hoff, Sec.Treas d vu,MBepi c {an arwmt Tl namv (II ImN �w,uN l Y NP n/a T,q• ��yl Swom to before me Ibis (7 nd/ day of, m rd r c 26 r•9ary JERKY E KLEIN NOTARY PUBLIC STATE OF COLOWO {ry a,„,,,a..9 NDTARY ID: 1W4106030 NOTE: This document must be signed in ink. MY COMMISSION EXPIRMJULY18 2018 SECTION 00450 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Protect Name and Number Protc:t Code I Proposal Dale Contractor Region Tavelli 3.�T_ 3-2-2016 Hoff Construction SubcontractorslSuppllersNendors! The bidder must list all Firms seeking to participate on the contract This information Is used by the Colofadc Department of Transportation (CDOT) to determine overall goals far the Disadvantaged Business Enterprise Program Failure to submit this form may result in the proposal being rejected. Firm Name Erna I Work proposed (Select all that apply) DBE (YlN) Selected (YfN) Traffic Masters traffic Northern Colo Traffic traffic control n Loveland Ready Mix concrete y Fine Tree Service tree removai y Rocky Mtn Hydroseed seeding IY Connell Resources asp a t y Martin Marietta asphait n Ideal Fencing fenci.ncr v Landmark Engineering CTL Thompson -survey SWNP ertr:itin I certiry that the Information provided herein is true and correct to the best of my knowledge. Name Miriam T Ho 31grialureflitit als ITitle SecTreas Date3- yb Work Proposed Caroporias: 11 Skuclaraf Steel and Slael Rernrorcenlant 2 f. Clearmg, Damciiiiao. Excavatwo eml r A f4 teytelft AndSrmr7kes 12Rrpropand AnclraredRerarwnpWalls Eanhoork 2 Flagging and Traffic Conitot 13,, Lands:epe so Erosion Control 22 Engimering and Sun*ying Services 3 TruckmgandHauhra7 14Bridge anal 8ndpaPack Conshwhun 23PubrocRelaWnsandhivolvemewl 4 Prec86,1 Concrete Fotrndakons. sad 15 Asphalt Pavrrtg 24. Pales and Deop Foandaaom Foohng5 16.Road and ParklnpLot AAarAing 25 WasreAfanagetnerKalldRecyUm(1 5 Concrete Paving Flahswk and Repae 17 Chip Seal. Crack Seal. Jovrl Sea;err9 28. Site Clean Up 6 Lrghwn and Electrical Crack Fell 27. Afechamcalano HVAC 7 Signs Signa) IrWaJlalron. and Guardia.-] 18 Bridge PauNrrrgand Coating 28 Tunnel Construction 6. Fencing 19 .Slowly and onsomantal Atom 29 ProNargand Gnndrng 9 &ukhrpsar d Vertical S!ructures 20 Parkrng tots and Carurrercral Sldeaalks 3fl Environmeotatllearth and Sakt>, 10 Unhty Warel and Serer• t;Ms his form must be submitted by the proposal deadline. For COOT projects, submit to edot h(Ldbeform state%co.as. CDOT Fuml1141361t14 SECTION 00020 INVITATION TO BID Date: February 1, 2016 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on March 2, 2016, for the Tavelli Safe Routes to School Improvements; BID NO. 8235. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of 8235. The Work includes the construction of an approximately 1,000 linear feet multi -use path connecting Tavelli Elementary School and the adjacent Lindenmeier Lake neighborhood. In addition, new signalized pedestrian/school crossing signals will be installed to connect the west side of Lemay to this multi -use path. This is a Federally funded project and the UDBE goal is 6.0%. In order for a bidder to be responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if the goal is not met. These good faith efforts must be completed prior to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part 26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at https://www.codot.gov/business/civilrights/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Purchasing Department by 4PM on the next business day after bid opening. Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if these documents 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. Questions concerning the scope of the bid should be directed to Project Manager, Rob Mosbey at (970) 221-6659 or rmosbey@fcgov.com. SECTION 00460 COLORADO DEPARTMENT O:=TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bicdec Project: 8235 Tavelli Contact. Miriam T Ho Project Code: Phone 970-669-3255 Date of Proposal. March 2F 2016 Email: miriam@hoffconstruction.co contract Goal 6% Preferred Contact Method: email Region: ME Commitments DBE Firm Name Work to Be Perfored Wm Commitment P,mount Eligible Pad ci lion Traffic Masters traffic control 21,500 100% Total Eligible Partici anon Total Bid Rmounl , Total Eli able Participation Percenta e Bidder Signature This section must be signed by an individual with the authority to hind 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 applicade state or federal laws that tie statements made in this document are true and complete to the best your knowledge. Further, you attest that you t.ave 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 proplxal has been submitted, commitments may not be modified or terminated vvitho it the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form +415 for each commitment listed above. If you have not met the contract goal, you will also be required to submt documentation of all good faith efforts to meot 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, Miriam T Hoff Sec.Treas_ 3-2-2016 Name Title Si nature Cate This form must be subm itted by the proposal dead tine. For CDOT projects, suomitio cooc_nq_ane�unn��w� a�e.w.�a. Civil Rights and Business Resource Center CDOT Form #'414 01114 SECTION 00470 BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U. S. C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date March 2, 2016 Signature Miriam T Hoff Company Name GL Hoff Co dba Hoff Construction Title Secretary Treasurer Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C, 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 53230)(2)(8). or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. f110. Certificate of Compliance tivith 49 U. S.C. 5323(1)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(0) and the regulations at 49 C.F.R. Part 661 11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53230)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53236)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title SECTION 00480 APPENDIX a, 49 CFR PART 20 - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119196). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, Hoff Construction , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and discppure, if any.. Signature of Contractor's Authorized Official Miriam T Hoff, b cTreasame and Title of Contractor's Authorized Official FA � _�/ SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: MAY 2, 2016 TO: GL HOFF CO. DBA HOFF CONSTRUCTION PROJECT: 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 2, 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8235 Tavelli Safe Routes to School Improvements. The Price of your Agreement is Three Hundred Forty -Eight Thousand Seven Hundred Eighty - Four Dollars and Eight Cents ($348,784.08). 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 May 17, 2016. 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. 22 Gerry Pduy Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2"d day of May in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and GL Hoff Co. dba Hoff Construction (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 8235 Tavelli Safe Routes to School Improvements. ARTICLE 2. ENGINEER The Project has been designed by Interwest Consulting Group, 1218 W Ash, Suite A, Windsor, CO 80550. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion within forty-five (45) calendar days after Notice to Proceed. 3.2 The Work must be completed by the Contractor and ready for final payment in accordance with Article 14 of the General Conditions within fifteen (15) calendar days after Substantial Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Acceptance: Five Hundred Dollars ($500) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. 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: Three Hundred Forty -Eight Thousand Seven Hundred Eighty -Four Dollars and Eight Cents ($348,784.08), 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: SHEET NO. INDEX OF SHEETS 1 TITLE SHEET 2 M&S STANDARDS PLANS LIST 3-5 GENERAL NOTES 6-7 TYPICAL SECTIONS a SUMMARY OF APPROXIMATE QUANTITIES 9 TABULATION OF BID ITEMS 10-11 DEMOLITION PLANS 12-13 ROADWAY PLANS 14-16 GRADING PLANS 17-18 EROSION CONTROL PLANS 19-22 STORMWATER MANAGEMENT PLAN 23-25 CROSS SECTIONS 26 DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, 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. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Rob Mosbey, with a copy to Elliot Dale, no later than 5:00 PM our clock on February 19, 2016. Questions received after this deadline will not be answered. 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.rockVmountainbidsystem.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 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: F FOR COLLINS By: ERR AU PURCHASING DIRECTOR Date: Sr .Z i 1 Attest: ►(A ekQ City r'- Address for giving n P. O. Box 580 Fort Collins, CO 801, Approved as t orm b Senior Assistant City Attorney CONTRACTOR: GL HOFF CO. DBA HOFF CONSTRUCTION By: Printed: Gr gory L Hoff President Date: May 13, 2016 (CORPORATE SEAL) Attest: Miriam T Hoff, S reas. Address for giving notices: PO Box 7448 Loveland, CO 80537 LICENSE NO.: 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 8235 Tavelli Safe Routes to School Improvements To: GL Hoff Co. dba Hoff Construction 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: GL Hoff Co. dba Hoff Construction 0 Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. GRCO25022 KNOW ALL MEN BY THESE PRESENTS: that GL Hoff Co. dba Hoff Construction 1815 W 12'" Street, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Granite Re. Inc. (Address) 14001 Quailbrook Drive, Oklahoma City, OK 73134 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 Three Hundred Forty -Eight Thousand Seven Hundred Eighty -Four Dollars and Eight Cents ($348 784.08) 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 2nd day of May, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8235 Tavelli Safe Routes to School Improvements. 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, thisi2j�oay of May , 20 o. (Corporate Seal) IN PRESENCE OF: Principal G. L. Hoff Co. dba Hoff Construction itl 81 W. 12th Street, Loveland, CO 80537 (Address) Other Partners By: By: IN PRESENCE OF: Surety Granite Re, Inc../ i G L By: l l it e�Yl P�2i Darlene Krings, Atto ey-in-F t Witness By: 14001 Ouailbrook Drive, Oklahoma City, OK 73134 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that GRCO25022 GL Hoff Co. dba Hoff Construction 1815 W 12'" Street, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Granite Re, Inc. (Address) 14001 Quailbrook Drive, Oklahoma City, OK 73134 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 Three Hundred Forty -Eight Thousand Seven Hundred Eighty -Four Dollars and Eight Cents ($348.784.08) 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 2nd day of May, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8235 Tavelli Safe Routes to School Improvements. 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 12tlday of May, 2016. •- • • iiVU (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: ^ Witness (Surety Seal) Principal By: G. L. Hoff Co. dba Hoff Construction By. { itl 1815 W. 12th Street, Loveland, CO 80537 (Address) Other Partners Surety,Granite Re, Inc. By: Y Dar ene ngs, Attorney-t - act El:V:14001 Quailbrook Drive, Oklahoma City. OK 73134 (Address) NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond. GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: RUSSELL D. LEAR; DARLENE KRINGS; K'ANNE E. VOGEL; DIANE CLEMENTSON; KAY DILL; WESLEY J. BUTORAC; STEVE J. BLOHM; DULCE R. HUGGINS its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: RUSSELL D. LEAR; DARLENE KRINGS; K'ANNE E. VOGEL; DIANE CLEMENTSON; KAY DILL; WESLEY ). BUTORAC; STEVE J. BLOHM; DULCE R. HUGGINS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 18" day of February, 2016. oPPN.T ARE. We Kenneth D. Whittin on, President STATE OF OKLAHOMA ) s e n SS:G COUNTY OF OKLAHOMA) KyleP. McDonald, Treasurer On this 18"' day of February, 2016, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly ,worn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. iPa `e* L C�AVOt My Commission Expires: August 8, 2017 .mW,�.K� Commission #: 01013257 '�VIUrIP�T NotaiEy Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 12th dayof May 2016 . eaE / • U 1f17n--Z,1 Kyle P. McDonald, Secretary/Treasurer GRO800-1 A oRE0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM DOYYVY) libi 5/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ICONTACT NAME- Sandy Schifferns, CIC Flood and Peterson PHONE (970)266-7107 FAX N (970)506-6845 PO Box 578 ADDRESS.SSchifferns@floodpeterson.com Greeley CO 80632 INSURERABITCO General Insurance Corp 20095 INSURED INSURERS .Pinnacol Assurance 41190 GL Hoff Company INSURER C : dba Hoff Construction INSURER D: P.O. Box 7448 INSURER E: Loveland CO 80537 INSURERF: COVERAGES CERTIFICATE NUMBER-CL16411OU21 KLVIJIUN NUMCCK: 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 TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF M O I POLICY EXP MMIDDM'YY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 R MED EXP(Any one person) $ 10,000 $2 000 PD deductible R CLP3635915 4/1/2016 4/1/2017 PERSONAL S ADV INJURY $ 1,000,000 GEKL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY FX7 PRO- JECT ❑ LOC PER Project Aggregate $ OTHER: AUTOMOBILE LIABILITY EDaccdent SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ R ANY AUTO BODILY INJURY (Per accident) $ _ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED R HIRED AUTOS R AUTOS 1t CAP3635916 4/1/2016 4/1/2017 PROPERTY DAMAGE Per accicientl $ Medical paym. $ 5,000 R UMBRELLA LIAR RCLAIMS-MADE OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ A EXCESS LIAR DED I R I RETENTION$ 10,000 $ cuP2810850 4/1/2016 4/1/2017 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? a (Mandatory In NH) N 1 A 2242590 4/1/2016 4/1/2017 H R STATUTE ER El. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT I $ 1 000 000 H ye5 do"De untler DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Project: 8235 Tavelli Safe Routes to School Improvements City of Fort Collins, its officers, agents and employees, and the State of Colorado are included as Additional Insured on the General Liability and Automobile Liability policies as required by written contract with respects to liability arising out of work performed by the named insured. City of Fort Collins 300 Laporte Ave. Fort Collins, CO 80522 ACORD 25 (2014101) INS025 (2nuni) GANGhLLA I IUN 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 S Schifferns, CIC/SSC ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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. SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8235 Tavelli Safe Routes to School Improvements LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: GL Hoff Co. dba Hoff Construction CONTRACT DATE: May 2, 2016 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 20 TO: GL Hoff Co. dba Hoff Construction Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by GL Hoff Co. dba Hoff Construction for the City of Fort Collins project, 8235 Tavelli Safe Routes to School Improvements. 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 May 2, 2016. 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: GL HOFF CO. DBA HOFF CONSTRUCTION (CONTRACTOR) PROJECT: 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS 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: GL HOFF CO. DBA HOFF CONSTRUCTION Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _ day Witness my hand and official seal. Notary Public My Commission Expires: 20_, by SECTION 00660 CONSENT OF SURETY TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER") CONTRACTOR: GL HOFF CO. DBA HOFF CONSTRUCTION PROJECT: 8235 TAVELLI SAFE ROUTES TO SCHOOL IMPROVEMENTS CONTRACT DATE: MAY 2, 2016 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _ day of (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08r30/13) COLORADO DEPARTMENT OF REVENUE Dem r CO 90201 - 0009 (303) 238-SERV (7378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) 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 apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only 1317N2glu19999�i�� 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.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Cant, actor/Account No. (Leave blank if filing for the rsttime) M Period rMMrl Y-MMIYYIQ _ Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Mdde initial Mailing Address city State Zip E-Mail Address Bld amount far your contreet fax number Business Phone number Colorado withholding tax account number Exemption Information Copies o contract or agreement page, identifying the contracting parties, bid amount, type of work and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's number 96 Address of exempt organization City State Zip Principal contact at exempt organization -Last Name First Name Midde Initial Physical location of project site (give actual address when applicable and Clues and/or County Otis) where project Is located) City Stale Zip Principal contact's telephone number Scheduled construction start date immmNY) O Estimated completion date (wowyY)o 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 the business owner, partner or corporate algcer Title of corporate officer Date (MM'DDNYI o (Do not write below this tine) 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 subcortracto's name and address and signing t. 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-O001, 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 OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OP 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 duet has been deleted. EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title DEFINITIONS TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title 1.1 Addenda J 1.2 Agreement ................ ........................ 3 1.3 Application for Payment ...................... I 1.4 Asbestos 1.5 Bid .....................................................1 1.6 Bidding Documents ............................. 1 1.7 Bidding Requirements .........................I 1.8 Bonds 1.9 Change Order ..................................... 1.10 Contract Documents 1.11 Contract Price ..................................... 1 1.12 Contract Times, ................................... 1 1.13 CONTRACTOR ..................................1 1.14 ckfeedw ............................................. J 1.15 Drawings............................................ J 1.16 Effective, Date of the Agreement; ........... 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 1.21b Legal Holidays ....................................2 1.23 Liens .............................._..................2 1.24 Milestone .............................. ........... 17 1.25 Notice of Award........_........_. ............. 2 1.26 Notice to Proceedt ................................ 2 1.27 OWNER .............................................7 1.28 Partial Utilization ................................ 2 1.29 PCBs .................................................. 2 1.30 Petroleum .........................................-2 1.31 Project ..................................... .. ...... * 2 1.32.a Radioactive Material ............................2 1.32b Regular Working Haws ..... ... _ ....... .... 7 1.33 Resident Project kcprcscntativq ............ 2 1.34 Samples ..............................................7 1.35 Shop Drawings .................................... 2 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 Amcndmen� ... ........................ A Page Number 2. PRELIMINARY MATTERS ................................3 2.1 Delivery of Bonds .............................3 2.2 Copies Or Documents ........................ 3 2.3 Commencement of Contract Times-, Notice to Procce4 ............ _3 2.4 Starting the Work ...........................3 2.5-2.7 Before Starting Construction: CONTRACTORS Responsibility to Report, Prelim inary Scheddc% Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference..,,,,_,.... A 2.9 Initially Acceptable Schedules_.,...... 4 CONTRACT DOCUMENTS AMENDING, REUSE .......................................... 4 3.1-12 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 Docunent!k ........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents ......................... AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CON UTIONS; REFERENCE POINTS .........................................5 4.1 Availability of Lands .....................5.6 4.2 Subsurface and Physical Conditions --- ...... -.6 4.11 Reports and Drawings ......................0 4.2,2 Limited Reliance by CONTRAC- TOR Authcrizcd: Technical Data J6 4.2.3 bi&; Notice of Subsurface or Physical Conditions ......... 4 ........ 15 4.2.4 ENGINEERs Review ..................4....6 4.2.5 Possible Contract Documents Change...................... 4 ......... ........ 6 4.2.6 Possible Price and Times Adjustments .......................... ....4-7 4.3 Physical Conditions -Underground Facilities .......................................7 4.3.1 Shown or Indicated..........................7 4.3.2 Not Shown or Indicate4 ................... y 4.4 Reference Points ...............................7 EJCDC CENERAL CONDITIONS 1910 -8 (1990 EDITION) wt CITY OF FORT COLUNS MODrIFICA77ONS (REV 9" 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 2A. 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, and all documents included in Section 00400 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, Article or Paragraph Page Article or Paragraph Page Numhcr & Title Number Number & Title Number 45 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .....................7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bands.............................................. S 5.3 Licensed Sureties and Insurers; Certificates of Insurance. ................... 8 5.4 CONfRACTOR's Liability Insurance......................................... 9 5.5 OWNER's Liability Insurance ............... 5.6 Property Insurance, ......................... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Provision 10 5.9 CONfRACTOR's Responsibility for Deductible Amounts 10 5.10 Other Special Insurance ..................... 10 5.11 Waiver of Rights. ............................... 11 5.12-5.13 Receipt and Application of Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Insa- once; Option to Replace ................... J l 5.15 Partial Utilization --Property Insuran«........................................ I 1 OONTRACCOR'S RESPONSIBILITIES ...............1 l 6.1.6.2 Supervision and Superintendencq....... 11 6.3-6.5 Labor, Materials and Equipment... I1-12 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, .................. J4 6.13 Permits.._.........................................14 6.14 Laws and Regulations ........................ 34 6.15 Taxes...........................................14-15 6.16 Use of Premises................................15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents-, ............. ......... 15 6.20 Safety and Protection .................... J5-16 6.21 Safety Representative ....................... 16 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies....................................116 6.24 Shop Drawings and Sampleq..............16 625 Submittal Proceedures, CON- TRACTOR's Review Prior to Shop Drawing or Sample Submiml 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 Submittals...................................17 6.29 Continuing the Work„...................J7 6.30 CONTRACTOR's General Warranty and Guarantee.............17 6.31-6.33 Indemnification ....... ..................17-18 6.34 Survival of Obligations._ ... ............ JS 7. OTHER WORK ............................... _................ 18 7.1-7.3 Related Work at Site......................IS 7.4 Coordination.................................18 OWNER'S RESPONSIBILITIES ......................... IS 9.1 Communications to CON- TRACTOR .._ .............................18 8.2 Repla«ment of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly When Due..................................IS 8.4 Lands and Easements; Reports and Tests ...............................18-19 8.5 Insurance .............................._....... 19 8.6 Change Orders„ ............................. J9 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Respons bilities ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material19 8.11 Evidence of Financil Arrangements., ............................ 19 ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9.1 OWNERs Representative ................ 19 9.2 Visits to Sitc..................................19 9.3 Project Representative ............. 19-21 9.4 Clarifications and Interpre- tations. ................................ ....... 21 9.5 Authorized Variations in Wrk........ 1 FJCDC OENOUL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUM MODMCA71OM (REV 9/99) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 9.6 Rejecting Defective Work ...................71 9.7-9.9 Shop Drawings. Change Orders and Payments....................................21 9.10 Determinations for Unit Prices,,,,,, 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpret...............22 9.13 Limitations on ENGINEERS Authority and Rcsponsibilitieg..... 2-23 CHANGES IN THE WORK.......................................23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment........................23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders ..,.............................. 23 10.5 Notification of Surety .........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 21-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Work .......... 25 11.6 CONTRACTOR's Fee„......................25 11.7 Cost Records- ..................... ........ 2526 11.8 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 CONTRACTOR's Control......................................2&27 12.4 Delays Beyond OWNER's and CONTRACTORS Control................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DE77EC77YE WORIi..................................................27 13.1 Notice of Defects...............................77 13.2 Access to the Work ...........................27 13.3 Tests and inspections; CONTRACIORs Cooperation,,,,,,,,, 27 13.4 OWNERs Responsibilities: Independent Testing Laboratory.,,,... 27 13.5 CONTRACTOR's Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................77 13.8-13.9 UncoveringWorkatENGI- Number NEER's Request .....................77-28 13.10 OWNER May Stop the Work.........2$ 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ...........................28 13.13 Acceptance ol'Defective Work ..... _... 28 13.14 OWNER May Correct Defective Work..................................... 2 8-29 PAYMENTS TO CONTRACTOR AND COMPLETION.................................................29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment., .................. ............. 29 14.3 CONTRACTOR's Warranty of Title.......................................... 29 14.4-14.7 Review of Applications for Progress Payment;.................29-30 14.8-14.9 Substantial Completion..................30 14.10 Partial Utilization .....................30-31 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 WORM: AND TERMINATION...............................................32 15.1 OWNER May Suspend Work ....... -„32 15.2-15.4 OWNER May Tenn inate ................32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION 33 17. MISCELLANEOUS..........................................33 17.1 Giving Notice.. . ............................. 33 17.2 Computation of Timm...................33 17.3 Notice of Claim ..................... -- ..... 33 17.4 Cumulative Remedies.....................33 17.5 Professional Fees and Court Costs Included. ........................... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 intentionally left blank.......................................35 EY IIBIT GC -A: (Optional) Dispute Resolution Agreement .....................GC -Al 16.1-16.6 Arbitration.............................GC-Al 16.7 Mcdiation..... .......................... PC -AI EJCDC OENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Coll [ins modifications to the General Conditions of the Construction Contract are not shown 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 C014TRACTOR ..........................7.3 Substitutes and 'Or -Equal" Items ...................... §.7.1 Work by OWNER .............................. 2.5. 6.30. 6,34 Access to the -- Lands, OWNER andCONTRACTOR responsibilities .............................. . ............. 4.1 site, related Work ................ 1-1 ......... I .............. 17.2 Work . .......................................... 13.2, 13.14, 14.9 Acts or Omissions--. Acts and Omissions — CONTRACTOR 6.9.1, 9.13.3 ENGINEER ............ ............................. 6.20,9.13.3 OWNER.................................................... 0.20,8.9 Addenda --definition of (also see definition of Specifications) .......(1.6.1.10,6.19),I.l Additional Property Insurances ................................. 5.7 Adjustm ants — Contract Price or Contract Times ...........................).5, 3.5, 4.1, 4.3.2, 4.5.2, ............................. 4,53, 9.4. 9.5, 10.2-10.4. ........................ ........ . ...... 11,12.14.8.15.1 progress schedule...............................................6.6 Agreement -- definition of ...................................................... J.2 "All -Risk" Insurance, policy fornt ........................... 3.42 Allowances, Cash ....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general ................).10, 1.45, 3.5, 5.10, 5.12 6.6.2 .......................... 7.8.2. 6.19. 10.1, 10.4,11.2 .................................... 12.1,13.112.14.7.2 Appeal, OWNER or CONTRACTOR intent tq ......................... 9. 10, 9.11, 10.4, 16.2. 16.5 Application for Payment— definition of ...................................................... J.3 ENGTNEFR`s Responsibility .. ............ .............. 9.9 final payment, .................. 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 ...................... ............... 14.1-14.7 review of ..... .................. ................... __14.4-14.7 Arbitration ...................... .............................. 16.1-16.6 Asbestos -- claims pursuant thereto,,,,,,,,,,,,,,,,,,,,,,, ,„4.5.2,4.5.3 CONTRACTOR authorized to stop Work,,,-,,.... 0.2 definitionof .................................... .................... 1.4 Article or Paragraph Number OWNER responsibility for .............................. 1.5.1,8.10 possible price and tim as change ..................... _.4.5.2 Authorized Variations in Work,,,.,,,,. 3.6, 6.25. 6.27, 9.5 Availability of Lands_ ... ............ ....................... 4.1.8.4 Award, Notice of --defined .......................................1.25 Before Starting Constructiort ........................ ..... 2.5-18 Bid. -definition of ........ .............. 1-5 (1 . 1, 1, 10, 2.3, 33, .. . ............. .... 4.26.4. 6.13, 11,43, 11.9.1) Bidding Documcnits—definition of 1.6(6.8.2) Bidding Requirements—deficutioni Of .........................................1.7 (1.1, 4.16.2) Bonds -- acceptance of ............. ............ . . . . ........ 5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work ............................................11.5.4 definition of ..................... I's delivery of ........ * .... .........2.1, * 2.I, 5.1 final Application for Payment ...... .......... 14.12-14.14 general .................... ............... 1.10, 5.1-5.3. 5.13, 9.13,10.5, 14.7.6 Performance, Payment and Other .................. 5.1-12 Bonds and Insurance —in general ............................... _5 Builder's risk "all-risk" policy form, ........................ 5.6.2 Cancellation Provisions, Insurance; ........ 5.4.11, 5.8, 5.15 Cash Allowances ....................................................111 Certificate of Substantial Completiog ........ 1.38,6.30.2-3. .............................. ............. 14.8,14.10 Certificates of Inspection-„......, ........... 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, ........... A. 1. 4.2.6, 4.5. 5.15, 6.8.2. 9.4 ...............I...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 11.16 Cost of the Work general ............................................... J1.4-11.7 Exclusions to 11.5 Cost Records 11.7 in general ...... ...... J.19.1.44.9.11,10.4.Z 10.4.3, 11 Lump Stan Pricing ..........................................11.3.2 Notification of Surety .......... .............................10.5 Scope o&... ................................................ )0.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC GUNLRAL CONDITIONS 1910 -9 (1990 EDMON) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work 11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times — Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ....... 6.8.2. 9.4. 9.5, 9.11. 10.2, 10.5. 12.1, ......... . 13.9, 13.13, 13.14,14.7,15.1.15.5 Ccntracu.ial ti.me limits.....................................12.2 Delays beyond CONTRACTOR's control. ... ............................... .....................32.3 Delays beyond OWNER's and CONTRACTOR's control.............................12.4 Notification of surety.........................................10.5 Scope of change ................................. .......10.3-10.4 Change Orders -- Acceptance ofDejective Work .... __..................13.13 Amending Contract Ducvmenty ..........................3.5 Cash Allowances..............................................11.8 Change of Contract Price.....................................11 Change of Contract Times..................................12 Changes in the Work ...................... __................ 10 CONTRACTOR's fee.......................................11.6 Cost of the Work ........ ............................... 11.4-11.7 CostRecords ............................. ....................... 11.7 definition of ............................_... ...................... 1.9 emergencies.....................................................0.23 ENGINEERsrespcnsibiltty.......9.8. I0.4, 11.2, 12.1 execution of......................................................30.4 Indemnifictioq .........................412, 6,16. 6.31.633 Insurance, Bonds and 5.10, 5.13,10.5 OWNER may terminate . ............................. 15.2-15.4 OWNER's Responsibility ............................ 8.6, 10.4 Physical Conditions — Subsurfaceand..............................................4.2 Underground Facilities.............................4.3,2 Record Documents .............................._........... b 19 Scope of Change ................................ ....... 10.3-10.4 Substitutes..............................................6.7.3.6.8.2 Unit Price Work...............................................11.9 vahtc of Work, covered by.................................11.3 Changes in the Work.................................................10 Notification of surety........................................10.5 OWNER's and CONTRACTORS responsibilities .................... ........ _............. 10.4 Right to an adjustment......................................102 Scope of change.......................................103-10.4 Claims -- against CONTRACTOR, .............. .............. 6.16 against ENGII4EER.........................................6.32 Against OWNER...............................................6.32 Change of Contract Price ...........................9.4.11.2 Change of Contract Times ..........................QA, 12.1 CONTRACTOR'S ... ...._....4. 7.1, 9A. 9.5, 9.11. 10.2. ........................... 11.2,11.9, 12.1, 13.9, 14.8. ...........................................15.1. 15.5, 17.3 CONTRACTOR's Fee 1I.6 Article or Paragraph Number CONIRACTOR's liability,,.....,., 5.4.6.12, 6.16, 6.31 Cost of the Work..........................-----.....-11.4, 11.5 Decisions on Disputes...............................9.11.. 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement .................. J6.1-16.6 ENGINEER as initial interpretot ....................... 9• 11 Lump Sum Pricing ......................... .............. _ 11.3.2 Noticeof................._........................................17.3 OWNER's...............„...9.4, 9.5, 9.11, 10.2, I1.2, 11.9 ...................12.1. 13.9, 13.13. 13.14, 17.3 OWNER'sliability.............................................. 5.5 OWNER may refuse to make payment,,,,,,,,,,,,,,,„14.7 Professional Fees and Court Costs Included............................... _....................17.5 request for formal decision or) ............................9.11 SuhstituteItems............................. _.............. 6-7.12 Time Extension.................................................12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work .................._ ............ ........ __11.93 Valueof ..............................._..........................1.1.3 Waiver of --on Final Payment.................J4.14. 14.15 Work Change Directive . ............................ _......10.2 written notice required, ......................P.11. 11.2 12.1 Clarifications and InterpretatiorM........... .6.3, 9.4, 9.11 CleanSite ............................ ..................... .......... 4.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ..........................2 3 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 Acceptance...............14.13-14.14 Partial Utilization............................................14.10 Substantial Completion ......................1.39, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules.............................2.9 preconstructioq..................................................2.8 Conflict, Error. Ambiguity. Diwepancy— CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2 7 Construction Machinery, Equipment. etc .................. 5.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents — Amending..........................................................3.5 Bands............................................................. 5.1 EXIDC GENERAL CONDITIONS 1910 •s (1990 EDITION) wi CITv OF FORT COUXNS MODIRCATIOM (REV 9199) Cash Allowances, .............. .... I ............... _11-8 Article or Paragraph Number Change of Contract Price....................................11 Change of Contract Times ..................................12 Changes in the Work .......... ................... _10.4-10.5 check and verily ................................................. 7.5 Clarifications and Interpretations ......................... 3.2.3.6,9.4. 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of ..................911 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gencraIll Insurance...........................................................5.3 Intent 3.1-3.4 minor variations in the Work ..............................3.6 OWNER's responsibility to furnish data ............... 8.3 OWNER's responsibility to make Prompt Payment .......................... $3.14.4,14.13 precedence................................................ 3.1,3.3.3 Record Documents (X 19 Reference to Standards and Specifications of Technical Societies ...................................3.3 Related Work .................................................... 7.2 Reporting and Resolving Discrepancies,,,,,,,, 25, 3.3 Reuseof.............................................................33 Supplementing .................................. ............... 9.6 Termination of ENG114EERs Employment ... ...... 82 Unit Price Work 11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER'S.,....-.., ... ........... _ 9.2 Contract Price — adjustment of ...............3.5, 4.1, 9.4, 10.3, 11.2-113 Changeof..... . . ...... ..............................................11 Decision an Disputes ........................................9.11 definition of 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 CON"TRACTOR— Acceptance of Insurane(...................................5.14 Comm unicationsi ...................................... 6.2. 6.9.2 Continue Work ........................................6.29, 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.I(x 6.18. .... * ..... ....... * ..... . * .......... 6.21-6.23. TZ 13.2 ..................................... Shop Drawing and Sample Review Prior to Submittal ........................................6.25 Stop Work Tequirem ants ............ .... ... .. 4,5.2 CONTRACTOR's-- Article or Paragraph Number Compensation..... - ....................................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,,......_....................7.3 Differing condition* ...................................4.23 Discrepancy in Documents ........ 75, 3.3-2, 6.14.2 Underground Facilities not indicated .......... 4.3.2 Emergencies .......... .................. ....................... 0,23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus .........................11.43.6, General Warranty and Guarantee .......................0.30 Hazard Communication Programs .....................6.22 Indemnification .... .............. �,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.... ......... 6.14A 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 6.12 Performance and Other Bonds_„_...._._._,,,_„_....._ 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule. ........ ................. 24,18.2.9,6.6, ......... .............................. 10.4.15.11 Request for formal decisionon disputes ..............9.11 Responsibilities— Changes in the Work ...................................10.1 Concerning Subcontractors, Suppliers and Others 6.".11 Continuing the Work .......................... 0.29,10.4 CONTRACTOks expense ...........................0.7.1 CONTRACTOWs General Warranty and Guarantee.......................................6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal, ................ §.25 Coordination of Work ............................ _. 6-9.2 Emergencies ............................ . ................. 6.23 ENGINEERS evaluation, Substitutes or 'Or -Equal" Items .............................6.73 For Acts and Omissions of Others 0.9.1-6,9.2,9.13 for deductible amounts, insurance ...................5.9 general ........................................0, 7.2, 7.3. 8.9 Hazardous Communication Programs..._...... 6.22 IndemnificatioR .................................. 6,31-6.33 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 Labor, Materials and Equipment... --- .... 6.3-6.5 Laws and Regulations..................................6.14 Liability Insurance .......................... . ............. 5.4 Article or Paragraph Number Notice of variation from Contract Doc umants ............................. .............. 6.27 Patent Fees and Royalties ........ .................... 0.12 Permits.......................................................0.13 Progress Schedule ......................................... 66 Record Documents 6.19 related Work performed prior to ENGINEERs approval of required subrn ittals 15.28 safe 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 Sample ................ ....... 0.24 Shop Drawings and Samples Review 1)), ENGINEER 6.26 Site Cleanliness..........................................6.17 Submittal Procedures .........................6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Item* ................0.7.1 Superintendencq ........................................... 01 Supervision ...................................................0.1 Survival of Obligations ................................6.34 Taxes.......................................................... 0.15 Tests and Inspections ............................ _ ... 13.5 ToReport .............. . . .................................. Z5 Use of Premisesi ....... ............. 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, 10.2,11.2, 1.9. 12.1, 13.9. 14.8. 15.1, 15.5, 17.3 Safety and4Proiection .................. 6.20-6.22. 7.2.13,2 Safety Repre.sertative ............... _ ............. ......... 6.21 Shop Drawings and Samples Submittal; .... 6-24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures .6.7 Substitutes and "Or -Equal" Items. Expense ............. ...... ...................... 6.7.1, 6.7.2 Subcontractors. Suppliers and Other4 .......... 16.8-6.11 Supervision and Superintendence,,,,,,,. 6.1, 62, 6.21 Taxes. Payment by - , . . . .............................6.15 6.15 Use of PremiseA .................... ............. ..... 6.16-6.18 Warranties and guarantees ......................... 0.5,6.30 Warranty of Title ..............................................14.3 Written Notice Required — CONTRACTOR stop Work or terminatek ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................4.2.3 Substantial Completiork ...............................14.8 V61 CONTRACTORS --other...... ....... .............................. . 7 Contractual Liability Insurance ........... ......... ........ 5.4.10 Contractual Time Limits .........................................12.2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ........................0.9.2 Copiesof Documents ............................................... 2.2 Correction Period ..................................................13.12 Correction. Removal or Acceptance of Defective Work— in general ................................... 10A.I. 13.10-13.14 Acceptance of Defective Work-........„ ................ 13.13 Correction or Removal of Defective Work ............... ................. 6.30,13.11 Correction Period .... ........................................13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ............................. _13.10 Cost — of Tests and Inspections ....................................13.4 Reccrdsll.7 Cost of the Work -- Bonds and insurance, additional ...... __ ......... 11.4.5.9 Cash Discounts ..............................................11.4.2 CONTRACTOR' Fee 11.6 Employee Expenses ............................. ...... 11.4.5.1 Exclusions to .....................................................11.5 General 11.4-11.5 Home office and overhead expenseg ....................11.5 Losses and damages ................. .................. 11.4.5.6 Materials and equipment...............................11.4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changes .................................11.4.1 performed by Subcontractors ...........................11.4.3 Records 11.7 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 ................ J 1.4-5.2 Special Consultants, CONTRACTOR!s ............ J1.4.4 Supplemental .............. .................. . .............. JI.4.5 Taxes related to the Work ............................11.4.5.4 Tests and Inspectioq ............ .. ................... _J3.4 TradeDiscounts .............. ................. ............ JI.4.2 Utilities, fuel and sanitary facilitiep .............. J1.4-5.7 Work after regular hours .................................11.4.1 Covering Work...._.I ...... I ............... -.11111.. 13.6-13.7 Cumulative Remedies ............... ....... ............. 17.4-17.5 Cutting, fitting and patching ....................................7.2 Data to be furnished by OWNER ..............................0.3 Day —definition of ................................................17.2.2 Decisions on Disputes .................................... 9.11,9.12 defective --definition of............_...........................1.14 defective Work — Acceptance of ...... I ...... ......................... 10.4.1.13.13 Ex -DC GENERAL commnom i9io-a o990 Emtom W/ CITY OF FORT COLUMMODIFICAVONS (REV 9/99) Correction or Removal of__,_ ................ 30.4.1. 13.11 Correction Period ....................... ...*................ I....................13.12 in general .............................. .......... 13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work. ................................ 13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work ..................................... J3.8 Definitions Delays .., ........................ ...... 6.29, 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery of certificates of insurance ...........................7.7 Determinations for Unit Prices... .................. ....... _9.10 Differing Subsurface or Physical Conditions — Notice of ENGINEMs Review ......................................4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Rice and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5.3.3.2.6.14.2 Dispute Resolution — Agreement . ............................................... 16.1-16.6 Arbitration ................................................ 16,1-16-5 gencrall6 Mediation .........................................................16.6 Dispute Resolution Agreement ......................... 16.1-16.6 Disputes, Decisions by ENGINEER ............. 9.11-9.12 Docum ents-- Copiesof...._.._.............I .................................... 2.2 Record 6.19 Reuse oE. 3.7 Drawings --definition of ..........................................1.15 Easenients .............. A.1 Effective date of Agreement — definition <f ............. J.16 Emergencies ..... ---_-------------- .................................0. 23 ENGINEER_ as initial interpreter an disputes ................ 9.11-9.12 definition of .....................................................1.17 Limitations on authority and resporimbiliti . ..... 9.13 Replacementof .............. .... . ............................ ;.2 Resident Project Representative ..........................9.3 ENGINEEWs Consultant -- definition of ..................1.18 ENGINEERs-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for- , 93,10,11. 12 Clarifications and Interpretations ............... 3.6.3,9.4 Decisions an Disputes ............ .................. 9.11-9.12 defective Work, notice of ...................................13.1 Evaluation of Substitute Items.......................... 6.7.3 Liability ...................................................432, 9.12 Notice Work is Acceptable...............................14.13 Observations .......................... ............... 6,30.2,9.2 OWNER's Representative. ...... ................... __ ..... 9-1 Payments to the CONTRACTOR, Responsibility fo.....................................9.9, 14 Recommendation of Payment . ................... 14.4,14.13 Article or Paragraph Number Responsibilities --Limitations op ................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ...............................2.4 Shop Drawings and Samples, review responsibility .................................. ............ 6.26 Status During Construction— authorized variations in the Work ..................9.5 Clarifications and Interpretations .................. 9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price ......................9.10 ENGINEER as Initial Interpreter_._.___, ENGINEERs Responsibilities ................ 9.1-9.12 Lim itaticms on ENGINEEks Authority and Responsibilities ..............................9A3 OWNER's Representative .............................. 9A Project Representative ...................................9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments ....... I ................... . ....... 9.7-9.9 Visits to Site ........... ................. .... ............. 9.2 Unit Price determinations .................................9.10 Visitsto Site .......................................................9.2 Written consent rcquire4 .............................. Y.Z 9A Equipment, Labor, Materials an4 ....................... §.5-6.5 Equipment rental, Coat of the Work .................. J 1 A-5.3 Equivalent Materials and Equipment .................... _§J error or am ission* ........................................ ......... 0.33 Evidence of Financial Arrangements ................... _11-11 Explorations of physical conditions ........................ 4.2.1 Fee, CONTRACTOKs—Costs Plus ...........................11.6 Field Order -- definition of .....................................................1.19 issued by ENGINEER ................................ 3.6.1,9.5 Final Application for Payment ............................ .14.12 Final Inspection ....................................................14.11 Final Payment — and Acceptance, ......................... _ ....... 14.13-14.14 Prior to, for cash allovances ...............................11.8 General Provisions 17.3-17.4 General Requirements — definition of ..................................................... 1.20 principal references to ..............2.6, 6.4. 6.6-6.7. 6.24 Giving Notice_ ....... ..................... _ ........... ............ ITI Guarantee of Work —by CONTRACTOR ........ 15.30,14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste — definition of.....................................................1.21 general........... ............................................ 4.5 OWNER's responsibility for ............................... 3.10 EX-DCOENSULCONDITIONS 1910-9 (1990 MMOM wi aTy cF FORT caum moritnwiom mv gigiri Indemnification....,,,_..................... 0, 1 Z 6.16, 6.31-6.33 Initially Acceptable ScheduleA... ... I ......... ................ -2.9 Inspection — Certificates of ...... . ...................... 9.13.4,13.5. 14.12 Final............... . ..........................................14.11 Article or Paragraph Number Special, required byENGDMER .........................9.6 Tests and Approval....._ ...................... $3,13.3-13.4 Inswance— Arccptancc 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 ..........................................3 Cancellation Provisions ...................................... 5.8 Certificates of.... ..... .......... 2.7, 5,53, 5.4,11, 5.4.13, ' i .......... ........ 5,6.5. 5.8. 5,14, 9.13,4,14.12 cam pleted operations ....................................15A.13 CONTRACTORS Liability ..................................5.4 CONTRACTORs objection to coverage ......... ... 5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTORS responsibility ................................................5.9 Final Appliceition for Payment ........................ J4.12 Licensed Insurers ...............................................5.3 Notice requirements, material change*......, 5.8. 10.5 Option to Replace .............................................5.14 other special insurance* .................................... 5.10 OWNER as fiduciary for insureds .............. 5.12-5,13 OWNERs Liability... .... ....................... ............ 53 OWNERsRespunsibility .............................. Partial Utilization, Property L=2ncq ...............5.15 Property........... _ ............... ................. ......5.&5.10 Receipt and Application of Insurance Proceeds ... .................... . ...... . ............. 5.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights ..............................................5.11 Intent of Contract Doeurn entA .................. ........... 3.1-3.4 Interpretations and ClarificationA ..................... 3-6.3.9.4 Investigations of physical condition; .........................4.2 Labor, Materials and Equipment ................ ......... 0.3-6.5 Lands -- and Easements $.4 Availability of .............................................4.1.8.4 Reports and Tests ............... ............................... $.4 Laws and Regulations -Laws or Regulations — Bonds . . .............. 5.1-5.2 Changes in the Work., .............. ........ .............. 10.4 Contract Documents 3.1 CONTRACTORs Responsibilities ..................... li. 14 Correction PcrioddefecOve Work ....................13.12 Cost of the Work. taxes ............................... j 1.4.5.4 definition of .....................................................1.22 gencral6.14 Indcaunificatim 6.31-6.13 Insurance 3.3 Precedence .................... _ ....... .................. 3,1,3.3.3 Reference to. i.3.1 Safety and Protection ................................ 6.20. 13.2 Subcontractors. Suppliers and Others ............ 6.M. I I Article or Paragraph Number Tests and Inspections ...................................13.5 Use of Premises 6.16 Visits to Site ...................................................... 9.2 Liability Insurance— CONTRACTORs ................................................ 5.4 OWNERs 5.5 Licensed Sureties and Insurer* ................................. 5.5 Liens -- Application for Progress Payment ......... ....... _....14.2 CONTRACTORs Warranty of Title .................... 14.3 Final Application for Payment ......................... 14,12 definition of ..................................................... 1.23 Waiver of Claims ............................................)4.15 Limitations on ENG]NEER's authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized .......................................................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 DocutnenVI, 3.3.1 Materials and equipment -- furnished by CONTRACTOR........._...._ ......... not incorporated in Worl; ...................................14.2 Materials or equipment--equivalen;...........................0.7 Mediation (Optional) ....... ................ ..................... 16.7 Milestones --definition of ....................................... 3.24 Miscellaneous -- Computation of Times .......................................17.2 Cumulative Remedies ............ ........... ........... j 7.4 Giving Notice....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Court Costs Includc4 .......17.5 Multi -prime contracts......... ......... . _ ... ...................... :7 Not Shown or Indicated, .... ........... . ...................... 4.3.2 Notice of — Acceptability of Project.................................... 14.13 Award, definition of .........................................1.25 Claim............................. . ..... ....................... 17.3 Defects.13.1 Differing Subsurface or Physical Conditions,.,_,_ 4.2.3 Giving............................................................ 17.1 Tests and Inspection* ........................................ J13 Variation, Shop Drawing and Sampli; .................6.27 Notice to Proceed -- definition o( ......................................................1.26 givingof ............... ....................................... 2.3 EXW GENERAL CONDITIOM 1910-80990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (RFV9199) Notification to Surety ...................... ........ ....... ........10.5 Observations, by ENGINEER...........................5.30, 9.2 Occupancy of the Work .................. 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance ..........................5.42 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-.. data.furnish.... ................ ....... ......................... 8.3 May Correct Defective Work...........................13.14 May refuse to make payment.............................14.7 May Slop the Work.........................................13.10 May Suspend Work, Terminate............................#.8. 13.10, 15.1-15.4 Payment, make prompt.....................N.3, 14.4, 14.13 performance of other work ................................. 7.1 permits and licenses, requirements .................... ¢.13 purchased insurance requirements------,-,,,-„ 5.6-5.10 OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execute.......... 8.6, 10.4 Com m unicationg............................................... 8.1 Coordination of the Work................._......._...-..-7.4 Disputes, request for decisioq................ -.... ...... 9.11 Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative —During Construction, ENGINEEks Status......................................9.1 Responsibilities— Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material......„....., ?.10 Change Orders ............................................. 8.6 Changes in the Work... ........................ ....... 10.1 communications ...........................................8.1 CONTRACTORS resp®stililities.................. 8.9 evidence of financial arrangements..............;.11 inspections, tests and approval*.....................8.7 insurance...................................................... $.5 lands and easements..... _............ _................8.4 Prompt payment by.......................................8.3 replacement of ENGMER ...........................0.2 reports and tests ........................................... 3.4 stop or suspend work ................. $.$ 13.10. 15.1 terminate CONTRACTORS sery ices ......................................... _8.8. 15.2 separate representative at sit;..............................9.3 testing, independent. ... ............................. .......13.4 use or occupancy of the Work........................5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3. 11.4 EtCDC GENERAL CONDITIONS 1910-8 t1990 EDITIOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number written notice required.._......._......._. 7.1, 9.4, 9.11, * * ....... I I _Z 11.9. 14.7, 15.4 PCBs -- definition of . ........................ . . ........... . . . ...... 1-29 general........ ..................................................... 45 OWNER's responsibility for ...............................8.10 Partial Utilization — definition of .....................................................1.28 general 6.30.2.4, 14. 10 Property Insurance ............................................ 5.15 Patent Fees and Royalties_ .................................... 6.12 Payment Bonds.......................... ' ' *' "" ....... ' ... * ... * ................ 5.1-5.2 Payments. Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Cornpletion— Application for ProgressPayments ......................14.2 CONTRACTOFVs Warranty of Title_ ................ J! 4.3 Final Application for Payment .........................14.12 Final 1nspection .............. .............. ... * 14.11 Final Payment and Acceptanec., ....... I ...... 14,13-14A4 general,-,... .... .... . ...................... I ...... 11.1 ....... $3.14 Partial Utilization ...........................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ... ....... ....... ........... J4.4-14.7 prompt payment ............................. . ....... . ......... 0.3 Schedule of Values ............................................14.1 Substantial Completiork ........ ___ ........ .. 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............................................................. 0.13 Petroleum -- definition of .....................................................1.30 general............... .............................................. 4.5 OWNER's responsibility for .............................. $'10 Physical Conditions — Drawings oC in or relating to ........................ 4.2,1.2 ENGINEER!s review ......................................... 4.2.4 existing structures ............... ........................... :4.2.2 general4.2,1.2 ..................... .................................... Notice of Differing Subsurface %, ..................... 4.2.3 Possible Contract Documents Change ............... 4.25 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings ............................ ......... 4.2.1 Subsurface and,.._ ............ ........................... ..... 4.2 Subsurface Conditions .................. ................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ...................... A1.2 Underground Facilities — general........................................................ 4.3 Not Shown or Indicited ..................... ......... 4.3.2 Protection of .................................. ..... 4.3,6.20 Xii Article or Paragraph Number Shown or Indicated .... ....................... ....... .......... AJI Technical Data... ........................... . .............. :4.2.2 Preconstruction Conferencq .......................................2.8 Preliminary Matters .................................................... . 7 Preliminary Schedules ..............................................2.6 Promises. Use of ....... ...................................... 6.16-6.18 Price. Change of Contract ...........................................11 Price, Contract--dermition of ..................................1.11 Progress Payment. Applications foc ..........................14.2 Progress Payment--retainagr, ...................................14.2 Progress schedule, CONTRACTORsk ........... 2.6,2.8. 19, I ............. ...' ... I ........... 6.6. 6.29, 10.4, 15.7-1 Project --definition of ............................................... 1-31 Project Representative— ENGINEERs Status DuringConstructiorl ............ 9.3 Project Representative, Resident --definition of .......... 1.33 prompt payment by OWNER.....................................83 Property lnsuranc&. Additional .........................................................5.7 gencralS.6-5.10 Partial Utilization ................................5.15. 14.10.2 receipt and application of proccak ............ 5.12-5.13 Protection, Safety and ..............................6.20.6.21, 13-2 Punch list 1.4.11 Radioactive Material— dcfintion of ....... 1.32 general4.5 OWNER's responsibility for ..............................F.10 Recommendation of Payment ....... ........ J4.4.14.5,14.13 Record Documents ................. ...................... j6.19,14.12 Records. procedures for maintaining ..........................2.8 Reference Points ....................................................... 4.4 Reference to Standards and Specifications of Technical Socictiwk ........................................ 3.3 Regulations, Laws and (or) ......................................6.14 RejecitingDefeefive Work_-, ....................... . ......... 9.6 Related Work -- atSite ........................................................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, . 6.28 Remedies. cumulative .....................................17.4.17.5 Removal or Correction ofDefective Work .............. 1111 rental agreements, OWNER approval squire( _..I 1.4.5.3 replacement of ENGINEER by OWNER.....................8.2 Reporting and Resolving Discrepancies ................................2.5, 3,3.2, 6.14.2 Reports -- and Drawings ...... ........................ .......... ...... A-2.1 and Tests, OWNER!s responsibility ...................... 3.4 Resident and Project Representative— definition of ....................................................3.33 provisionfor ............................................................. 9.3 EXI)CCENEPLAL CONIN FIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLNS MODIFICAMNS (REV 9199) (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. 3.4 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. 3.5 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 issued through Rocky Mountain E-Purchasing System at Article or Paragraph Number Resident Superintendent, CONTRACTORS,,,,,,,,,,,,,,, 6.2 Responsibilities— CONTRACTORs-in general, .................................6 ENGINEER's-in general ....................................... 9 Limitations on............................................9.13 OWNER's-in general ............................................. Retainage............................................................14.2 Reuse of Doctanests............................................._...3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal.......... I...............6.25 Review of Applications for Progress Payments.....................................14.4-14.7 Right to an adjustment............................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................0.18 Safety -- and Protection................................43.2, 6.16, 6.18. ..................................... 6.20-6.21, 7.2, 13.2 general .....................................................0.20-6.23 Representative, CONTRACTORs.......................0.21 Samples — definition of......................................................1.34 general.....................................................0.24-6.28 Review by CONTRACTOR ................................6.25 Review by ENGINEER..............................6.26. 6.27 related Work.....................................................6.28 submittal of...................................................6.24.2 submittal procedures.........................................15.25 Schedule of progress.............................2.6, 2.8-29, 6.6, .................................6.29. 10.4. 15 2.1 Schedule of Shop Drrawawing and Sample Submittals..............................Z.6, 2.8-2.9, 6.24-6.28 Schedule of Values....,_„......................26, 2.8-2.9, 14.1 Schedules -- Adherenceto..........._...................................15.2.1 Adjusting. ..........................................................0..6 Change of Contract Timq................................10.4 Initially Acceptable......................................2.8, 2.9 Preliminary.........................................................2.6 Scope of Changes .......................... ........... 10.3-10.4 Subsurface Conditions ........................................ 4.2.I.1 Shop Drawings — and Samples, general ................................ .......... Change Orders & Applications for Payments, and ................................. definition of.....................................................1.35 ENGINEER's approval of......I......................... 3.6.2 ENGINEER s responsibility 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 .............................. 6.7.3 Shown or Indicated................................................4.3.1 Site Ace= .............................. ....................... 7.2. 13.2 Site Cleanliness......................................................6.17 Site, Visits to — by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss policy form, insurance.......................................................5.6.2 definition of. .................................................... )_36 Specifications— defination of .............. ....................... _... .......... 1.36 of Technical Societies, reference t9.................. 3.3.1 precedence................................ _...................3.3.3 Standards and Specifications of Technical Societies ............... ............ ............ .3 Starting Construction, Befor4..............................2.5-2.8 Starting the Work.....................................................2.4 Stop or Suspend Work — by CONTRACTOR..........................................15.5 by OWNER ........... ........................... 8.8, 13.10, 15.1 Storage of materials and equipment .... .................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor — Concerning................................ _...............6.8-6.11 definition of.....................................................1.37 delays.. ..... ._ _............ ............................12.3 waiver of rights.. ..........................._.................6.11 Subcontracturs--in general,_............................_6.8-6.11 Subcontracts --required provisions ..... _.,5.11, 6.11. 11.4.3 Submittals-. Applications for Payment..................................14.2 Maintenance and Operation Manuals .............. 4.12 Procedures.......................................................0.25 Progress Schedule$ ..................................... 2.6, 2.9 Samples ............................................ ....... 0.24-6.28 Schedule of Vahoes.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions . ......... ................... ........ 2.6, 2.8-2.9 Shop Drawing§........................................6.24.6.28 Substantial Completion -- certification of............................§.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedure$ ........ .7.2 Substitutes and "Or Equal" Items.., ....... .............. 6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation ................................. 6-7.3 "Or-Equal°...................................................6.7.1.1 Substitute Construction Methods siii EXI)C OENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLUM MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures .............................................. 6.7.2 Substitute Items 15.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relating to„....................... 4.2.1.2 ENGINEERs Review ...................................... 4.2.4 general........... .............................................. 4.2 Limited Reliance by CONTRACTOR Authorized ......................... . ............. ........ 4.2.2 Notice of Differing Subsurface or Physical Conditions ........................ ........ _ ..... 4.2.3 Physical Conditions ......................................4.2.1.2 Possible Contract Documents Change_ ............. #.2.5 Possible Price andTimes Adjustments ................ 4.2.6 Reports and Drawings ...................................... 4.2.1 Subsurface anct ......................... ................. ....... 42 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4.2.1.1 Technical Data .................................................4.2.2 Supervision- CONTRACTORs responsibility ........................... 6.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervisq ................ 9.2,9.13.2 Superintendence ................. _0.2 Superintendent CONTRACTOR S resident ...............0.2 Supplemental costsk ............................................ J 1.4.5 Supplementary Conditions - definition of .....................................................1.39 principal references tq ............. _.). 10, 1. 18, 2.2, 2.7, .......................4.2, 4.3. 5.1, 5.3, 5.4, 5.6-5.9, ........ * S. 11. 6,11. 6.13, 7.4. 8.11. 9.3. 9. 10 SupplementingContract Documents .........................3.6 Supplier - definition of ............................. . ...................... 1.40 principal references tQ...-., .... 3.7, 6.5, 6.20, ' ** .. . .. .... . ... ......... .... 6.24,9.13,14.12 Waiver of Rights ............................................... 15.11 Surety - consent to final payment. .......... ............ 14.12.14.14 ENGINEER has no duty tq ................................9.13 Notification of .................. ............ -.10.1, 10.5,15.2 qualification of ....... ......................... ........... 5.1-5.3 Survival of Obligations ........................................... 634 Suspend Work. OWNER May ........ .............. J3.10, 15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Terminate .. .. . ........................ -- ............. J5.5 OWNER May Suspend Work...........................15.1 OWNER May Terminate ............................ A5.2-15.4 Taxes -Payment by CONTRACTOR.........................0.15 Technical Data -- Limited Reliance by CONTRACTO.................4.2.2 Possible Price and Times Adjustmentg ............... 4.2.6 Reports of Differing Subsurface and Physical Conditions..._...............................4.2.3 Xiv Temporary construction facilideq, ............... _ ...... .... 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER ......................................... 8.8.15.1-15.4 of ENGINEERs employment ............................... $1 Suspension of Work-in general .............................15 Terms and Adjectives.............................................. 3.4 Tests and Inspections - Access to the Work, by others ...........................13.2 CONTRACTOWs responsibilities.......... ............ 13.5 cost of 13.4 covering Work prior tq .............................. 13.6-117 Laws and Regulations (or) ................................ 13.5 Notice of Defects. ... ...... ...... ............. .............. 13.1 OWNER May Stop Work ........... ................ 13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ........................9A timely notice required .......................................13.4 Uncovering the Work, at ENGINEIMs request................ ............................... 13.8-13.9 Times - Adjusting...........................................................0.6 Change of Contract ............................................. 12 Computation of ................................................17.2 Contract Tim c"efinition. of ...........................1.12 day.........................................................17.2.2 Milestones .............................. . .......................... )2 Requirements - appeals. . ... ........................ _ ............... P.10, 16 clarifications, claims and disputes..„............. 9.11, ILZ 12 Commencement of Contract Times .......... ...... 23 Reconstruction Conference q ........... ......... ..... 2.8 schedules . ........ . ........ 2.6,2.9, 6.6 Starting the Work...-.....................................2.4 Title, Warranty of...................................................14.3 Uncovering Work ............................. .............. 13.8-13.9 Underground Facilities, Physical Conditions - definition o( ....................................................1.41 Not Shown or Indicated...................................4.3.2 protection of ................ ............................. 4.3,6.20 Shown or Indicated ..... I ................................. .. 4.3.1 Unit Price Work - claims..........................................................1.93 definition of ........................... . ..................... J.42 generalll.9.14.1. 14.5 Unit Prices-- generall 1.3.1 Determination for 9.10 Use of Premises ......................... ...... 6.16,6.18. 6.30.24 Utility owners .............................6.13, 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 of..............................2.6, 2.9-2.9,14.1 EXIX CENEILAL CONDITIONS 1910 -8 (1990 EDITION) VI CITY OF FORT COU.INS MODIFICATIONS (ItEV9/99) Variations in Work —Minor Authorized ....................................... 6,25, 6.27, 9.5 Article or Paragraph Number Visits to Site--byENGINEEIZ................................... 9.2 Waiver of Claims -on Final Payment ......................14,15 Waiver of Rights by insured panic;..................5.11. 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................13.2 byothers, ............................................................. 7 Changes in the..............................................I...1..10 Continuingthe..................................................0.29 CONTRACTOR May Stop Work or Terminate ............................. _................ 15.5 Coordination of ......................... ...... ................ J..4 Cost of the ............................. _..... ........... 11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR ..........................13.14 otherWork .............................. ............................ J OWNER May Stop Work ....................... .......... 13.10 OWNER May Suspend Work ................... 13.10, 15.1 Related, Work at Sitq,,..I...............................7.1-7.3 Startingthe,_ .............................................. __Z4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ...... ..... 3.6 Work Change Directive — claimspursuant to. ............................................ JO.2 definition of.....................................................1.44 principal references tq......................$.5.3. 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references tq..............1.10. 3.5, 5.10,15.12, .........................0.6.2, 6.8.2, 6.19, 10.1, 10.4, .............................11.2, 12.1, 13.122,14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR.............................7.1, 9.10-9.11, ...... ....... _...................... ...... 10.4. 11.2, 12.1 by OWNER ....................9.10.9.11, 10.4. 11.2, 13.14 zv EXDC OENFRAL COMMONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS OLEV 9/99) (This page left blank intentionally) EJCDC OENET-ALL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIRCATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Pa)mennt—The form aaep�d by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1 A Asbestos —Arty 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 font setting forth the prices for the Work to be performed. 1.6. Bi"n$ Documents —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 Requirementy--The advertisement or invitation to Bid instructions to bidders. and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —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 on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CON TRACTOR's Bid (including doctanentation accompanying the Bid and arry post 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 Drawings as the EXI)CCI a ERAt CONXTIONs 1910.9 (1990Edtlen) w! aTY OF FORT COLUM MODIFICATIONS (REV 42tga) 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 clarificatioris issued pursuant to paragraphs3.5, 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. Conlract Times —The numbers of days or the dates stated in the Agreement: (n) to achieve Substantial Completion, and (ii) 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. CONTRACTOR —The person, firm 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 any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged print 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 scrape, 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 not Drawings as so defined. 1.16. Effective Date of )Inc Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means 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 persm firm or corporation named as such in the Agreem ent. 1.18. ENGINEER's Cansullant 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 but which dons not involve a change in the Contract Pt-tce or the Contract Times. 1 20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardow 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. 1 22.a. 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 oral courts having jurisdiction. 1221. Legal Holidays--shall be those holidays observed by the City of Fort Collins 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAsvard—Awritten 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 Tines will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 127. OWNER —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 1,30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions 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 ruon-Hazardous Wastes and crude oils. 131. Project—Thc total construction of which the Work to be provided trader the Contract Docurnertts may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32.a. Radioactive Matenal—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of Eimcomm comnoNs 19io-s o990 Edition) wi CITY OF FORT ODU INS MODIFICATIONS QtE'V 42000) 1954 (42 USC Section 2011 et sal.) as amended from time to time. 1.32.b. Regular Wor*bm Houvv—Regular workim hours are defined as 7;00am to 6:00pm unless othcrwise 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 sonic portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings --All 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. Speccationr—'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 par iltcrw has progressed to the point where, in the opinion of ENGINEER 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 put) 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 ENGINEER'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 part of the Contract Documents which amends or supplements these General Conditions. IAA. Supplier —A manufacturer, fabricator, supplier, distributor, materialman 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 curtaining 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 commun icatiorhs, cable television, sewage and drainage removal traffic or other control systems or water. 1.42. Unit Price {York —Work to be paid for on the basis of {unit prices. 1.43. Work --The entire completed construction or the various separately identifiable pans thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and famishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing doaurnants, all as required by the Contract Documents 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition 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 paragmph4.2 or 4.3 or to emergencies trader 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 Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amenrbnent—A 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 nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELEkILNARY MATTERS Delivery ofBondv: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish in accordance with paragraph 5.1. Copies ofDoermerrs: 2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Cwditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be finished upon request, at the cost orreproduction. Commencement of Contract Times; Notice to Procceek 23. The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or, E1CDC OEt46'ltAt. COMMT10M 19105 UM Edtiahl w7 CI TY OF FORT COLUNS MODIFICATIONS (REV 412a00) 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 no event svill 1he C-antrast. Times of -Rid -opening er-the thirtieth daysHer-the-Bifxtive-Data ofthes4greemenF+vhiehever d aie-isearlier: Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall he done at the site prior to the date on which the Contract Times comment to run Before Starting Constracsion: 25, Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER arty conflict, crow, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thercby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report arty 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 Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 26.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including any lWestones 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; 2.6.2.1_ In no case will a schedule be acceptable which all was les�than 21 calendar days for each review by Ennaineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Cantract 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 QW� shall eaeh deliver to the ethw OWNM with copies to identified in the Cenditienhs ENGiNF certificates of insurance (and other evidence of insurance CONT�requested by OWNER) which �espaativ1 ere is reI— to purchase and maintain in accordance with paragraphs Preeonstruetion Conference: 2.8. Within twenty days after the Contract 'rimes start 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 understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. ln&iagv Accepmlwde Schedules: 2-9 Unless otherwise provided in the Contract DoLumcrts 1pplieatien for payraeNt before any work at the site begins a conference attendcd by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with parigmph2.6. and Division I - Ststfsf I Reauirements. 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 sseeccppuencing, 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. OTENT, AMENDING, REUSE Intent: 3.1_ The Contract Documents comprise the entire agreement between OWNM and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by alL The Contract Documents will be construed in accordance with the law of the place of the project. 3.2, It is the intent of the Contract Documents to vcDc oENERM. coNDinoNs 191" t1990 Edilim) w/ CITY OF FORT COLLINS MODIFICATIONS OtEV 4rtaoa) describe a functionally complete Project (or part thercoo 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 furnished 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. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Reporting Mscrepaneies.- 3.3.1. Reference to standards, specifications, manuals or 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 Regulations in effect 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. If, 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 code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINLT.R 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 pemgmph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure 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 Contact Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 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 riot specifically incorporated by reference in the Contact Documents); or 3.3.3.2. 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, code or instruction shall be effective to di&W the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, norshall it be effective to assign to OWNER, ENGINEER or am of ENGINEER's Consuharw, 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 Rork, it is intended that such requiremea, direction review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract 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 arty duty or authority to supervise or direct the furnishing 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. Ament6ng and Supplementing Conrad 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 Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or E1CDC GENE LC CONDITIONS 1910.8 (1990 Editim) w! MY OF FORT MLUM MODIFICATIONS (KEN 412000) 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 motor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGIN=— 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 paragraph 9 4). Rewe ofDocaments: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization pa•formin� or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies ofany thereof) prepared by or bearing the seat of ENGINEER or ENGTNEF.R's Consultant, and (ii) shall not reuse arty of such Drawings, Specifications, o[ger documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability offends: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon Feasonable written -request, statement-af-record-legal title and-legal<kscriptiort o€-the lands_upon-which-the >l�ork-+s-to-be-pegformetl-rmd OWNERls-interest-4h ,cin-as-necessary-for --giving--notice of-or-6lirag..e-maehanic's-�iatr�gairtst-cuelr-lands-in aucerdanoo with _Appho&ble--" iom OWNER shall identify any encumbrances or 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 Doctsnents. 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 or easemcnL& CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1 Sub urfaee and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 421.1. Subsurface Condifions. Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and 4.2.12. 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 reports and drawings, but such reports 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: 422.1. 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 42.2.2. other date, 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. Nofice of Differing Subsurface or Physical Condifions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. 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 42.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or MDC 004EM C014OIT1oNs 191" 0990 Edition) V CITY OF FOaT G'OLUNS MODIFICATIONS MV 412000) 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 Contact Documents; then CONTRACTOR shall, prempdy mediates after becoming aware thereof and before further disturbing condition affected thereby or performing any Work in connection therewith (except in an emergency as permitted by pamgmph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall net turdw disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGMER's Review: ENGINEER will promptly review the pertinent conditions, 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 ENGINEERs 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 of condition that meets one or more of the categories in paragraph 4.2.3, a Work 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 Times Adushnents. An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence or such uncovered or revealed condition causes an increase or decrease in CONTRACTOWs cost of, or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs4.2.3.1 throuuggi4.2.3.4,inclusive, 4.2.6.2. a change in the Contend Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Wok 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 respect of Contract Price and Contract Tunes by the www.rockvmountainbidsystem.com. 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 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 revealed as a result of any examination investigation, eytloratiom 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 tailed 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 Price or Contract Times, a claim may be made therefor as provided in Articles i 1 and 12. However, OWNER, ENGINEER and ENGINEER's Cortsultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any otter project or anticipated project 43. Physical Condiions-llnderground Facilities: 4.3.1. Shown orI ndcared: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is baud 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: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1 The cast 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, (u) 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 paragraph6.20 and repairing arty damage thereto resulting from the Work. 4.3.1 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documerrts, 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 paragraph 6.23). identify the owner of such Underground Facility and FJCDC GENERAL COM TfOM 1910-8(1990Editian) w/ CITY OF FORT COLIAI.S MODIFICATIONS QIE V 412000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Undergrwrrd Facility and determine the extent, 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 Work Charge 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 uhall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable 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 rip to be aware of or to have anticipated. If OWNER arch CONTRACTOR are unable to agree on entitlement to or the amount or length of airy such adJ''usbnena in Contract Price or Contract Timm 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, casts, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points 4A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for layirg 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 lest or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified persomxet 4.5. .43be3ios, PCBs, Petroleum, Ha;ffdous Waste or Radoacthw Material: 4.5.1. OWNER shall be responsible for arty 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 CON —TRACTOR is responsible. 45 2 C9I�RAC: ORllzmadietely: ({)-'top all in Any "Fea Affeel.N.1 r such-naier-in-writir�:�'3W{v&R-she II -prom pNY consult -with -ENGINEER- cmNerrriry; the-necessity-for OVA4F5R-to-retain-a quai&ted-expedto evatuato-axih hamrdeus sendititM 4N CON71' LACTORshall-nd-be requuedtoresume-Work sash aHietnd area a F aR911.1NER h., 4*3 fled any-ragLrired Permits- related -thereto -anti -delivered' -to __domed stuns r__ the ll(.._I. (ii)-specify ng��ty-spao eF condifia s-und_r er-whichsuuh W04C RY be Fe_.;U«r.d tutu r..b. lr numrto tutu,! Col. TD A!`TlIV �::anraat--epee use-eatitlasertl-tu�r �- DN if -- -- _- ni W E©Ai'TRAC-fOR,dcxts a& -to resume -such -work based en a feagenable belief it is Unsafe. or deeg n04 ......6 Wad, ...,1...gu..h ZIHOFK,-EFiE .._ __-._ ,Wad; —.- . ____ h_ 14__I- that :_ in :.h _uoh >n,Mr.l as condition of in sueh affeeted area to be deleted kom agree its to entitlement to-or-the-amixint or extent -of -an either -party -may -make -a daimt ;hei4%o as-Dxovided-in portion -of the Work -performed .by-OVvNEW9-own foroes or -*titers in accordance with -Article 7: c n To the fullest ..~__. Reguittiars: OWNER shallfy--rtn ld harmless CONMNCTO&----Subcommctor% E�IGRP;Eo ENGRmcu;_ r.._._.a.._ts and sh_ crff+cers�--diractors� - rmployee�--a8e'rtts,—other ccnsu Itante-and-subwntructcxs-of-each-and-any-of them from and against -all -claims,-cosh-lems rt d demae.�s- erisine-out-� Ear-rasulFine-from -sued[ cost -loss -or damage is attrilwtable4o bodily injury: own neghgencr. 4 S 5. Th . provisions e f .......,... phs 4.2 and 4.3-ere 8latmi: AFFe.. -_I�.! ..,cm�,e_vt_o.o-ntct6_ tits EJCDCOENERAL CONDITIONS 1910-3 (090E&tim) wf C TY OF FORT COWNS MODIFICATIONS ftV 4J2000) ARTICLE S-DONDS AND MURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until tale 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 Bonds shall be in the Corm 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 Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit StafL 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 SureJiex and Insurers; Cerrificares 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 licerised 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. 5.3.2. 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 n accordance with paragraph 5.4. OWdiER-strap additional--instred-idemifred-in- the --Su ementary des-- f--insarenca CONTRACTOR's Liability lawrance: 5.4. CONTRACTOR shall purchase Fiord 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 CONTRACfOR'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 Supplier, or by anyone directly or indirectly employed by any of them to perform or famish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under worker' compensation disability benefits and ether similar employee benefit acts; 5,4.2. claims for damages because of bodily injury, occupational sickness or disease a death of CONTRACTOR's employees. 5.4.3. claims for damages because of bodily injury sickness or disease, or death of any person other than CONTRACTOR'S employees; A-4-olaims-for-datnages--insured... by -customary 9FlhY-r28%tf; 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resultingtherefrom 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-T with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive ;nL5A,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 additioml 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, whichevcr is greater, 5.4.9. include completed operations insurance; &CDC OEMsRAL COt-1DIMOM 1910.8 (1990 Edtiam) w/ QTY OF FORT COUIM MODIFICATIONS (1tEV412ao0) 5.4.10. include contrnaual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 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 in 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 fumish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER's option may purchase and maintain at OWNER's expense OWNEWs own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Property Insurance: S6:--- lSnims-otherwise-providad-in the- -Supplementary Conditions.-©WNldR shall--purcinsa-ttnd--maintain ot'�lme-fttll--repktcanxmt--cost-tharaof-(wbj�v;t-to Such vkductihrlr -amounts-as --- may--be-Imrcwidw.I--in-the Suppk ner"ry- Conditiom-or--required -by---haws-and Regulatietr.). Thisttuwetaeahell. 50 ittoliude—t a—interests-of-�WN$R entities -identified -in the -Supplementary -Conditions. each of whom -is deemed to-havtom insurable -interest wA-4tall-be Iistedns-an-insured ar- additiunel-irtstredL. 5:6.2. be written -on -it Builder's Risk -"all risk" or shag (itleastnclWe--inwrattee Car plwsieel loss-er the--fellewing perils: ire, lightning,:tended sovaage-t1xA artdalisnr end-malicious-mischie€: wiitff rJamage. and such other perils as may b 10fL 46.3.-mclude-expenses ineuned-in the repau or replacement -of any ensured -property ( including but not ami. r...T, _d ..L......... ..r . .aers and ardui-uts), or et -another -location that was agreed to in -writing -by firevided that gish Materials and Hipaiew hm., been yment rcoomm tided b5'-fiPlE31?�R:-end ��T v��.fuax••• ••tua�i,l :�• •v _vr-c��o�__fur�r,.• ••f�{-i�Y#8{-13Bynitlnt-}5 TOR 1014h. -additional tY i-Ad ^ R-91te}l- 4knClne-9t9M1metnieifl-(8K.'in-bOik'r us -may -be -required by the -Supplementary, -Coalitions or Laws and Regulatiem Midi will imlede the intefests maintaatedby OWNE-R in occordarw a with paragraphs 5.6 coverage -ofior M-will-riot-be-eeneelled-or-materially chengedor rarrewel-refused-until-aNeast-Shirty-days'-prier written--rmuco-loss--been--siren--te-OWl3ER—and whom -and will contain —waiver-prowsorn-gn—eccondence--with p Ph5.11- 5.9. OWNER shall not be responsible for purcicnsing and maintaining any property insumnee to protect the interests of CONTRACTOR. Subcontractors or others in the Wen' to the equat of my deduabier amotmts-thff"M identifier! -in -the Supplementary-Cornlitions-The --risk-of wch-k>.ss-and-if-any-of-them- wishtu:--property utsumnce troverage-within-the-limits-of-suds-amounts, each -may purchase and maintain itat-the purchaser'skatw expenw. MO.-.-11�-G R- requests -in -writing-that--other etagraphs _S:i)-err-S:�;-Bi�'i�R ARE if sa LIB inelude wdeh ..�.I •L.. .. Change Order or Vhitte.. A.nmendntBnt. 14rm to srwcost ER& corrntnotrs 1910.8 (1990 saitim) 10 w/UTY OF FORT COILI M MODIFICATIOM pt-V 412000) commencement of -tire -Work ai-tlwsite;OWNERMalkn irisu�� has been OWNER-andCONTRACTOR-intmdihat*ill policies purchased in ascorrdwtee-with-paragmphs5.6 .rfHileflt78el[N --Iit 's tlie le Insureds -or- eddltiot181-insure& im such lrefes-' will PEHN'We ve%.eFage far damages -ai�V--�-perils wvedd-themb4--Ali _ e7-pr9Yt9+anri-tirtnLcc.t.-,rc_ :rc that u"he-eveM4-puyment-of-tiny loss or damage the NiSHFeiS-wi}l�iBYeitfif any-k)f the--iffiuF t� nRSittafrGei ^t,i L.. ntvntio _sp sthL i.:.... paYeble•under anypehey9G-iss td y . < Ito agaurst --- E-0PITFt�C�E>l�---Sabaentracior� ofbears �Iireotors enrrpleYees arr� agzenEs of anY-of them; fi)r. less dve to I of-use-o-other-oonse,quentiel--lass-ex 1:ng beyond-diract-physical- im--or-damage to arising -euFof-or--resulting fore fire -or other -peril; whether -or -not insi axfby-0WNGR.,rin t 5 4,2:2--tossoc-damage-to--the-sontplatad resulting $om-fire or other -insured -peril- covered during—purtial—utilim9on--ptesunnt--to paragmph-f4 Kt; -after--Substantial- Gompletion pursuant to pnagntph l4&or-after-tine!-payment pursuant to paragmph 144-,2. . .__a tr. nt)n rcn ,.�..__.. any-kiss,-<lamege-tit- FienSer�uCFlUiel--kitiF -Feferred-tk7ir>-t1n5 it GeFKeE)aetlFiBl--'--- 'he IRRHUR iyill hayo ., .:-L.s a iecovary-e fist-enyefCONTRACTOR -Subcontractors, Receipt andApplication ofInsuranee 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 any loss 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 snake 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 fiduciary shall adjust and settle the loss with the insurers TfGri .1 •,. ...,• .6..11 v e L..»d F_30�,O1eMe Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends -or insurance required to be purchased and maintained by the eUrer--(may CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents. the objecting party, shall-so-mN.ifytlfrother-party OWNER will no6ty Q0�&1CDOR in writing within ten fi_ftM days ath:r receipt delivery of the certificates (or -other -evidence requested) to_V—WNER as required by paragraph 2.7. OWWRR an r�OR sitaah each provide the other such-addilk-4ml-triformation-in respeot-egminstutrnce p rtwi<kxl-es-the other- n; Y-raiaxx Hy --request:— If -either pany-dk�- not -purchase a maintain all of -the -Bands -and insurance--raquired of- such party by AherCoritrad writin-ofsuch-failure to purchase prior to thestmt of the or remady,-llir other Bonds -or insurance to to Partial Utiliabon—Proper!-Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC asNrxAL COtrolnors 191" (I"Q edam) w! CITY OF FORT COLLINS MODIFICATIONS OLEV 41200a) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14.IQ 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 covemge necessitated thereby. The insurers providuig 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 RESPONSIBILITIFS Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Walt competently and efficiently, devoting such attention thereto and applying such skills and capertise as may be necessary to perform the Work in eccadance with the Comet Documents. CONTRACTOR shal I 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 meant, 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 Documents. 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 ENGINEER except under extraordinary circumsmitces. The superimendcm will be CONTRACTOR's representative at the site and shall have authority to ad 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 disc line and order at the site. Except us 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 waking hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requesu to the ENGINEER no less than 48 hours in advance of airy Work to be performed on Saturday, Sunday. Holidays or outside the Regular Workirta 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 facilit es and incidentals necessary for the furnishing, performance. testing, start-up and completion of the Work. 6.4.1. Purchasing Resuietiors: CONTRACTOR must comply with the City's mrrehasing restrictions A cc ov of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: ON of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products comain_ingcement to certify that the cement was not made in cement kilns that burn 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 c(pressly 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 bc. applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contact Documents. Progress Schedule. 6.6. CONTRACTOR shall adhere to the progress schedule 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 paragmph2.9) proposed adjustments in the progress schedule that will not change the Contact Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contact Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order a Written Amendment in accordance with Article 12. 6.7. Substirruva and "O7 Egtud" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the tame of a proprietary item or the name of a articular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EJCDC GENERA&, CONDITIONS 1910.8 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4rr000) contains or is followed by words 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: 67.1.1, "OrEgwl' if in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently 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 ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1 Substitute Items: If in INGIIIEER's sole discretion an item of material or equippment proposed by CONTRACTOR dos not qualify as an "or -equal" item under subparagraph 6.7.1 1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determ inc 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 not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish 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 CONTRACfOR'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 arty 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 connection with the Work is subject to payment of any license fee or royalty. MI variations of the proposed substitute from thim 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 costs of redesign and clams of other contactors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGTNEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR'S expense. 6.7.2. Subsfibae Construclion Alediuds or Procedures: If a ssppeecific mears, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGTNEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. 1NGDTEER will be the sole judge of acceptability. No orI" or substitute will be ordered, installed or utilized without ENGINEER's ptior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any 'or -equal" or substitute. ENG]NEER will record time required by ENGTNEEt and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other dues contract with OWNER for work on the project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute Atm. 6.& Concerning Subcorttradms, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2� whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be require] to employ arty Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC Ot NaLkl, CONDITIONS 1910.8 (1990 Edtian) wr CITY OF FORT CUUJNS MODIFICATIONS (REV 42000) 6.9. CONTRACTOR shall grfonn not less than 20 percent of the Work writs own forces (that is, without subeonttactinO. The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. If-4ha-SuppkmtaMoFy-C.erAtions Biddn Documents require the identity of certain Subconhactors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in--advance-4the-specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, -An" G-GP P46 /-TbR has milim:wd list thereof essertlfaree--witlt-tile-Supplemrnler� f taaRlittiens;; OWNER'S or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of .. 4reF-aF-etter-person--or bees. acecyTtabk- 9uf7sittuti,�hf---(-�-HnEfaet—Pftee—W t}I—IX such }t.*"ianion-aad-an-aPPrapFiate-�rder trNUNhbK. No acceptance tw UWNhK or ENGINEER of any Such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and om issiors of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relutionship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nee shall it create any obligation an the part of OWNER or ENGINEER to pay or to we to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any Subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S *Applications for Payment". 13 6.92. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishirt); 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 any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Dmwiny� shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER.Whenever any such agreemen addiEio .reared-orrth< }xeperty nsuran a provided- in FAmgmphs56 or 54; the agreement between the C4)NTRAC40R--and-the--Subec nuKtor- w—Supptier—will xxm aeteror Stipoief l tt--GONTRAOT9R a -prc�eRy-ietsamtwe-eptpl ieeblete the Work:-411the-instuers-on any _.suclrpolioies-require thA %..... Patent Feesand Royalties 612. 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 patent rights or copyrights held by others. If a particular invention, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINE6R 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 Contact Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, rents. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Wort: or resulting Goa the incorporation in the Work of any invention design process, product or device not specified in the Contact Documents. FJCDCOENEMCOND(IIom 19104(1990E itiw) 14 w/CITY OF FORT COILDS MODIFICATIONS QtEV 42000) Permits 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses 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 fee& 6.14. LawsaadRegula6ons: 6.141. CONTRACTOR stall give all notices and complyy with all Laws and Regulations applicable to fu ZZ, and performance of the Wok. Except where otherwise expressly required by applicable Laws and Regulations, 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 havmg reason to know that it is contrary to Laws or Regulations CONTRAC?OR ,all bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications 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 other similar takes 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 and use taxes on materials to penmanentlymcorporated m_tQ the lsojxt. Said tares shall not be included in the Contract Price. Address: Colorado Decertment of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Tares for the State of Colorado, Regional Transportation Disbia (RTD) and certain Colorado co (ties are colln by tSf CehS Colorado of Exemption. All apphcable Sales and Use Taxes (including State wllected tares), on any items other than construction and building materials olwsically incorporated into the 'ect ere to be id CONTRACTOR and are to mcltded in anorataiate bid items. list of Premises. 6.16. CONTRACTOR shall confine construction equipment the storage of materials and equipment and the ooppeerraations of workers to the site and land and areas identified in and permitted by the Contract Doctunents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, 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 arcs, 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, ENGINEER, ENGINEER'S 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 trap 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 poem caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, 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. CONgRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not leach nor permit arty part of any structure to be loaded in any mariner that will endanger the swcture, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger It - Record Documents: FJCDC GENERAL CONDITIONS 1910 8 (1990 E(Ition) w/ CITY OF FORT (ALUM MODIFICATIONS ttt -V 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Sp cifuatiom Addenda, Written Amendments, Change Orders. Work Change Diectives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in ggood order and annotated to show all changes made dttring construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples awl Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Pr*awcdon: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precaution and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ot; and shall provide the necessary protection to prevent damage, injury or loss to: 610.1. all persons on the Work site or who may be affected by the Work; 6.20.2. 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 Facilities 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 erect 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 6.20.2 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 then 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 ENGINEERS Consultant or anyone employed by any of them 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 protection of the Work shall continue until such time as all the Work is completed and ENGfNEER has issued a 15 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). 6.21. SafeorRepreseniarh•e: 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 Commaaioarion 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. Emergencies: 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 ENGINEM 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 and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 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 dearly 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 EJCDC OENERM. CONDITIONS 191" (1990 Editim) 16 w/ (.TTY OF FORT COW NS ASODIFICATIONS (REV 4/2000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will he as specified in the Specifications. 6.25. Submiaal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, 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, shipping, 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 incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop 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 CONIRACTOR's obligations tinder the Contract Documents with respect to CONTRACTORN 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; mul, in addition, shall cause a specific notation 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. ENGINEERs review aril approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, confirm 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