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549378 LOBOS STRUCTURES - CONTRACT - BID - 8165 MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE RE
City Of Fort Collins Purchasing SPECIFICATIONS F.1,161 Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing CONTRACT DOCUMENTS FOR MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE REPLACEMENT BID NO. 8165 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS SEPTEMBER 25, 2015 — 3:00 P.M. (OUR CLOCK) CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET Addendum 1 CITY OF FORT COLLINS STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 101 and 106 - Construction Zone Traffic Control (April, 30, 2015) 2 Revision of Section 105 - Disputes and Claims for Contract Adjustments (November 6, 2014)31 I Revision of Section 105 and 106 - Conformity to the Contract of Hot Mix Asphalt (January 15, 2015) 8 (Less than 5000 tons) Revision of Section 106 - Buy America Requirements (November 6, 2014) 1 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 107 - Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits I Revision of Section 107 - Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Sections 107 and 208 - Water Quality Control, Under One (April 30, 2015) 4 Acre of Disturbance Revision of Section 108 - Project Schedule (July 31, 2014) 6 Revision of Section 108 - Notice to Proceed (July 31, 2014) 1 Revision of Section 108 - Liquidated Damages (June 4, 2015) 1 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 108 - Delay and Extension of Contract Time (April 30, 2015) 2 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 - Measurement of Water (January 06, 2012) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 206 - Imported Material for Structure Backfill (July 19, 2012) 2 Revision of Section 206 - Structure Backfill (Flow -Fill) (April 26, 2012) 2 Revision of Sections 206 and 601 - Backfilling Structures that Support (July 29, 2011) 1 Lateral Earth Pressures Revision of Section 208 - Erosion Log (January 31, 2013) I Revision of Section 212 - Seed (April 26, 2012) 1 Revision of Section 213 - Mulching (January 31, 2013) 4 Revision of Section 250 - Environmental, Health and Safety Management (January 15, 2015) 14 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401 - Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 and 412 - Safety Edge (May 2, 2013) 2 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Section 601 - QC Testing Requirements for Structural Concrete (May 8, 2014) 1 Revision of Section 601 - Concrete Batching (February 3, 2011) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011) 1 Revision of Section 601 - Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601 - Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 627 and 708 - Pavement Marking Paint (January 31, 2013) 2 Revision of Section 630 - Retroreflective Sign Sheeting (May 8, 2014) 1 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 1 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements - Equal Employment Opportunity (February 3, 2011) 10 Disadvantaged Business Enterprise - Definitions and Requirements (December 26, 2013)9 ii Addendum 2 - 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 4 of 21 Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, .......I1.2, 11.9. 14.7. 15.4 PCBs -- definition of ............................. _...................... 1.29 general............................. _............................... 4.5 OWNER's responsibility for...............................8.10 Partial Utilization — definition of.....................................................1.28 general6.30.2.4, 14.10 Property Insurance............................................5.15 Patent Fees and Royalties._ .................................... 6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments.._ .................. 14.2 CONTRACTOR's Warranty of Tide,-__ ............. 14.3 Final Application for Payment .........................14.12 Final Inspection— , .......................................... 14.11 Final Payment and Acceptance............. 14.13-14.14 general.........................................................$ 3, 14 Partial Utilization._....._............._..................14.10 Retainage............................ _..-..-... ................. 14.2 Review of Applications for Progress Payments ................„ . 14.4-14.7 prompt payment............................_...................0.3 Schedule of Values............................................14.1 Substantial Completioq.............................14.8-14.9 Waiver of Claims............................................14.15 when payments due................................14.4, 14.13 withholding payment........................................14.7 Performance Bond*.,_._, ...................................... 5.1-5.2 Permits 0.13 Petroleum -- definition of............................._......................1.30 general............................................................. 4.5 OWNER's responsibility far . .......... .................._8.10 Physical Conditions— Drawings of. in or relating to .................,,4.2.1.2 ENGINEER'S review.........................................4.2.4 existing structures...........................................4.2.2 general4.2.1.2........................................................... Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............A1.6 Reports and Drawings ..................................... 4.2.1 Subsurface and. .. ................................ _............ 4.2 Subsurface Conditions.--.--------------- ........ Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities— general........................................................ 4.3 Not Shown cc Indicaed..............................4.3.2 Protection of........................................4.3, 6.20 Article or Paragraph Number Shown or Indicated ......... ............. ....... .................. 24.3.1 Technical Data...............................................4.2.2 Preconstruction Confereno;.......................................2.8 Preliminary Matters .....................................................2 Preliminary Schedule4.............................................. Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract..........................................I I Price, Contract --definition of,,,,,,,,,,,,,, .................... 1.11 Progress Payment. Applications for ..........................14.2 Progress Payment--rctainage, ...................................14.2 Progress schedule, CONTRACTOR's,........... z.6.242.9. .. ...... ......... I............... 6.6, 6.29, 10.4. 15.2.1 Project —definition of..............................................1.31 Project Representative— ENGINEER's Status During Construction ............ .3 Project Representative, Resident —definition o.......... 1.33 prompt payment by OWNER ....................... Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization ................................5.15. 14.10.2 receipt and application of proceed4............ 5.12-5.13 Protection, Safety and.............................6.20.6.21, 13.2 Punchlist..........................................................14.11 Radioactive Material— defmtion of ......... ..................... ....................... 1.32 genera14.5 OWNER's responsibility for. .............................. $.10 Recommendation of Paymen4................14.4, 14.5, 14.13 Record Documents _.................................... 6.19, 14.12 Records. procedures for maintaining ..........................2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies ............................. _.._...... 3.3 Regulations, Laws and(or)............................. ....... 6.14 Rejecting Defective Work..........................................9.6 Related Work — atSite .................................................. ...... 7.1-73 Performed prior to Shop Drawings and Samples submittals review ..................... 628 Remedies, cumulative ... ............................. 17.4, 17.5 Removal or Correction ofDefective Work................13.11 rental agreements, OWNER approval required,.,, 11.4.5.3 replacement of ENGINEER by OWNER ...................8.2 Reporting and Resolving Discrepancies.............................._.2.5, 3.3.2, 6.14.2 Reports -- and Drawings ....................... .............. .......... ..4.2.1 and Tests, OWNERS responsibility..„ .................8.4 Resident and Project Representative— defmition of....................................................1.33 provision for .......................... xu E1CDC GENERAL COMnONS 1910-8 (1990 FDmorO W/ aTv OF FORT COLUNS MODIFTCATIONS (REV 9r99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$. ........... _,6.2 Respo nsibilities— CONTRACTORs-in general. ................................. 6 ENGINEER's-in general........................................9 Limitations an ..............................................9.13 OWNER& -in general ............................................. Retainage............................................................14.2 Reuse of Doctorsents........................................_.......3.7 Review by CONTRACTOR: Slop Drawings and Samples Prior to Submittal ...........................0.25 Review of Applications for Progress Payments....................................14.4-14.7 Right to an adjustmeem............................ ........ ...... 0.2 Rightsof Way ----------- _....... ___ ............................4.1 Royalties, Patent Fees antt.---_................................6.12 Safe Structural Loadm&.........................................0.19 Safety -- and Protection ............ ...._. ,.......4.3.2 6.16, 6.18, .................... ......... _...... 6.20-6.21. 7.2. 13.2 general ....... ........... ...................................0.20-6.23 Representative, CONTRACTOR's......... .............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.....................................................0.28 submittal of...................................................6.24.2 submittal procedures.........................................0.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, _....... 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals... ........... ............... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-29, 14.1 Schedules -- Adherence to.................................................35.2.1 Adjusting... _...._...............................................0.6 Change of Contract Time$ ................................ 10.4 Initially Acceptable ...................................... 2.8. 2.9 Preliminary ........................................................2.6 Scope of Changes ............ ........................... 0.3-10.4 Subsurface Conditions, ..... ....................... ......... Shop Drawings — and Samples, general ................................ 6.24.6.28 Change Orders & Applications for Payments, and__.............._...--...............9.7-9.9 definition of............ .......................................... 1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for rcview..................................... 9.7. 6.24-6.29 related Work ........ ._.......................................0.28 review procedures .............................. 28, 6.24.6.28 Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions..............................15.7.3 Shown or Indicated ............................................... 4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness ........................................................ 6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 by others ......................... ........................... ......13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of. .................................................... J-36 Specifications— defination of....................................................1.36 of Technical Societies, reference tg ..... .,__..,,_„ 3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Technical Societies ......... .................... ........... 3.3 Starting Construction, Before..............................7-5-2.8 Starting the WorL............................. _...................... 2-4 Stop or Suspend Work — by CONTRACTOR .... _........ .. .....................15.5 by OWNER............................._...._8.8, 13.10, 15.1 Storage of materials and equipmenl.....................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 ............................ . _..................11 Subcontractors --in general ................................. 6.8-6.11 Subcontracts --required pro♦•isicM ........5.11, 6.11. 11.4.3 Submittals — Applications for Payment..................................14.2 Maintenance and Operation Manuals..............14.12 Procedures.......................................................0.25 Progress Schedules......................................2.6.2.9 Samples ...... ................. ................. ..... ...... 6.24-6.28 Schedule of Values.....................................2.45, 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, .......................... 6.30.2.3, t4.8-14.9 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 Evaluation6.7.3 "Or-Equal"...................................................0.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL COMMONS 1910-8 (1990 EDITIOM w/ CITY M FORT COLUM MODIFICATIONS OtEV 9/" Article or Paragraph Number or Procedures .............................................. 6.7.2 Substitute Items 617.1.2 Subsurface and Physical Conditions — Drawings of, in or relatiig to„,,,_.................. 4.2.1.2 ENGINEER!s 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 ...............4.2.5 Possible Price and Times Adjustments ...............4.2.6 ' Reports and Drawings.--.....-----.--------.......-- - 4.2.1 Subsurface and .............................. - .................. 4.2 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 supervise,,,,,,,,,,,,,,,, . 9.Z 9.13.2 Superintendence ............... ............. . ................. 0.2 Superintendent. CONTRACTOWsresident ...............0.2 Supplemental costs..............................................11.4.5 Supplementary Conditions -- definition of ......................................................1.39 principal references tq .......... ...... 1.10,118.2.2,17, ................. :!.Z 43, 5.1, 5.3,5.4.5.6-5.9, 5.11.6.8.6.13.7.4. 8.11.9.3.9. 10 Supplementing Contract Document* ........................3.6 Supplier -- definition of ... .............. **"'' '"* 1.40 principal reiC.....................................................1.40 references 7,6.5, 6.8-6.11, 6.20, .. ...... '* .............. . 0.24.9.13,14.12 Waiver of Rights ......... .......... ....... . .............. 1S.11 Surety -- consent to final payment, ....................... J4.11 14.14 ENGINEER has no duty to .................................9.13 Notification of ....................... ... ..... 10.1.10.5.15.2 qualification of ............................... . ............. 5.1-5.3 Survival of Obligations .................... ................. §.34 Suspend Work, OWNER May ................. .... J13.10,15.1 Suspension of Work and Termination.......................15 CONTRACTOR May Stop Work or Terminate........_....__...........................15.5 OWNER May Suspend Work.............................15.1 OWNER May Terroinatik ............................ 15.2-15.4 Taxes --Payment by CONTRACTOR .........................0.15 Technical Data— Lim iwd Reliance by CONTRACTOR................4.2.2 Possible Price and Times Adjustment$ ..............4.16 Reports of Differing Subsurface and Physical Conditions .................................... 4.2.3 Xiv Temporary constructicri facilities ................... ..... 4.1 Article or Paragraph Number Termination — by CONTRACTOR...........................................15.5 by OWNER ......................................... 8.8, 15.1-15.4 of ENGINEERs employment ...............................0.2 Suspension of Work-in general .............................15 Terms and Adjectives ..............................................3A Tests and Inspections -- Access to the Work, by others ...........................13.2 CONTRACTOfrs responsibilities ......................13.5 cost of 13.4 covering Work prior to ..............................13.643.7 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 ......................... 9-6 timely notice required .......................................13.4 Uncovering the Work, at ENGINEMs request ................................................ 13.8-13.9 Times -- Adjusting, .................... . ................ ......... I ....... 0.6 Change of Contract.,_.,,.,.,,-,„„,,,, __-„,,,,,,,,' 12 Computation of 17.2 Contract Tim es�-de day.........................................................17.2.2 Milcstones..........................................................12 Requirements — appeals ............................. ...............9.10, 16 clarifications, claims and disputes... ............... 9.11,11.2,12 Commencement of Contract Times ................ 2.3 Proconstruction Conference ...........................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 of ................................ ................... j.41 Not Shown or Indicated .............. ........ ........... 4.3.2 protection of ........... ................. ... ...... ... 4.3.6.20 Shown or Indicated .................................. Unit Price Work, claims.........................................................1.1.9.3 definition of .................. ................................. J.42 gentrall 1.9. 14.1. 14.5 Unit Prices -- general 11.3.1 Determination for 9.10 Use of Premises ........ .................. ... 6,16. 6.18. 6.30.2.4 Utility owners .............................0.13, 6.20. 7.1-7.3,13.2 Utilization. Partial ................... 1,28. 5.15. 6.30-2.4. 14.10 Value of the Work ..................................................11.3 Values, Schedule o( ............... ......... 2.6.2.8-2.9,14.1 EJ= CENIP-91 CONDITIONS 1910-8 (1990 EDITION) wt aTy OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work- -Minor Authorized ..... 6.25,6.27, 9.5 Aa icic or Paragraph Number Visits to Site --by ENGINEER . ................................... 9.2 Waiver of Claims --on Final Payment ...................... 14,15 Waiver of Rights by insured partic* ....... ......... 5.11,6.11 Warranty and Guarantee, Gencral—by CONTRACTOR ............................................. _030 Warranty of Title. CONTRACTORS ........................14.3 Work -- Accessto ............ ........... ........................ 13,2 byothers ..............................................................7 Changes in the.-..................................................10 Continuing the ..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination ot ..................................................7.4 Cost of the ............ ......... ........................ 11.4-11.5 definition of ......................................................1A3 neglected by CONTRACTOR, .......................... .13.14 otherWork ............................................................7 OWNER May Stop Work ................................. 1110 OWNER May Suspend Work ....... ........... 33.10,15.1 Related, Work at Site ..................................... 7.1-7.3 Startingthe, ..... __ ............. .......................... .... ;.4 Stopping by CONTRACTOR .............................15.5 Stopping by OWNER ..................... ........... 15.1-15.4 Variation and deviation authorizecl. minor .......... •3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of ........... ........ ................ - ............... 1.44 principal references to .............. ........ 3.5.3,10.1-10.2 Written Amendment -- definition of ..................................................... 1.45 principal references tq ........... _ 1.10, 3.5. 5.10,15.12, .................I.......0.6.2, 68.2,619,10.1,10.4, ............. - .... _ 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ................................ _16.3,9.4,9.11 Written Notice Required — by CONTRAC70R. ............................. 7.1, 9.10-9.11, 10.4.11.2. 12.1 by OWNER ................... .9.10-9.11,10.4,11.2,13.14 XY EKDC (ENERAL CONDITIONS 151o.a (199a EX'noN) w/ CITY OF FORT COLLIMMODMCATIONS (REV 91M (This page left blank intentionally) xvi E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w(CITY OF FORT COLLINS MODIFICATIONS (REV 91W GENERAL COMMONS ARTICLE 1—DEFEWTEONS 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 Reguurements 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 pan thereof as provided therein. 1.3. Apylication for Payment —The form accepted by QVG R which is to be used by CONTRACTOR to requesting progress or final payments and which is to be accompamod by such supporting documentation as is required by the Contract Documents. 1 A Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6_ Bidding Docwnents—The advertisement or invitation to Bid ittswctions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bonds -Performance and Payment bonds and other instruments of security. 19. Change Omer —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition• deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times. issued on or after the Effective Date of the Agreement. 1.10, Conlract Documents —The Agreement. Addenda (which pertain to the Contract Documents), CONfRACTOR's Bid (including documentation accompanying the Bid and any 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 ElcDC GENERAL CONDITIONs 1910-8 (1990 Edtiom) w1 CITY OF FORT COLLINS MODIFICATIONS OtEV 442000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to 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 drawmgs referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 111. Contracl 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. Confract Times —The numbers of days or the dates stated in the Agreement: () to achieve Substantial Completion, and (u) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final peymera in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has enteral 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 Doctmtent%, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope. extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1,16. Effective Dare of the 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 person, firm or corporation named as such in the Agreement 1.18. ENGINEER's Consultant -A person firm or corporation having a contract with ENGINEER to furnish services as ENGTNEER'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 paragrah 9.5 but which does not involve a change in the Contract Riceor the Contract Times. 120. General Requirements —Sections of Division i of the Specifications. 1.21. Hazardotu Waste —The tetra 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. I22.a. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rtdes, regulations, ordinances codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdicuon. 122.b. Legal Hohdays--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 inteonediatc completion date or time prior to Substantial Completion of all the Work. 1-25. Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successt'ttl bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority. o O association, Cum or person with whom CONTRACTOR trRACTOR 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_ 1 29 PCBs —Polychlorinated biphenyls 130. Petrokwn—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 itch absolute), such as oil, petroleum, fuel oil oil sludge, oil refuse, gasoline, kerosene and oil mixed with other rmn-Hazardous Wastes and crude oils. 131. Pryect—The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32.a Radioactive Material —Source" special nuclear, or byproduct material as defined by the Atomic Fnergy Act of F)CDC OF21ERAt. COMT1OM 1910-9 (1990 emtim) w/ CITY OF FORT COUINS MODIFICATIONS (REV 4rt000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Moriinq Hours --Regular working hours arc defined as 7700am to 6:00um unless otherwise specified in the General Requirements. 133. 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 tine 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. Specicotions--Those portions of the Contract Documents consisting of %witren 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 part thereof) has progressed to the pour 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 part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is compkte and ready for final payment as ,widened by ENGItv'F.ER'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. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrotmd Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or otter such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage rmuovaL traffic or other control systems or water 1.42. .Unit Price Work —Work to be paid for on the basis of taut prices. 1.43. Work —The entire completed construction or the various separately identifiable ppararttss thereof required to be furnished under the Contract Documents. Work includes and its the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44, Work Change Directive —A written directive to CONTRACTOR issued of or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an additicst, deletion or revision in the Work, or responding to differing or unforeseen physical conditions ruder which the Work is to be performed as provided in paragmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order fallowing 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 Amendment —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 nonerl&cering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELUMNARY MATTERS Delivery of Bon& 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDocumenu. 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasoruahly necessary for the execution of the Work. Additional copies will be furnished. upon request, at the cost of reproduction. Commencement ofComraet Times; Notice to Proceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, VCDC OENERA1. CONDITiOM 1910 8 0990 ECKUm) w/ CITY OF FORT CMUM M0OIFICAT10P1S ftW 92000) 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 4n na si-ml... ill the CanaAet Tim - of-Bid-opening-ar-the-thiniath-day-after-the kffaetiva Qete afiltetlgreemertHvhiehever-darn sewn en 59arting 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 be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify inert figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effectve Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1- In no case will a schedule be ace ble which aIlrnys less than 21'calenda_r days for each review by Emaineer. 2.6.3. A preliminary schedule of values for ell of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is smiled, CONTRACTOR &Pot BWAFh& shall eaeh deliver to the ed4w OWNER with copies to d in the Supplementary Gonrii6am ENGINEER certificates of insurance (and other evidence of insurance nest requested by_ OWNERI which CONTRACT RR- y-era is required to purchase and maintain in accordance with paragraphs 5.4-5:6-wW 5.4. Preeonstrnction Conference. 2.8. Within twenty days after the Contract Times 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. Initially Acceptable Schedules• 2.9_ Unless otherwise provided in the Contract Documants, . Application for Poy-mant before any work at the site begins a conference attended by CONT RACTOR, ENGINEER and others as des ang ted by OWNER will be held to review oratpr a�ptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Di-v Jon I -General Rkquite e CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No pregress 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 providm$ 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 sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACIOR'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 CONTRACTORS schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent., 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by 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 32. it is the intent of the Contract Documents to ErCDC OENERN. CONDITIONS 1910-8 (1990 EW ia) W CITY OF FORT COLW NS MODIFICATIONS atEV 4r10a0) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be 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 Specificatimrs of Technical Societies, Reporting and Resoi)ing Diserepancieg. 3.3.1. Reference to standards, specifications, manuals- or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by imtphcatiom shall mean the latest standard specification, manual, code or Laws or Regulations in eftbct at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents 3.3.2. lf; 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 ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorize by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in patapraph3.5 or 3.6; provided. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repon any such cordlict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in praragraph3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. 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 change 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, nor shall it be effective to assign to OWNER ENGINEER or arty of F"NGTNEER's Consultants, agents or enploy= any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable". "suitable", "acceptable" "proper" or "satisfactory•" or adjectives of like effect or import are used to describe a requirement, direction review or judgment of ENGINEER as to the Work. it is interned that such requirement, direction, review or judgment will be solely to evaluate, in geruml, 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 tern or adjective shall no be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authonty to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents, Amending and Suppfemenring Coabaer Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns 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 EXDC OEN&RAI. CONDITIOM 1910.8 (1990 Mimi col CITY OF FORT COU INS MODIFICATIONS (REV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3b. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authonwA in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Strop Drawing or Sample (pursuant to paragraphs 6.26 and 6,27), or 3.6.3. ENGINEER'S written interpretation or clarification (pursuant to paragraph 9A). Rerrse ojDocamen& 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization perfomin$ or faanashing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire am' title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse arty of such Drawings, Specifications, other 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 Avadabilhy of Landr., 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon reasonable wMiertrequest; A()n .14 . __—_ el staitmentofrecord .legal .F tle and kgal-dawnptiorro€the larRls�rpoa-whic}f-the-�Vc�lris-lei-bn-enn"nI-aacl 9WNERs- interest -therein asrnecs;ssary {or -giving" -notice of--or-tiliffg--e-meclteniu's lien -against- Stroh--lands-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNfiR's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET Addendum I Minimum Wages Colorado, US Department of Labor General Decision (January 9, 2015) 7 Number C0140024, MOD 1, Highway Construction for Larimer, Mesa, and Weld Counties On the Job Training (July 29, 2011) 3 Partnering Program (February 3, 2011) 1 Required Contract Provisions — Federal -Aid Construction Contracts (October 31, 2013) 4 w Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 5 of 21 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facities or storage of materials and equipment. 4.1 Sabsurface and Physical Conrarions., 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsrrface Conchnonu: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utili2ed by ENGINEER in preparing the Contract Docmnents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface strucars 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 Aidhorced' 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 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.223. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Sabmirface or Physical Con &ttons: 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 41.3.2. is of such a torture as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910.9 (1990 E.&tim) wi UTY OF FORT ODLW NS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual mature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shallpreatptly in immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted try paragmph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform arty Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Revirnv: 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 ENGINEER's findings and conclusions. 4.2.5. Possible Contract Doctanents 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. PassibLi Price and Times Adjrerb»eJrts: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition crass an increase or decrease in CONTRACTOR'S 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 paragraphs 4.2.3.1 through 4.2.3.4, inclusive: 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic nuthoriration of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Rice or Times if; 4.2.6.4,1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final connmitmerlt to OWNER in respect of Contract Rice and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.1 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to COINTRACTOR's making suds fuel commitment. or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3, If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or IeriFth of any such equitable adjustment in the Contract Price or Contract Times, a claim may he made therefor as provided in Articles i I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall no he liable to CONTRACTOR for any claims, costa, loses or damages sustained by CONTRACTOR on or in connection with any other project: or anticipated project 43. Physical Conderions Underground Facilities: 43.1. Shorn orhrdcated: The information and data shown or indicated in the Contract i ocumcnts with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by other. 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 43.1.2. 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, (a) locating alUnderground Facilities shown or indicated in the Contract Documeres,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities ns provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.1 Not Shorn 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 Documents CONTRACTOR shall, promptly immediately after becorning aware thereof and before further disturbing conditions affected thereby or iterforming art), Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC OENELtAL CONDIMOM 1910-8 (1"0 Edition) w/ CITY OF FORT WLUM MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and e4GINEER ENGTNEER will promptly review the Underground Facility and determine the ecteru, if any, to which a change is required in the Contract Documents to reDect 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 Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in pampreph 6.20. CONTRACTOR ehall may be allowed an increase in the Contract Rice 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 mid could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of arty such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGiNEER's Consultants shall not be liable to CONTRACFOR for any claims, costa, losses or damages incurred or sustained by CONTRACTOR on or in connection with any oiler project or anticipated project. Reference Pointe: 4.4. 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 laying out the Work, shall pprotect and preserve the established reference points and sha11 make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petraiatm, Hazardous Wade or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the stet OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible- 4.S-2—C.ON-TRAGT-OR sha}lin}medietely (i)-stop all such-notice-in-writittg)--f3�L'h SR --she }l-prompFly (beau!!-with-Si3GIIdEERsunexxtung thenecessitp for ©V§VER-to-retain-a qualified -expert -to evaluate such hA mrd0!!6-{1gtK}itiHq-yiiia 'sorrective aotiiim if any, C- ON-T AC'FOR-shall-rrok brretl wed -to -Wick env-rec)<iired-permits- related -thereto- and -delivered -to (ii)-speeifyingartyspecial-(xm4itionrundei wluclrsuoh iArMi may be resumed safelY " OWNER and EONTR.4E=FOR-cafah*- agree -e::--tc-nntitlrmenHo-ern the amount of e?aent any n)r•-"^• oe eF r_.o to.-,-o...., r:...,e.� ...mot. or gil _t. 4 ft AP_ I 1 AA91 I' 4 5-3, if after of 9wh COA�R-Ai: i (�R des flat-egn�eriD resume such work be .a an a reaso-able belief i. is _aft or gees ft condition of in sueh ftffeeted of e 6e irQ o-SIR-,�rf PIVNI- __d i QNTR r'TOR _ agree as to entitlement to or -the amount or -extent of -an critter-party-mtey-nwke-a claxtrihewtor-as provided -in portion -of the -Work performed-by-OIVNIV-owte foEws orothers inacaordance with Atticle,7- Regulatiom -OWNER shall—i K1 m vfC .end --hold httrtt}ess--CON7R—ACT-OR, Subcm"ctors. officers:--directers - -employees --agoras:--other eonsulurntc-aril-sa+tnxtrurxeictra;-oG-each- nod-any-atf them -from -and -against all -claims. --costs, losves-and damages -arising -out- of -or-resulting-from---such o usst,-loss-or-dzmase-is-aunbuabie-te bodily -injury: including- the -low -of-use-resulting-therelirom and (ii rnodang 'in -this subparagraph 4.5.4 shall obligate 014W,R to irulemnify.any, fiersonor entity -(iron. -aril ownneghgenee: o m.o-+vrwn � ..-e MveAlsel At The sae Fjcoc GEmx& cortotnom rvio-s tisvo Edition) wl (]TY OF FORT COIL] rZ MOOIFICATIOF]9 (P.EV 4R000) ARTICLE 5-BONDS AMID INSURANCE 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 CONTI ACTOR's obligations elder the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by laws or Regulations and shall be executed by such sureties as are named in the current list of "Co mpannes Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stak Bureau of Goverment 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. 11censed Sureties and Insurers; Cerrifrmres of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorisd in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain In accordance with paragraph 1.4. 01'01 -shall additional-insured--tdentifred -in -the-Srr�nletnattary ftlFt6�#t � CONTR4CTOR's Liability lawrance: 5A CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work - being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Docummis, whether it is to be performed or firmshed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONERACTOR's employees, 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONPRACTOR's employees; 54.-olaeas-for-damagas-insured-hy-custommary LkF 'meat-ef-such persem_by GTQP� by any other person laF 8t1%�Tt`830rY - 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 resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any, person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall- 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9 include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less then the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 191" (t 990 Edition) wJ CITY OF FORT COLUNS MODIRCATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOWs indemnity obligatiors 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 insumnee furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until foal payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the 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 OWNER's own liability irstrance as will protect OWNER against claims which may arise from operations under the Contract Documents. Noperg,Insarance: 5 6. bTrdesa otherwise-previdad in ilia-Supplrrnantary Conditiomts;--OW'NER--shn1}-purchesa-amd-- tneuttein oG-the-full replacetment--cost-tlteraoi-(subject--to-wsh deductible- - amounts -as - may -be-provided---im--tha Supplemtntary- - Conditionscur-required-by-L-a"-and Regulations).-This-imtuantce-shell- 5.6-1. vwltmde�;�—inleresutof—QWtsi&R: rn 4RnnTQR Subrawractars, ENOP;9FR• erAiues.-idemifined-in-t io-Surppk nentary--C-Mwitions, each of -whom is deemralo havrsrr nsurabk iraeresl and -shall -be liswdasan-iasuredax-adclitatxnnfinwracl-: 3:62 +k-ivrMen-on--e-Buildds-Risk-"elI-mV-or optRP__ -1 OF VeU al shall -tor 1 tF,aiil. And, qhAll iiisiaie against, at lea �s the --at ving---perils fire, lightning, ..de severage.- fheh;-var>c�limt-and-me€icious-mischiaE wain -damage: and - aeh tar perils--es�ttey-tea c 4--iriclude c:xpcn=i-imurmd-ir-Ox--fepair--or replacement of tiny insured property *wludtng-btt£-not limited -ter -yes and s,L,arge>of--meinaars-and architects); opst-another- location that wasegend-to-in writing -by lhe ten. I...i.n;4-been i2EHmmHlded by-aMDUlER� und 5.6.5. be maintained eta(-payatenl-IS made unless othe se� eej to 'in writ f14Q4ED M\*'I'D Af�Tl1D ....-! L1;GP4L'LD\��A�T�D��-1�,���LR � a eRAh other A IJd:,:......1thirty dAy4 i1 5.7. !„S--v� iBR:ma}i�pdf2hfl.7e-ml�tFlBfn£a}ft-WiCh-bBi}CF as rite-Supplmtexttary Conditions or OWNER nU c\.ra\rt HR -0nia£ e9 is d x to hevea 8A-NLAr mainarined-by OWNER in accordance -with paragraphs +:t oovemge-454ded--wiN-txx-ba--�noe}k d-or -matLr ally ltir g .,r rertewaa ra€ d �ntiEat t tlltirrty days- pr or wre start-notice-has-oxen-germ--tor--OWNER --and whom a rtifipate-ot=irsuranor-has--beers i.asued and will contain —waiver —provisions --in -accordance with PHraritph 59. OWNER shall not he responsible for purchasing and maintaking any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in Identified-t, the_Suppjai1 tTita(y ,CFriditions-...The -rtsk -of such -loss --and -if--any-of -them -wishes-property--insurance coverage within the timits ofsuc�-amounts each may purchaseandmaintain4tst-thcpurchati9 sownnxpanw. 5.10. ff--rax{uesls-in wrilirlg--that-other r hone Order or Utrinen Mlenelment Prior EICDCOSNMAL CO,mtnors 191as (19so s(itim) 10 w1 CITY OF FORT CL)LU NS MODWICAT£ONS (REV 42000) oommemement-o€ the W'orl: M the site. UW NZR-shall- in ell po} eiaa-potshotsad n accordane-wi£hperagrap is_5,6 Subeontradtxs. ENGINEERL--JR4gR BBR's insured9-or-additMnal- nsureds in -such -policies and damage$--6Q}358t�1 y the ..eFik covered thereby.. All such err the me lid ppayr ant net 56-Ortlar oath the �, the in-- 4r. F+�hfS-aiBilBl—iFtSui�il)M. O APHt and —'cvONT-.DAGT-GiGR—waive --all ri 9 �ehe�]..andther������ direct n � and agents for fill lass^. onlss^q on in __additi n4 mi' .SFib0ElitBaacn:�flr'iil ft`lllvi. �'161t lialSlt.0 F'axisaltantsond nllother-parsoreor.�mitiasitlantif�ed payable uilderany policy-so-issu2 ...^.. against-- l�I E-Suboontrauiors; am Eh- offiioers,- irewterss-entpleyees-ard agents -of -any -of them far. ef-use-oF-other-aonse uentml -1oss-4,aemhng beyond-direvi-physical-loss--*r- damage -to QAwER 14C eauged by, aF erisirtguuto€or--- _Wtingtm €re er tethef -petit. whetharar-not irlraured hy,3WWsR:4nt1 ST-1 2 --less <x-darttege- to -Htr completed restAung-Firam tore or -other -' insured -peril covered during, -- plrual-----utilinalion----pursuant--lo paragraph 14.10. -alter Substantial Completion purwaant to rttragnlph-l4S or after trout flayment Arty insumraa-p licy.ina' ITyfcas& damagte� Gorsequential Imo. ,� Fesinqlrprq'll have no rightsar reeovary-ageirui-any-oI CONTRACTOR: -Subcontractors; t' a hear: ReceiptandApp&cation ofinsuranceProceetls: 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 with n fifteen days after the occurrence of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers M•,.c—orrm-ti -�rvR Acceptance of Bonds and Insurance; Upnlon to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bonds -,Dr insurance required to be purchased and maintained by the eUief—party CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the objeetirrg-panty-shed} so-rtotify-the-eaher-party OWNER will n,MfY C QN_LR A= in writing within ten fi&§_m days after receipt dcl� of the certificates (or-othar-evidence requested) to OW a3 required by paragraph 2.7. IhL other-susireddirional--inferntation it respect -of insurance y-rcwscnah! v-raqunst--If-e�ithesr try Aces, not or mainL4in all -of -the Bondsand i nsumtto&- raqu4ed--of such -party -by- -the—Contract writing,- of-such-fadure to -purchase -prior- tovthe start -of -the Wcarl�' er-ef-s+ch-fEFit" anY.-change in or remedy-,, th6other-party- may- eke -to o Nam-equivalant ]3ortds-or-imura In protect-such-o therp rty's interests at ihe�xpernse-pf4he-party-who�was-wquled-tevprovidesuch Goraraef-Priee-aecordirgly Partin! Ud&zAtion—Propenj, Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC OENIALAL CONDITIONS 1910-8 (IM Edam) V CITY OF FORT COLLINS MODIFICATIONS (REV 4/2tlaa) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14, M provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S Supervvizon and Superintendence 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and npplying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall no be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract 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 circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular 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. CQNT&6CTOR shall submit rec)_uests to the ENGINEER no less than 48 hours in advance of anv Work to be performed on Saturday. Sunday. Holidays or outside the Regular Workinst Hours. m 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and &some full responsibility for all materials, equipment, labor, transportation, cimstruction equipment and machinery, tools apphan= fuel power, light heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the fumishing, performance, testing start-up and completion of the Work. 6.4.1. Purchasing Restriction: CONTRACTOR must comply with the Cirv's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing aid Risk Management Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that supoliers and products of cement or products containing cement to certify that the cement was cot made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall he of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly rum 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 uqui ent shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instruction of the applicable Supplier, except as otherwise provided in the Contract Documents, ProgressSeitedul,. 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 antes indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not charge the Contract Tunes (or Milestones). Such adjustments will conform generally to the prog m schedule then in effect and additionally will comply with any provision of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12-I- Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substkutes and "Or -Equal" Rents: 6.7.1. Whenever an item of matenal or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EX DC OEraant c0NDinora 1910s (IM Editim) 12 w/ CITY OF FORT C01.11 M MODIFICATIONS (REV 4l1000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permittal, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances, 6.7.1.1. 'Or•Equal". if in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is firrwtionally 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 wridtout compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualrfy 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 determine that the item of material or equipment proposed is essentially equivalent to that ramed 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 fast make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the function 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 airy, to which the evaluation and acceptance of the pproposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion m time, whether or not acceptance of the substitute for use in the Work will require a charge in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variation of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6.7.1.3. COMRACTOR'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. Substitute Constnuchon Meduds or Procedures: If a se ific means, method, technique, sequence or prucechuc of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may fumish or utilize a substitute means, method technique, sequence or proccdtre of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEF-Rs 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. Engineers Evaluation: ENGTNEF.R 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. LNGINEER will be the sole judge of acceptability. No or I" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to famish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR put== to paragraphs 6.7.1.2 and 6.7.2 and in making charges in the Contract Documents (or in the provisions of any other direct 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 ENGTNEER's Coraultants for evaluating each such proposed substitute item. 6.& Concerning Subcontradon, 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 required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. FaCDC oi•MM coNmmONS 1910B (1990 Edticn) wv MY OF FORT MLW NS MODIFICATIONS %FV 4120aa) 6.9. CONTRACTOR shall perform not less than 20 np_ercent of the Work with its own force.1that is., without subepntrartirtgi. The 20 percent reouirement shall be understood to refer to the Work the value of which totals not less than 20 vercerd of the Contract Price 6.8.2. Biddine Documents require the identity of certain Subcontractors, So pliers 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-oPhe-speoifted date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, --end- iE' opctr etaentary—C=ottditiort€ 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 has. avxs;ianEithe accepiah -substitute, thveContract —Prie-2 %iii be such substitution end- an appropriate- Clionge-Order gdl constitute a condition of the Contract requiring the use the named suhoontractors, supp ers or other persons or organization on the Work unless mior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER 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 Cully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fumishing any of the Wok 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 relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see 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 firm sh to any subcontractor. supplier or other person or organization evidence of amounts Paid to CONTRACTOR in accordance with CONTRACTORS "Applications for payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors Suppliers and other persons and organizations performing or fiurtisift 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 Drawings 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 terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever any queh agreement addaiortal-ircwred-an- the --pxoperty�nee-feov ism MURAGTOR-and-4he-Subcontractor^or-Suppl iar-will Mweetef of Supplier used by: by ahleto the -Work: W-- the insurers on any -such- olic es -require fsms to be swMd by or Patent Fees and Royaaldes 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of 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 m ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest 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, costs, losses and damages arising out of or resulting from any m ingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design process, product or device not specified in the Contract 00cumems EJCDC GENERA. CONDIT101451910-9 (1990 Editim) 14 w/ CITY OF FORT ODLWNS MODIFICATIONS 0tEV 412000) Permits: 6.13. Unless othe wise provided in the Supplementary Conditions, CONTRACTOR shall obtainand 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 Agreemem. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. G14, LawsandRegulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fwraslvxg and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONfRACTOR's compliance with any Laws or Regulation. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall 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 tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be rpyMancnilv incorporated into the project. Said takes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Armes 1375 Sherman Street Deriver_ Colorado_ 80261 Sales and Use Taxes for the State of Colorado Reoorml Transportation District (RTD) and certain Colorado counties me collected the State of Colorado and ate included an b Cent capon of F-umption. All applicable Sales and Use Taxes (including State collected tares), on any items other than construction and building materials physically incorporated into the Mare to be paid by CONTRACTOR and are to incuded in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the oappecrraations of workers to the site and land and areas ident Ged in and permitted by the Contract Documents and other land end areas permitted by laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER ENGMERs 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 Fran any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or aqv other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completicin 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 CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shell CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910-9 (1990 Editim) w/ CITY OF FORT COL1IA6 MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, aral prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safely and Ptwecdox: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ut and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persona on the Work site or who may be affected by the Work; 6.202. 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 620.2 or 6 ^_0.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings; or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by arry of them or anyone for whose acts any of there 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 ENGINEER has issued a CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET SUMMARY OF WORK PART 1 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 herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based 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. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge4Replacement Page 6 of 21 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. Safety Represenmeh•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 Commmicution Pragranu: 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. Fmergendes: 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 writen notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions. specified performance and design criteria, materials 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. 624.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawmngs and Semple 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 EICDCOEN RAL CONDIMON31910.8 (1990 Edilim) 16 W CITY OF FORT CDLLINS MODIFICATIONS ft-V 4,7000) purposes required by pamWaph6.26. The numbers or each Sample to be submitted will be as specified in the Specifications. 6.25. S}rbmiaal 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 nstallation pertaining to the performance of the Work, and 6.2513 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 Slop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations tinder the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGMER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, alter installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a se IC 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 submittals. 6.27. ENGINFER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any vanation 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. 6.28. 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 pertbnned poor to ENGINEERS review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the War#- 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's Genavi Warranh' and Guarantee 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 caused by: 6.30.1.1. abuse, modification or improper mairaerianne or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC OENERN. CONDITIOM 19I0S (1990 EdUM) w/ CITY OF FORT GUILDS MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work m accordance with the Contract Documents: 6.30.2.1. obsavations by ENGINEER: 6.30.2.2. recommendation of any progress or final payment by ENGINEER: 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.24. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so. 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. arty correction of defective Work by OWNER Indenmifrosdion: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER ENGnMR's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (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, lass 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 (n) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor. any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part 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 regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers. directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, arr person or organization directly or indirectly employed by 17 any of them to perform or f mush any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, conpensauon or benefits payable by or for CONTRACTOR or arty such Subcontractor, Supplier or other person or orgarazatlon under workers compensation ads, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of und er der paragraph 631 shall extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Su ndrnlofObltgadons 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Document-, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and lamination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site. 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar 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 Documem % then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles I l and 12 if CONTRACTOR believes that such performance will involve additieal expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am oust or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is per&inning 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 cutting, fitting and patching of the Work that may be required to make its several )arts come together properly and integrate with such other work CONTRACTOR shall riot endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and reTosibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other oontmdors to the extent that there ere comparable EJCDCOENERAL CONIXTIONS Islas (I'MO Edition) 1s a/ CITY OF FORT COWIds MODIFICATIONS OtEV412000) 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 pan of CONTRACTOR's Work depends upon work performed by others under this Arm 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOWs Work except for latent or nonmpparent defects and deficiencies in such other work. C.00rr6nisvon: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the followingwill be set forth in Supplementary Conditions: 74.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S RESPONS RELITIES 81 Except as otherwise provided in these General Conditions, OWNER shall issue all eommunicatiom to CONTRACTOR thtoughENGMM 8.2. In case of lamination of the employment of ENGINEER, OWNER shall appoint an engineer aganel wfiem G TBR--m 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. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNERSs identifying and making available to CONTRACTOR copies of reports of exploraticris 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 Contact Documents. 8:5.-81W;ER's r parchesing fanti-irrpere�ephs3-ittirotg)rS-1& 8.6, OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRACT*OR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Flee anartgemantS-lieva-beedt---mede�-satisfy--0U�ER's rasponsdruht} -ur respect-tharmFwtll ba 9s set-foAh-inthe Supplementary -Conditions.. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWAER's Representative 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall no be extended without written consent of OWNER andENGINEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC OENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COUIN5 MODIFICATIONS (RSV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work- Based on information obtained during such visits and observations. 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 continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and onsitc observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly, but without limitatio>, dunng or as a result of ENGINEER's on site visits or observations of CONTRACTOR'S Work - ENGINEER will not supervise, dirax, 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 Representadve: 9.3. If OWNER and ENGINEER agree, ENGiN'EER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragrapbs9;3 and 9.13 aFrI in the S,.....e.,me ,.. fonditiens 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 and authority and limitations thereon of such other person will be as provided in the 5npplement�GIere �raW-apl�2i of thew General Conditions f the ENNEER furnishes a Resident project Remesentative MM or other assistants or if the OWNER designates a Represerttati_v_e or agent, all as "ided is paragraph 9.3 of the General Conditions I s shell have the authority and limitations as p aided in paragmh- 9.13 of the General Conditions and shall be subject to the following: 9.31 The Representative's dealings in matters pertaining to the on -site work will, in eeneraL be with the ENGINEER and CONTRACTOR Bul. the Representative will keep the OWNER_}po-perly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and a=oval of the I$7.�t1t7_ 1soI 9.3.2 Duties and Responsibilities Remcsmtative will. 9.3.2.1. Schedules - Review the tro¢ress 19 schedule and other schedules p>� by the CONTRACTOR and consult with the ENGINEER concernilgacccMability 93.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as orc�nstruction eomfeteaces progress meetings and other job conferences and prepare and circulate copies of minutes of meetlrl s 9.3.2.3. Liaiwn 9.3.2.3.1. Serve as ENGfNEFR'S liaison with CONTRACTOR working Principally thromh CONTRACTORS superintendent to assist the CONTRACTOR in understanding the Contract Doctanents. 9.3.2.3.2. Assist in obtaining from OWNER additional details a information, when rewired for Proper execution of the Work. 3.2.3.3. Advise the FNCrINEER and CONTRACTOR of the commencement of any Work re d�rwm a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work. Reiection of Defectiv Work. Inspections and Tests - 9.3.2.4.1. Conduct on-sitc observations of the Work in ¢Mess to assist the ENGR LEER n determirtinp that the Work isQrocxdtn' gin accordance with the Contract Dmumems 9.1.2.4.3. nv visitira inspectors representing oublic or other agencies having jurisd ction over the Project reco the results of thew inspections and report to the ENGINEER. 9.3.2.5, Iruerisetetion of Contract Doc; ENGINEER when clarifications and interpretations of the Contract Documents are needed and trarlsntil to CONTRACTOR clarification and inuroretation of the Contract Documents as issued by the Ia�ida N 4 9.3.2.6. Modifications. Consider and evahmte CONTRACTOR'S suggestions for E1CDC GEM RAL COMMTIOM 1910-8 (1990 Edilim) 20 av CITY OF FORT IX)I11M MODIFICATIONS(KLV 4R000) modification in Drawings or SMificatiots and report the recommendations to INGER. Acc aate�y iron unit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. K�JUIt1,7:C�iC�).: �.. 1. 7 s• 2?,2 $ j �umish ENGINEER pe�gcjjc ins` reamed of Lh pr ess pf the Work and of the coW CTOR'S comoliiaance with the psogess schedule W)d SChedLde of shop Drawing and sample RbLI Mis- advance of schedufrng_Ins or tests. itspww s or start of important phases of the Work. 9.3 2.8.3. Draft oroocsed Change Orders and Work Directive Cha_tses obla— ng backup material from the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Charges and field orders 9.32.8 4 Repot immediately to FNGMMZ and OWNER the oceu rmace of any accident. 9.3.2.9. Payment Requests. Review applications ff payment with CONTRACTOR fa oompliana with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularlythe relationshi of �a}merit regumted to the schedule o_ vatRo. work completed and materials and equipnent delivered at the site but not incorotxated m the Work• 9.3.2.10. Completion 93.2.10.1. Before ENGINEER issues —a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items reauirim correction or conoletion 9.3.2.10.2. Conduct final inspectiun 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 corrected or corn feted and make recommendations toENGINEER concerning acceptance 93.3. Limitation of Authority: The Representative shall not: 9.33.I. Authorize any deviations from the Contract Documents or accept any substitute materials or ernrioment. unless auth9llbg&i by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake arN of the responsibilities of the CONTRACTOR Subcontractors. or S�Ni}��T4B'S�>xairscgtdtctt: 93 a 4 Advisor on or issue directions relatjve to, or assume control over any aspect of the mean% methods techniques. scouenccs or procedures for cortstntction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions (eeardinp or assume _cLoV Qrecautions and mommms in connections with the Work. 93.3.6. Accent Shop Draw peso or, Single submittals from anyone other than the CONTRACTOR 93 3.7. Authorize OWNER to occupy the Wak in whole or in part. 9.3.3.8. Participate in sp_eeialiad field of Iaboratocy tests or inspections conducted by others except as strecifically authorized by the ENGINEER. Clarifkations and Interpretations.' 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FJCDC OSNM& CONDITIONS 1910s (1990 Edltiai) Wes CI IY OF FORT COLLINS MODIFICATIONS (R6Y 42000) requirements of the Contract Documents (in the form of Drawing 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 Contact 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 I I 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 Contact 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 Docum ents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work imrohred 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 1 I or 12. Rgiecftng Defecth,e 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 ENGINIIs authority as to Change Orders see Articles 10.11, and 12. 9.9, In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit 73ices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEJ2's preliminary determinations on such matters before rendering a written decision thereon (by recanmendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be foal and binding upon OWNER and CONTRACTOR unless, wither ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal fron ENGINEER's decision and: (i) an appeal from INGINEER'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 (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise 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. Dedeons on Disputes.• 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 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred inkiall 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 claimara 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 additioml 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). MZINEER 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 ENGINLER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from 1NGINEER'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 (iu) if no such Mute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEL•R's written decision is delivered by OWNER der 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 accdadance with applicable Laws and Regulations within sixty days of the date of such EP=OENERAI. CONATIONS 1910.8 (1990 Edinim) 22 wl (ITY OF F00.T CC)LUM MODIFICATIONS ft-V 4/L000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR, 9.12. When functioning as interpreter and judge under par2graphs9.10 and 9.11, ENGINEER will not show aieshity to OWNER or CONTRACTOR and will not be liale m cmanectian 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 final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter ptrwen6 te-Miele lb. 9.13. Limitations on FJYGINEER's Authority and Responabdiiner: 9.111 Neither ENGINEER's authority or responsibility under this Article 9 or under 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 arty authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, arry Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.132. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautiorts and programs incident thereto, or for any failure of CONTRACTOR to comply with Dawn 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 Subeontractnr, any Supplier, or of any other person or organization performing or furnishing any of the Wort:. 9.13.4. ENGINEER's review of the fetal Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules. guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such addition, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension or the Contract Times with respect to any Wok performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided to paragraph 13.9. 10A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 10 4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Wort: under paragraph 13.14, or (n) agreed to by the parties: 10,42. changes in the Contract Price or Contract Times 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 rerakred by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such I CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910.8 UM Edam) w/ OTY OF FORT (X)LUM MODIFICATIONS OLEV 4naDO) (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be Fwen to a surety, the giving of any such notice will be ONTRACTORs 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 authormd adjustments) payable to CONTRACTOR for performing the Work All duties. resNnsibilitics and obligations assigned to or undertaken by CONTRA( OR shall be at CONTRACTOR's expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment Arry claim for an adjustment in the Contract Rice 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 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 additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit does 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 11-9.3. inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.1 on the basis of the Cost of the Wort; (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). Cosrofrhe Work• 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: II.A.I.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classxficatiorm agreed upon by OWNER and CONTRACTOR. Such cnplcyecs shall include without limitation supcnntcndents, 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 casts shall include-but-na 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 end-reEiretttara benefts,--benusesx otelc leave, yocalton andatediday pay applicable 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. 11.42. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' 6eld services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make palmtcras, 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 furnished by Subcontractors if required by OWNER, EXDC OEISIUM CONDtnofs 1910-9 (1990 Emtiat) 24 w/CITY OF FORT OOLUN5 MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same mariner as CONTRACTOR's Cost of the Work aril fee as provided in paragraphs l l .4, 11.5, 11.6 and 117. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testis laboratories, surveyors, attorneys and accountants employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The Proportion of necessary transportation trove and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cam, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are 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 axLstruction 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 rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work and for which CONTRACTOR is liable, unposed by Laws and Regulations. 11.4.5.5. Deposits lost for cause; other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related exprnses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and fumishiog of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9� provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such lasses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. IC however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereot CONTRACTOR shelf be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. IIA5.& Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additionril Bonds and insurance required because of changes in the Work. 1 I.S. The term 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, estimators, 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 paragra�ti 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 sits 1153. 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 Boras and for all insurance whether or not CONTRACTOR is required by the Contract Docuruetrts to purchase and maintain the same (except for the cos of premitmts covered by subparagraph 11.4.5.9 above). EiCDC UENE tAt. CONDITIONS lylos (IMEdltim) car CITY OF FORT COWNS MODIRCATtONS (REV 412000) 11.5.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any- of them or for whose ads 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 any kind and the costs of any item not specifically and expressly included in paragntph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11,621. for casts incurred under paragraphs 11.4.1 and 11.4.2, the CONTRA(7. OR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.1 where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed tee is agreed upon, the intent of paragraphs 11.4.1, 11.42, 11.4.3 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 114.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fa of€ire pera;enEo€thu atnouat paid -to Elie nex4laweriier£ubeoretraNer to be negotiated ,in good faith with the OWNER hg_1gt to exceed five percent of the amount amid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of casts itemimd under paragraphs 11.4.4, 114.5 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 bet e 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 the adjustment in CONTRACTOR's fee sball be computed on the basis of the net change in accordance with paragtapls 11.6.2.1 duraigh 1l 625, inclusive 11.7. Whenever the cost of any Work is to be 25 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- SUMMARY OF WORK 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 1 and 2, above. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge4heplacement Page 7 of 21 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 toENGINE-ER an itemized cost breakdown together with supporting data. Cai-h Alfowancev: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be funr»shed and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and I I.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 Word 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tines the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work we rat guaranteed and are solely for the purpose of comparison of Bits and determining an initial Contract Price. Deten nirnuons of the actual quantities and classifications of Unit Prinz Work performed by CONTRACTOR will be matte be• ENGINEER in accordance with paragraph 9.10. 11.9.2. Each urut price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.93, 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; EJCDC GENERAL CONDITIONS 191" (199D Edition) 26 w/ CITY OF FORT COLUNS MODIFICATIONS (REV 412000) aril 11.9.3.2. there is no corresponding adjustment with respect to any alter 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 e..,pense 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. 11.9.14. CONTRACTOR acknowletlues that the OWNER has the right to add or delete items in the Bid or c ritities at OWNER'S sole discretion without aflecting the Contract Price of Env remainirt item co tan$ as the deletion or dition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12-CHANGE OFCONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Charge 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 otter 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 claimam'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 pamgmph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract 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 Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Tunes (or hlestones) due to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 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 Article7. fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 1^_.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contact Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or aggent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, fires, floods epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofD#itd Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work• 13.2. OWNER ENGINEER INGINEER's Consultants. other representatives and pnersormel oC OWNER, indcpxndem teAing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasons 4iffles 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. Teats and inspections. 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 anxl pay far the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that casts incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC OENERAL CONDITIONS 19105 (1990 Edition) w/ CITY OF FORT COLUM MODIFICATIONS (REV V2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3as otherwise specifically provided in the Contract Documents. 135. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish FNGINF.ER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGiNEEWs acceptance of materials or equipment to be incorporated in the Work. or of materials, mix designs, 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 tamely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOWs expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or uussppeeccted or tested by others, CONTRACTOR, at E•NGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Wort: in question, furnishing all necessary labor, material and equipment If it is found that such Work is defective. CONTRACTOR shall pay all claims. costs. lasses and damages caused by, arising out of or resulting from such unQCIV ng, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. IE however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extad thereof CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 014 "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 stop 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 give rise to any duty on the part of 01v?lER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work 131 L If required by ENGINEER. CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, mstalled or completed, or, if the Work has born rejected by ENGINEER, remove it from the site and replace It with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting 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 Bne 5, r 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 di f etive Work or, if it has been rejected by OA1,7E R, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructiom, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the *fective 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 13.122.In special circumstances where a rerticular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 1112.3. Where defective Work (and damage to other EJCDCOENE&AL CONDITIONS 1910-9(1990EdiLkn) 28 cal CITY OF FORT OOLLINS MODIFICATIONS M- V 4i2000) 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 ene ye 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 (anal, prior to ENGINEER'S recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OWNF.R's evaluation of and determination to accept such defective Work (such casts to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's rccommendation of final payment. a Change Other will be issued incorporating the necessary revisions in the Contract Documents with reseed 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 bfaF Correa Defective Work: 13.14 if CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documenu, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedv any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend COINTRACIOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment storm 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 ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions m the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an emersion of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exacise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAY1 MNTS TO CONTRACTOR AND COMPLMON .Schedule of Values 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Applicatiom for Pmgrest Payment 14.2. At least twenty days before the date established for each progress payment (but not more o&--n than once a mash), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the dam 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 Weed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retairtage with respect to progress payments will be as stipulated in the Agreement. And funds that are withheld by the OWNER shall not be subsea to substitution by the CONTRACTOR with securities or any arrargemens irwolving an escrow or m9odianship�By eexecutiTg a application for nevment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et era. COMR4CTOR's Wamanty of Tide.. 14.3. CONTRACTOR warrants and guarantees that title to till Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liem. RMew ofAppl=donsforProgreaPayment- 14.4. ENGINEER will. within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC OENUM CONDITIONS 1910.8 (1990 Edtionn) wl C1TY OF FORTCOLLINS MODIFICATIONS (REV 4R000) 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 Payment to OWNER with INGINEER's 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 wnsiaute a representation by ENGINEER to OWNER, based on ENGINEP,R'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 dam and schedules, that to the best of ENGINEER'sknowledge, 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, W the results of any subsequent tests called for in the Cataract Documents, to a final determination of quantities and dassificatio s for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will riot thereby be deemed to have represented that: (i) exhaustive or continuous on site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's meats, 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 Wort:, or for any failure of CONTRACTOR OR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment th in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 145. 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 recommended. to such extent as may be necessary in ENGNEER's opinion to protect OWNER from lossbeeause: 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, 14.73. OWNER has been required to correct defective Wort: or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any 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 amount of CONTRACTOR's performance or fivnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a sd- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 152.1 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 adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWNER's satisfaction the reason 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 that ENGNEER 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. EINGNEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 FJCDCGE?ER COIUMOM 1910-9(1990 Editim) w/ CITY OF FORT ODUJNS MODIFICATIONS (REV 4l1000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion 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 corsideriiy,,, such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. IC after consideration of OWNE.R'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 any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with 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 in writing prior to ENGNEER's issuing the definitive certificate of Substantial Completion, ENGNEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Udliza6on: 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 (ti) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its 'untended purpose without significant interference 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: 14.10.1.01VNER 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 Walt is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such ppaarrtt of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. if ENGINEER considers that part of the Work to be substantially complete, the 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 cumpliance with the requirements of paragraph 5 15 in respect of property insurance. MitalinVecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars m which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application forPa ment• 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 5.4, certificates of inspection, marked -up record documents (as provided in paragraph6.19) 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, includuV but not limited to the evidence of insurance required by subpamgraph5.4.13, (ii) consent of the surety, if any to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lienns arising out of or filed in connection with the Work_ In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: () 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 eormected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied if any Subcontractor or Supplier fails EJCDC MQ RAL CONDITIONS 1910-8 U990 Edtim) w/ CITY OF FORT C OLUM MODIFICATIONS OLEV 4R000) 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 finalize payment are to be submitted on forms conformi to the format of the O WNER'S standard forms bound in The Project manual. 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 Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to 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 accompanying documentation, in appropriate foot 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 pucgraaph 17.6.2 of these General Conditiow. 14.14. It through no fault of CONTRACTOR, final completion of the Wok is Significantly delaved 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 accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the relainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of claims. 14.15. The making and acceptance of final payment will constitute: 14.IS.].a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Wok appearing after 31 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms 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 tenting and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May &upend Work. 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not mart than nutty days by notice in writing to CONTRACTOR and FNGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work an the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I and 12. OWNER May Terminate: 15.2. Upon the occurrence of arty one or more of the following events: 152.1. if CONTRACTOR persistently fails to perform the Wort: 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 paragmph 2-9 as adjusted from time to time pursuant to paragraph 6.6); 1522. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 1523. if CONTRACTOR disreprds the authority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (aid the su nty, 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 stared at the site or for which OWNER has paid EIC0CaD4R&C0MM170M 191" (Mo Ediuim) 32 w/ CITY OF FORT C0U tM MODIFICATIONS (REV 412000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER. may deem expedient- In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Rice exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINFER incorporated in a Change Order, provided that when exercising any rights or remedies under tivs paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. 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 riot release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to arty other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be }raid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance arith the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.42. for expenses 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 Work, plus fair and reasonable sums for overhead and profit on such cxpcns�, 15.4.3. for all claims, costs, losses arid damages inured in settlement of terminated contracts with Suhcommctors, 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 Terminate: 155. If. 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 M GINtER, 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, of ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGMEER stop the Work until payment of all such amounts due CONTRACTOR, including attercst thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Wort: as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION If and to the extent that OWNER aril 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 Exhibit GC -A 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—MISCELLANEOUS Giving Natice: 17.1. Whenever any provision of the Contract DOCumertts 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 at 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. EJCDC GE 48M CONDITIONS 1910s (1990Echlin) w! CITY OF FORT COLLINS MODIFICATIONS LREV 4200% 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 173. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other patty or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall ran be consmned as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumula6ve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, arc 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 Conran Documents in connection with each particular duty, obligation, right and remedy to which they apply Professional Fees and Chan CosLv Indaded• 176. 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 trout or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado atVjy t this Ataeernert Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is Muvul by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hie sustenance. Provisions, provender, or other supplies used or cortstrmed by CONTRACTOR or his 33 EICDC GENERA. CONDITIONS 191" (1990 EMM) 34 w/ CITY OF FORT ODW NS MODIFICATIONS (REV 4l1000) (This pagc Icft blank intcntionally.) EICDC OENFRAL CONDITIONS I9104 (1990 Eatim) 35 w+ CITY OF FORT COLUNS MODIFICATIONS (REV 42000) April 30, 2015 REVISION OF SECTIONS 101 AND 630 CONSTRUCTION ZONE TRAFFIC CONTROL Sections 101 and 630 of the Standard Specifications are hereby revised for this project as follows: In subsection 101.01 add the following: MASH Manual for Assessing Safety Hardware In subsection 630.01, delete the first paragraph and replace with the following: 630.01 This work consists of furnishing, installing, moving, maintaining, and removing temporary traffic signs, advance warning arrow panels, flashing beacon (portable), barricades, channelizing devices, delineators, temporary traffic signals, mobile pavement marking zones, masking and unmasking existing signs in construction zones, and concrete barriers as required by the Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto, in accordance with the Contract. Devices shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices temporarily not in use shall, as a minimum, be removed from the shoulder area. Moving will include devices removed from the project and later returned to use. In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP (only applicable for sign support assemblies developed prior to 2011) or MASH (acceptable for all sign support assemblies), and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02, In subsection 630.07(a), delete the first paragraph and replace with the following: (a) Stackable Vertical Panels. Stackable vertical panels shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for vertical panels developed prior to 2011) or MASH (acceptable for all vertical panels) and shall meet MUTCD requirements for vertical panels. Vertical panels shall be retroreflectorized with Type IV sheeting, in accordance with subsection 630.02. The Stackable vertical panels shall have the following properties: In subsection 630.07(b), delete the first paragraph and replace with the following: (b) Stackable Tubular Markers. Stackable tubular markers shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for Stackable tubular markers developed prior to 2011) or MASH (acceptable for all stackable tubular markers) and shall conform to MUTCD requirements for Tubular Markers. The stackable tubular markers shall have the following properties: In subsection 630.09, delete the second and third paragraphs, and replace with the following: Work zone devices designated by FHWA as Category I, II, or III, shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices designated as Category IV, including but not limited to portable or trailer -mounted devices such as flashing arrow panels, temporary traffic signals, area lighting supports, and changeable message signs are not required to meet NCHRP 350 or MASH requirements. Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices) certification for each work zone device before it is first used on the project. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 8 of 21 EXDC GENERAL CONDMOM 1910.9 (1990 Editim) 36 Wl CITY OF FORT OOLWNS MODWICAT10NS(REV 4l1000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR I01;S; MIof9*64)FM0faNKT$11a MIsiaIII OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions 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 CONTRAC:I'OR arising out of or relating to the Coramct Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable order the prevailing law of any court having jurisdictiom 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 mace later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of arty 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 thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time alter the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the dale 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. EaCDC GENERAL C014DITIOM 1910.5 (199oEditioa) ai CITY OF FORT C06W NS MODIFICATIONS (REV 909) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4. if a claim, dispute or other matter in question 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 Wok 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 ENGINEER's 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 lust 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 161 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to 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 Iimits 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 GC -Al EJCDC GENERAL CONDITIONS 1910.8 (1990 Editim) OC•Al w CITY OF FORT COLLINSMODIFICATIONS(REV 9N4) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-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-6.4.1 Purchasing Restrictions Delete the complete paragraph SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1. - Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph SC-14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; SC-17.6.1 Delete the complete paragraph SC — DB Davis Bacon Wage Rates Add the language on the following pages SC -FED Federal Transit Administration Terms & Conditions Add the language on the following pages DAVIS BACON WAGE RATES General Decision Number: CO150024 01/02/2015 CO24 Superseded General Decision Number: CO20140024 State: Colorado Construction Type: Highway Counties: Larimer, Mesa and Weld Counties in Colorado. HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01 /02/2015 * ENG10009-012 10/23/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (3)- Drill Rig Caisson (smaller than Watson 2500 and similar).......................................................................... $ 24.73 9.15 (4)-Oiler Weld County................................................................... $ 24.88 9.15 (5)-Drill Rig Caisson (Watson 2500 similar or larger) .......... $ 25.04 9.15 SUCO2011-009 09/15/2011 CARPENTER Rates Fringes Excludes Form Work............................................................ $ 20.72 5.34 Form Work Only Larimer, Mesa................................................................ $ 18.79 3.67 Weld............................................................................... $ 16.54 3.90 CEMENT MASON/CONCRETE FINISHER Larimer........................................................................... $ 16.05 3.00 Mesa.............................................................................. $ 17.53 3.00 Weld............................................................................... $ 17.48 3.00 ELECTRICIAN Excludes Traffic Signalization Weld............................................................................... $ 33.45 7.58 Traffic Signalization Weld............................................................................... $ 25.84 6.66 FENCE ERECTOR Weld.. ............................................................................. $ 17.46 3.47 GUARDRAIL INSTALLER Larimer, Weld................................................................. $ 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter Larimer........................................................................... $ 14.79 3.98 Mesa.............................................................................. $ 14.75 3.21 Weld............................................................................... $ 14.66 3.21 IRONWORKER, REINFORCING (Excludes Guardrail Installation) Larimer, Weld................................................................. $ 16.69 5.45 IRONWORKER, STRUCTURAL (Excludes Guardrail Installation) Larimer, Weld................................................................. $ 18.22 6.01 LABORER Asphalt Raker Larimer........................................................................... $ 18.66 4.66 Weld............................................................................... $ 16.72 4.25 Asphalt Shoveler.................................................................. $ 21.21 4.25 Asphalt Spreader................................................................. $ 18.58 4.65 Common or General............................................................ $ 16.29 4.25 Concrete Saw (Hand Held) .................................................. $ 16.29 6.14 Landscape and Irrigation..................................................... $ 12.26 3.16 Mason Tender-Cement/Concrete........................................ $ 16.29 4.25 Pipelayer Larimer........................................................................... $ 17.27 3.83 Mesa, Weld.................................................................... $ 16.23 3.36 Traffic Control(Flagger........................................................ $ 9.55 3.05 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags)(Excludes Flaggers) Larimer, Weld................................................................. $ 12.43 3.22 PAINTER (Spray Only) ........................................................ $ 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown Larimer........................................................................... $ 26.75 5.39 Mesa,Weld..................................................................... $ 23.93 7.72 Asphalt Paver....................................................................... $ 21.50 3.50 Asphalt Roller Larimer........................................................................... $ 23.57 3.50 Mesa.............................................................................. $ 24.25 3.50 Weld.............................................................................. $ 27.23 3.50 Asphalt Spreader Larimer........................................................................... $ 25.88 6.80 Mesa, Weld.................................................................... $ 23.66 7.36 Backhoe/Trackhoe Larimer........................................................................... $ 21.46 4.85 Mesa.............................................................................. $ 19.81 6.34 Weld............................................................................... $ 20.98 6.33 Bobcat/Skid Loader Larimer........................................................................... $ 17.13 4.46 Mesa, Weld.................................................................... $ 15.37 4.28 Boom.................................................................................... $ 22.67 8.72 Broom/Sweeper Larimer........................................................................... $ 23.55 6.20 Mesa.............................................................................. $ 23.38 6.58 Weld............................................................................... $ 23.23 6.89 Bulldozer Larimer, Weld................................................................. $ 22.05 6.23 Mesa.............................................................................. $ 22.67 8.72 Crane................................................................................... $ 26.75 6.16 Drill Larimer, Weld................................................................. $ 31.39 0.00 Mesa.............................................................................. $ 35.06 0.00 Forklift.................................................................................. $ 15.91 4.68 Grader/Blade Larimer........................................................................... $ 24.82 5.75 Mesa.............................................................................. $ 23.42 9.22 Weld............................................................................... $ 24.53 6.15 Guardrail/Post Driver........................................................... $ 16.07 4.41 Loader (Front End) Larimer........................................................................... $ 20.45 3.50 Mesa.............................................................................. $ 22.44 9.22 Weld............................................................................... $ 23.92 6.67 Mechanic Larimer........................................................................... $ 27.68 4.57 Mesa.............................................................................. $ 25.50 5.38 Weld............................................................................... $ 24.67 5.68 Oiler Larimer........................................................................... $ 24.16 8.35 Mesa.............................................................................. $ 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) Mesa, Weld.................................................................... $ 21.33 6.99 Roller/Compactor (Dirt and Grade Compaction Larimer........................................................................... $ 23.67 8.22 Rotomill Larimer........................................................................... $ 18.59 4.41 Weld............................................................................... $ 16.22 4.41 Scraper Larimer........................................................................... $ 21.33 3.50 Mesa.............................................................................. $ 24.06 4.13 Weld............................................................................... $ 30.14 1.40 Screed Larimer........................................................................... $ 27.20 5.52 Mesa.............................................................................. $ 27.24 5.04 Weld............................................................................... $ 27.95 3.50 Tractor.................................................................................. $ 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman Larimer........................................................................... $ 11.44 2.84 Mesa.............................................................................. $ 16.00 5.85 Weld............................................................................... $ 16.93 3.58 TRUCK DRIVER Distributor Larimer........................................................................... $ 19.28 4.89 Mesa.............................................................................. $ 19.17 4.84 Weld............................................................................... $ 20.61 5.27 Dump Truck Larimer........................................................................... $ 18.86 3.50 Mesa.............................................................................. $ 15.27 4.28 Weld.. ............................................................................. $ 15.27 5.27 Lowboy Truck Larimer........................................................................... $ 18.96 5.30 Mesa,Weld..................................................................... $ 18.84 5.17 Mechanic.............................................................................. $ 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck Larimer, Mesa................................................................ $ 16.65 5.46 Weld............................................................................... $ 16.87 5.56 Pickup and Pilot Car............................................................ $ 13.93 3.68 Semi/Trailer Truck................................................................ $ 18.39 4.13 Truck Mounted Attenuator................................................... $ 12.43 3.22 Water Truck Larimer........................................................................... $ 19.14 4.99 Mesa.............................................................................. $ 15.96 5.27 Weld............................................................................... $ 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- January 15, 2015 1 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows Delete subsection 105.05 and replace with the following: 105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, gradation, in -place density and joint density in accordance with the following: All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds the materials or work furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected at the expense of the Contractor. Materials will be sampled randomly and tested by the Department in accordance with Section 106 and with the applicable procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in Section 106. Additional samples may be selected and tested as set forth in Section 106 at the Engineer's discretion. A process will consist of either a single test value or a series of test values resulting from related tests of an element of the Contractor's work and materials. An element is a material or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. For any element, with the exception of the process forjoint density element, a process normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43). For joint density, anew process will be established for each new layer of pavement or for changes in joint construction. Density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations. Evaluation of materials for pay factors (PF) will be done using only the Department's acceptance test results. Each process will have a PF computed in accordance with the requirements of this Section. Test results determined to have sampling or testing errors will not be used. Except for in -place density measurements taken within a compaction test section, any test result for an element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the pay factor will be calculated in accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF will be used to determine the Incentive/Disincentive Payment (I/DP) for the process. In the case of in -place density or joint density the Contractor will be allowed to core the exact location (or immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance limit. The core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores not taken within eight hours after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be at the Contractor s expense. (a) Representing Small Quantities. When it is necessary to represent a process by only one or two test results, PF will be the average of PFs resulting from the following: If the test result is within the tolerance limits then PF = 1.00 Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 9 of 21 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than 'SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications, however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. 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/Lanquage 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. 2. 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/Language 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. 3. 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/Language 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 En gineering Acquisition of Rolling Stock Professional Services I State Grantees None Those imposed None None None None a. Contracts on state pass below SAT thru to ($100,000) None Contractor Yes, if non- None unless None unless None unless unless' non- competitive non- non- non- b. Contracts competitive award or if competitive competitive competitive above award funded thruz award award award $100,000/Capital 530715309/53 Projects 11 II Non State Grantees Those imposed Yes3 on non -state Yes Yes Yes Yes a. Contracts Grantee pass below SAT Yes3 thru to Yes Yes Yes Yes ($100,000) Contractor b. Contracts above $100,000/Capital Projects Sources of Authority: '49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) 4. 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. 5. 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/Language 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 sue., (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) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 6. 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/Language 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 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. 7. 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. 8. 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. 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 [10] 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 November 6, 2014 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.11 shall include the following: The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 10 of 21 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. j. 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. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 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. 10. 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 Clause/Language 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. 5323Q)(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 11. 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 parry 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. 12. 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 Contra ct/OperationaI Service Contract/Turnkey 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 13. 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 agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS (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/Lancluacle 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 sec. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS (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- ladin 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. 16. 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 January 30, 2014 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 11 of 21 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. 17. 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)(13)(m) 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. 18. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million, (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (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). 19. 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. April 30, 2015 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete (c) and (d) and replace with the following: (c) Delay. Any event, action or factor that extends the performance period of the Contract. 1. Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's fault or negligence. The Department may grant a contract time extension for an excusable delay. A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the Contractorto a time extension and monetary compensation. Monetary compensation for compensable delays will be made in accordance with Subsection 109.10. B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is responsible for that may entitle the Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). 2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for which the Department will not grant monetary compensation or a contract time extension. 3. Concurrent Delay. Independent delays to critical activities occurring at the same time. A. The Department will not grant a time extension or additional compensation for the period of time that a non -excusable delay is concurrent with an excusable delay. B. The Department may grant time but no compensation for the period of time that a non-compensable delay is concurrent with a compensable delay. Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations, or other causes that could have been foreseen or prevented will be considered nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some unusual market condition caused by industry -wide strike, national disaster, area -wide shortage, or other reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the allowable contract time limits will be considered excusable delays. (d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the Contractor's delay documentation and supporting analysis. Part 1: The Contractor shall provide the written notice of delay within seven days of the delay occurrence. The notice shall describe the delay and include documentation substantiating the nature and cause of the delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or compensation. Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all documentation needed to support the time extension request. In order to request additional contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or activities were on the critical path or became critical due to the delay. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 12 of 21 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 7.5 % 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, document adequate good faith efforts to do so, as provided for in 49 CFR 26,53, Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: 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. 20. 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. 21. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37, and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG). revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 22. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(a)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: MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE REPLACEMENT CONTRACTOR: LOBOS STRUCTURES LLC PROJECT NUMBER: 8165 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: DATE: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: DA DA DATE: cc: City Clerk Contractor Project File Architect Engineer Purchasing NUMBER 1 2 3 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 DATE Net Change by Change Order AMOUNT $0.00 The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: 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. D ate: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: $0.00 $0.00 $0.00 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 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 City of F„ort Collins PROJECT MANUAL BID SET August 2015 WEST MULBERRY STREET BRIDGE REPLACEMENT FEDERAL -AID PROJECT NO. BRO M455-113 SA 19747 STRUCTURE NO. FCMULB-CRST TABLE OF CONTENTS 1. Index of Special Provisions a. Project Special Provisions b. Standard Special Provisions 2. Construction BID SET Plans (Separate Document) Prepared for: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Prepared by: ® KDG Engineering LLC 3500 S Wadsworth Blvd. Suite 400 Lakewood, CO 80235 (720)420-9069 April 30, 2015 2 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME The Engineer will base a determination of an allowable contract time extension on (1) The current Schedule in effect at the time of the alleged delay; (2) The supporting documentation submitted by the Contractor; (3) The contemporaneous schedule analysis; and (4) Any other relevant information available to the Engineer. For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to the project completion date by: (1) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule that is current at the time of the change order; (2) tying the fragnet into the schedule logic; and (3) Recalculating the schedule. The Department will not consider delays to activities which do not affect the performance period of the Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension, the revised Contract Completion date will be in effect as though it were the original contract date. A Contractor's failure to have an approved, or approved with comments, current project schedule in place will preclude the Department from considering a Contractor's a time extension request. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 13 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011 controls construction of this project. The following Special Provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English and St units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Description Date Written Page Index Pages August 2015 i-ii Notice to Bidders August 2015 I Commencement and Completion of Work August 2015 2 Contract Goal (Combined) August 2015 3 OJT Contract Goal August 2015 4 Revision of Section 101 —Definition of Terms August 2015 5 Revision of Section 102 — Project Plans and Other Data August 2015 6 Revision of Section 105 — Claims for Contract Adjustment August 2015 7 Revision of Section 107 — Performance of Safety Critical Work August 2015 8-9 Revision of Section 107 — Insurance August 2015 10 Revision of Section 107 — Protection and Restoration of Property and Landscape August 2015 11 Revision of Section 109 — Measurement and Payment August 2015 12 Revision of Section 202 — Removal of Concrete Pavement August 2015 13 Revision of Section 202 — Removal of Bridge August 2015 14-17 Revision of Section 202 — Removal of Bridge (Pedestrian) August 2015 18 Revision of Section 202 — Removal of Portions of Present Structure August 2015 19-20 Revision of Section 203 — Excavation and Embankment August 2015 21 Revision of Section 206 — Bed Course (Special) August 2015 22 Revision of Section 208 — Erosion Control August 2015 23 Revision of Section 212 — Tree Retention and Protection August 2015 24-29 Revision of Section 216 — Soil Retention Blanket (Straw/Coconut) August 2015 30 Revision of Section 304 — Aggregate Base Course August 2015 31 Revision of Section 406 — Temporary Pavement August 2015 32-33 Revision of Section 420 — Geotextile Paving Fabric August 2015 34-35 Revision of Section 509 — Stainless Steel Angle (Special) August 2015 36-38 Revision of Section 514 — Pedestrian Railing (Special) August 2015 39-41 Revision of Section 522 — Duplex Coating System August 2015 42-47 Revision of Section 601 — Precast Concrete Vertical Column August 2015 48 Revision of Section 601 — Sandstone Veneer & Color Concrete August 2015 49-57 Revision of Section 601 — Structural Concrete Coating August 2015 58 Revision of Section 608 — Concrete Sidewalks (Special) August 2015 59 Revision of Section 608 — Concrete Driveway Entrance (Special) August 2015 60 Revision of Section 619 — Waterline August 2015 61 Revision of Section 630 — Construction Zone Traffic Control Devices August 2015 62 Revision of Section 630 — Portable Message Sign Panel August 2015 63-64 Revision of Section 630 — Impact Attenuator (Sand Filled) (Temporary) August 2015 65-66 Force Account Items August 2015 67 Utilities August 2015 68 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET CITY OF FORT COLLINS STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 -Disputes and Claims for Contract Adjustments (November 6, 2014)31 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 107 - Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Sections 107 and 208 - Water Quality Control, Under One (April 30, 2015) 4 Acre of Disturbance Revision of Section 108 - Project Schedule (July 31, 2014) 6 Revision of Section 108 -Notice to Proceed (July 31, 2014) 1 Revision of Section 108 - Liquidated Damages (June 4, 2015) 1 Revision of Section 108 - Subletting of Contract (January 31, 20I3) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 - Measurement of Water (January 06, 2012) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 206 - Imported Material for Structure Backfill (July 19, 2012) 2 Revision of Section 206 - Structure Backfill (Flow -Fill) (April 26, 2012) 2 Revision of Sections 206 and 601 - Backfilling Structures that Support (July 29, 2011) 1 Lateral Earth Pressures Revision of Section 208 - Erosion Log (January 31, 2013) 1 Revision of Section 212 - Seed (April 26, 2012) 1 Revision of Section 213 - Mulching (January 31, 2013) 4 Revision of Section 250 - Environmental, Health and Safety Management (January 15, 2015) 14 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401- Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 and 412 - Safety Edge (May 2, 2013) 2 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Section 601 - QC Testing Requirements for Structural Concrete (May 8, 2014) 1 Revision of Section 601 - Concrete Batching (February 3, 2011) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011) 1 Revision of Section 601 - Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601 -Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 627 and 708 - Pavement Marking Paint (January 31, 2013) 2 Revision of Section 630 - Retroreflective Sign Sheeting (May 8, 2014) 1 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 1 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements - Equal Employment Opportunity (February 3, 2011) 10 Disadvantaged Business Enterprise - Definitions and Requirements (December 26, 2013)9 Minimum Wages Colorado, US Department of Labor General Decision (January 9, 2015) 7 Number CO140024, MOD 1, Highway Construction for Larimer, Mesa, and Weld Counties On the Job Training (July 29, 2011) 3 Partnering Program (February 3, 2011) 1 Required Contract Provisions - Federal -Aid Construction Contracts (October 31, 2013) 4 PROJECT SPECIAL PROVISIONS No Text CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET NOTICE TO BIDDERS Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following listed representatives. An Wang, PE Fort Collins Engineering 281 North College Avenue Fort Collins, CO 80521 970-416-2292 jwang@fcgov.com Elliot Dale Buyer Purchasing Department 215 N. Mason Street Fort Collins, CO 80524 970-221-6777 edale@fcgov.com The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 20th day following the date of award unless such time for beginning the work is changed by the City in the "Notice to Proceed." The Contractor shall complete all work within 200 calendar days in accordance With the "Notice to Proceed". Section 108.03 of the Standard Specifications is hereby revised for this project as follows: The Contractor's progress schedule may be a bar chart type schedule. Salient features to be shown on the Contractor's Progress Schedule are: 1. Construction Traffic Control 2. Clearing and Grubbing 3. Removals 4. Erosion Control 5. Utility Relocations 6. Coordination with the New Mercer Canal Company 7. Structure Excavation and Backfill 8. Cast -in -place Concrete Box Culvert 9. Concrete Pavement 10. Curb, Gutter and Sidewalk 11. Urban Design— Stone Installation 12. Final Striping and Signing 13. Cleanup and punch list 14. Seeding (Work to be dune under Substantial Completion)(No time charge) It should be noted that all work in New Mercer Ditch must be completed prior to April 15, 2015. CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE& 7.5 Percent The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 X *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Total dollar amount of the original Contract * Based on DBE contract unit prices rather than prime contract unit prices. 8 All DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69% annual goal for the participation of all DBEs. 3 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET ON THE JOB TRAINING CONTRACT GOAL The Department has determined that on-the-job training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for on-the-job trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On -the -Job training hours required 0 hours CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.10 CDOT Resident Engineer 101.28 Department, 101.29 Engineer, and 101.76 State August 2015 BID SET shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or agent. 5 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: Contract Documents and supporting information will be available for review until the date set for opening of bids at the following locations: 1. Online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement The following supporting information will be available: • Geotechnical Engineering Report After the proposals have been opened, the low responsible bidder may obtain from Fort Collins Engineering, at no cost: 10 sets of plans and special provisions; and if available for the project, one set of full-size major structure plan sheets, and one set of computer output data. If the low bidder has not picked up the plans and other available data by 4:00 p.m. on the second Friday after bid opening, they will be sent to the Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City of Fort Collins at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on a cash sale basis from the City of Fort Collins at current reproduction prices. City Of Fort Collins Purchasing ADDENDUM NO. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing Description of BID 8165: Mulberry Bridge at New Mercer Ditch Bridge Replacement OPENING DATE: 3:00 PM (Our Clock) September 25, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Exhibit 2 — Attachments Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 1 of 5 January 15, 2015 2 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) If the test result is above the maximum specified limit, then PF = 1.00 — [0.25(To - Tb)/V] If the test result is below the minimum specified limit, then PF = 1.00 — [0.25(TL - To)Aj Where: PF = pay factor. V = V factor from Table 105-2. To = the individual test result. Tu = upper specification limit. TL = lower specification limit. The calculated PF will be used to determine the I/DP for the process. (b) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level (QL) in accordance with Colorado Procedure 71. (c) Gradation Element. Each specified sieve, with the exception of 100 percent passing sieves, will be evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for gradation element for the process. (d) Joint Density Element. Joint Density will be tested according to subsection 401.17. (e) Process Pay Factor. Using the calculated QL for the process, compute PF as follows: The final number of random samples (Pn) in each process will determine the final pay factor.. As test values are accumulated for each process, Pn will change accordingly. When the process has been completed, the number of random samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105- 3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula (1): (PF, + PF2) (PF2 + PF3) (PF1 + PF2) (Pn2 — Pnx) (1) PF = — — + [ -- - --- —] x 2 2 2 (Pn — Pn ) 2 3 Where, when referring to Table 105-3: PF1= PF determined at the next lowest Pn formula using process QL PF2= PF determined using the Pn formula shown for the process QL PF3= PF determined at the next highest Pn formula using process QL Pn2= the lowest Pn in the spread of values listed for the process Pn formula Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula Pnx= the actual number of test values in the process Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 14 of 21 CITY OF FORT COLLINS Aug st 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTIONS 105 CLAIMS FOR CONTRACT ADJUSTMENT Sections 105 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.22, shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution for any claims filed by the contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claims will be handled by Fort Collins or its duly authorized representative. The following terms shall be defined as follows: Project Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. Resident Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. Chief Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. 7 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET - 1 - REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Add subsection 107.061 immediately following subsection 107.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Removal of bridge Str. No. FCMULB-CRST (2) Removal of portions of present structure (drainage structure wingwalls and footing) (3) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (4) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also when construction materials are being lifted that may fall onto active traffic lanes. (5) Excavation and embankment adjacent to the roadway, especially if it requires shoring The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (8) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don't fit or line up C. Work that cannot be completed in time for the roadway to be reopened to traffic D. Replacement of workers who don't perform the work safely E. Equipment failure F. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -2- REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK August 2015 BID SET A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor's Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (1) Removal of Bridge and (2) Temporary Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.06. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 107 INSURANCE Section 107.15 is hereby revised to read: For this project all insurance certificates shall name Fort Collins, the Colorado Department of Transportation, and the New Mercer Ditch Company as an additionally insured party. 10 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised for this project to include the following: Add the following to section 107.12: See the Revision of Section 212, Tree Retention and Protection, for the protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction. 11 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 — Partial Payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount to be retained...", and replace with the following: The amount to be retained will be 5% of the value of the completed work. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the Work unless otherwise approved by the Engineer. CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 202 REMOVAL OF CONCRETE PAVEMENT Section 202 of the Standard Specifications is hereby revised for this project as follows: In Subsection 202.01 add the following: This work consists of the removal of concrete pavement underneath the asphalt on the east side of the existing bridge. The geotechnical boring indicates the pavement structure east of the existing bridge is approximately 1 inch of asphalt overlying 9 inches of concrete. In Subsection 202.02 delete the sixth paragraph and replace with the following: The areas of concrete pavement to be removed shall be isolated in both the longitudinal and transverse directions by the double saw cut method of sawing in accordance with FHWA's publication entitled "Guide for Full -Depth Repairs". Sawing shall be accomplished with the use of a diamond blade saw or approved equivalent. Sawing of the concrete pavement shall be done to a true line, with a vertical face, unless otherwise specified. Sawing shall be full depth and shall go through the existing tie -bars and dowel bars, leaving free vertical edges at the limits of the removal. After sawing has been completed, the deteriorated concrete shall be lifted vertically from its position unless otherwise approved by the Engineer. Pavement breakers or jackhammers shall be used in the removal process where lifting is not possible. All loose materials shall be removed from the repair area. Removed concrete slabs and excavated soils shall become the property of the Contractor and shall be disposed of in accordance with subsection 202.07. After concrete pavement is removed, the underlying material will be evaluated by the Engineer. Unsuitable material shall be removed in accordance with subsection 206.03 and replaced with aggregate base course of the class and depth specified in the Contract. The subsequent aggregate base course shall be placed with moisture and density control in accordance Section 304. Subsection 202.11 shall include the following: Removal of concrete pavement will be measured by the square yard, completed to the required depth, and accepted. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Concrete Pavement Square Yard Payment for Removal of Concrete Pavement will be full compensation for all work and materials required to complete the item, including sawing, removing, and disposal of the concrete pavement. Structure excavation for removal of unsuitable material will be measured and paid for in accordance with subsection 206.07. Aggregate base course (Class 6) will be measured and paid for in accordance with Section 304. 13 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 202 REMOVAL OF BRIDGE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work consists of removal of the existing bridge at West Mulberry Street over the New Mercer Ditch. Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans. Removal shall include all structures that presently convey the New Mercer Ditch beneath West Mulberry Street. Except in areas adjacent to the new bridge that are to be excavated per CDOT M&S Standard Plan M-206-1, all resulting holes and pits, including the void between the abutments up to the new subgrade level shall be backfilled with Structure Backfill (Class 1). Subsection 202.02 shall include the following: The removal of the existing bridge shall be performed in a safe manner. When removal operations are located over a railroad or in proximity to any live water way, additional coordination with the railroad or other agency, (United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, US Forest Service, etc.) shall be required. The Contractor shall submit a Bridge Removal Plan to the Engineer, for record purposes only, at least 20 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Bridge Removal Plan will not be approved by the Engineer. The Bridge Removal Plan shall provide complete details of the bridge removal process, including: (1) The removal sequence, including staging of removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations. (2) Equipment descriptions including size, number, type, capacity, and location of equipment during removal operations. (3) Shoring that exceeds 5 feet in height, all falsework and bracing. (4) Details, locations and types of protective coverings to be used. The protective covering shall prevent any materials, equipment or debris from falling onto the property below. When removal operations are located over or in proximity to any live waterway, railroad, or pedestrianibicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. (5) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands. (6) Detailed methods for mitigation of fugitive dust resulting from the demolition. 14 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- REVISION OF SECTION 202 REMOVAL OF BRIDGE (7) Details for dismantling, removing, loading, and hauling steel elements. (8) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. A Pre -Removal Conference shall be held at least seven days prior to the beginning of removal of the bridge. The Engineer, the Contractor, the removal subcontractor, the Contractor's Engineer, and the Traffic Control Supervisor (TCS) shall attend the Pre -Removal Conference. The Bridge Removal Plan shall be finalized at this Conference. The Contractor's Engineer shall sign and seal (1) and (3) listed above in the final Bridge Removal Plan. Calculations shall be adequate to demonstrate the stability of the structure remaining after the end of each stage of removal, before traffic is allowed to resume in its normal configuration. The final Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal for record purposes only. The Contractor shall not begin the removal process without the Engineer's written authorization. Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will in no way relieve the Contractor and the Contractor's Engineer of full responsibility for the removal plan and procedures. Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads, including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be contingent upon the drawings being satisfactory to the railroad company involved. Unless otherwise directed, the Contractor's Engineer need not be on site when bridge removal operations are in progress, but shall be present to conduct daily inspection for written approval of the work. The Contractor's Engineer shall inspect and provide written approval of each phase of the removal prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor's Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer. The Contractor's Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site of the work at all times, and a copy of the previous day's inspection report shall submitted to the Engineer daily. The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic. Removal of hazardous material shall be in accordance with Section 250. The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. 15 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -3- REVISION OF SECTION 202 REMOVAL OF BRIDGE Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan, the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor's Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. The Contractor shall submit his Engineer's report in writing, within 24 hours of the event, summarizing the details of the event and the procedure for correction. Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material. Bridge removal may be suspended by the Engineer for the following reasons: (1) Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the Engineer to begin the removal. (2) The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence. (3) The Contractor's Engineer is not on site to conduct inspection for the written approval of the work. (4) Safety precautions are deemed to be inadequate. (5) Existing neighboring facilities are damaged as a result of bridge removal. Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the terms of the Contract. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer. The Contractor shall notify all emergency response agencies of the proposed removal work and any detours 24 hours in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriff s Department, as appropriate. All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6. Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean. Explosives shall not be used for removal work without the written approval of the Engineer. Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs. Removal of the substructure shall be taken down to at least I foot below the natural existing or future ground surface at the lowest point of interface with the abutment, unless otherwise approved by the Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 1) to the adjacent existing grades. 16 January 15, 2015 3 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In -Place Density shall be 1.0 Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3. As test results become available, they will be used to calculate accumulated QL and PF numbers for each process. The process I/DP's will then be calculated and accumulated for each element and for the item. The test results and the accumulated calculations will be made available to the Contractor upon request. Numbers from the calculations will be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. (f) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the appropriate pay factor. If the PF is less than 0.75, the Engineer may: 1. Require complete removal and replacement with specification material at the Contractor's expense; or Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place the PF for the process will not be greater than 0.75. When condition red, as described in Section 106, exists for any element, resolution and correction will be in accordance with Section 106. Material, which the Engineer determines is defective, may be isolated and rejected without regard to sampling sequence or location within a process. If removal and replacement is required because the joint density PF for a process is below 0.75, the Contractor shall remove and replace the full lane width adjacent to and including at least 6 inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to another joint, that joint shall also be removed to a point 6 inches beyond the visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failing joint at 25 foot intervals until two successive cores are found to be 1 V or less below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question in writing. The process will be approved by the Engineer before commencing the corrective work. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 15 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -4- REVISION OF SECTION 202 REMOVAL OF BRIDGE All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor's expense, unless otherwise stated in the plans. Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations. Damage that does occur shall be repaired immediately at the Contractor's expense. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge Each Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Excavation and Structure Backfill (Class 1) will not be measured and paid for separately, but shall be included in the work. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work. If CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 202 REMOVAL OF BRIDGE (PEDESTRIAN) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work consists of removal of the existing pedestrian bridge north of West Mulberry Street over the New Mercer Ditch. Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans. The existing pedestrian bridge shall be salvaged and remain the property of the City of Fort Collins. Except in areas adjacent to the pedestrian bridge that are to be excavated per CDOT M&S Standard Plan M-206- 1, all resulting holes and pits, including the void between the abutments up to the new subgrade level shall be backfilled with Structure Backfill (Class 1). All work shall conform to Revision of Section 202, Removal of Bridge, except as noted herein Subsection 202.03 shall include the following: The pedestrian bridge superstructure, including bearing base plate assemblies, shall be removed without damage, transported by the Contractor to the City's recycling facility at 1380 Hoffman Mill Road, unloaded, and placed on an approved platform provided by the Contractor. The pedestrian bridge shall not be disassembled, but shall be removed as one entire structure. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge (Pedestrian) Lump Sum Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Excavation and Structure Backfill (Class 1) will not be measured and paid for separately, but shall be included in the work. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work. 18 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -I- REVISION OF SECTION 202 REMOVAL OF PORTIONS OF PRESENT STRUCTURE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work shall include sawcutting and the removal of all or portions of the following: existing drainage structure wingwalls, footings, concrete apron and dam, rail, and elements as noted on the plans. Removal operations shall be conducted so that there will be the least interference with the New Mercer Ditch Company's irrigation or public traffic using the structure. Subsection 202.02 shall include the following: At least 10 days before beginning bridge removal the Contractor shall submit to the Engineer details of the removal operations showing the methods and sequence of removal and equipment to be used. Material removed and not designated in the Contract to be salvaged or incorporated into the work shall become the property of the Contractor and shall be removed from the site and disposed of properly. The existing concrete shall be removed as shown on the plans or as directed by the Engineer. If additional removal of unsound concrete is required, it shall be included in the work. All methods and equipment used to accomplish this item shall be approved by the Engineer. Within 24 hours before new concrete is placed, the entire surface upon which new concrete bonds shall be sandblasted to roughen the surface and remove all fractured or loose particles in order to promote good bond with the new concrete. Any damage to the existing structure to remain in place shall be repaired as approved by the Engineer. 19 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET COLORADO PROJECT NO. September 17, 1999 -2- REVISION OF SECTION 202 REMOVAL OF PORTIONS OF PRESENT STRUCTURE In subsection 202.02 delete the sixth paragraph and replace with the following: Before beginning concrete removal operations on the existing structure, a saw cut approximately one inch deep shall be made to a true line along the limits of removal. A one inch deep saw cut shall also be made along the limits of removal on all faces of monolithic concrete elements which may be visible in the completed work. Subsection 202.12 shall include the following: The applicable pay item shall be designated by the Summary of Quantities on the plans. Payment shall be made at the contract unit price for the actual quantity removed. Payment will be made under: Pay Item Pay Unit Removal of Portions of Present Structure Lump Sum Fill CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: In subsection 203.03(a), first paragraph, after the second sentence add the following: All embankment material shall consist of material that is essentially a granular soil with a minimum resistance value of 30 when tested by the Hveem Stabilometer. 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 206 BED COURSE (SPECIAL) Section 206 of the Standard Specifications is hereby revised for this project as follows: In subsection 206.04, add the following: Bed course (special) for the concrete box culvert shall be 1 %" clean washed rock as approved by the Engineer. In subsection 206.06, add the following: Bed course (special) material will be the calculated volume of material lying within the prism shown on the plans Excavation to install the bed course will not be paid separately but shall be included in the work. Subsection 206.07 shall include the following: Payment will be made under: Pay Item Pay Unit Bed Course (Special) Cubic Yard Structure excavation for the bed course (special) will not be measured and paid for separately, but shall be included in the work. 22 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 208 EROSION CONTROL METHOD OF MEASUREMENT Subsection 208.11 delete paragraph 7 and replace with the following: Payment for Erosion Control Supervisor shall be lump sum including all items necessary to complete the work. BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Pay Unit Erosion Control Supervisor Lump Sum 23 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: (a) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. (b) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. (c) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. (d) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Protection -Zone fencing will be considered incidental to the "Tree Retention and Protection" line item and will not be paid for separately. 1. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high -density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. A. Height: 5 feet B. Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection. (a) Submittals. 1. Samples for Verification: For each type of the following: A.Protection-Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. 24 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION 2. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. A. Use sufficiently detailed photographs or videotape. B. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. (b) Quality Assurance. 1. Preinstallation Conference: Conduct conference at Project site. A.Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: (1) Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. (2) Enforcing requirements for protection zones. (3) Field quality control. (c) Project Conditions. 1. The following practices are prohibited within protection zones: A.Storage of construction materials, debris, or excavated material. B.Parking vehicles or equipment. C.Foot traffic. D.Erection of sheds or structures. E.Impoundment of water. F. Excavation or other digging unless otherwise indicated. G.Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. (d) Preparation. Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. 25 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -3- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Within the drip line of any protected existing tree, there shall be no cut or fill over a four -inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. Prior and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of (5) feet in height, secured with metal T-Posts, no closer than six (6) feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees. During construction there shall be no cleaning of equipment or materials or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. No damaging attachments, wires, signs or permits may be fastened to any protected tree. The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins Land use Code Section 3.2.1. Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester. Equipment access/drives she be positioned to minimize travel over the root system of any existing tree. Equipment drive locations over the root system of any significant tree shall be approved by the City Forester with requirements to protect the compaction of exposed soil. Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and the application of tree protection specifications. The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed by the owner's representative. (e) Tree and Plant Protection Zones. Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. 26 January 15, 2015 4 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 105-2 "W" AND "V" FACTORS FOR VARIOUS ELEMENTS Hot Mix Asphalt Element V Factor W Factor 2.36 mm (No. 8) mesh and larger sieves 2.80 N/A 600 pm (No. 30) mesh sieve 1.80 N/A 75 pm (No. 200) mesh sieve 0.80 N/A Gradation N/A 15 Asphalt Content 0.20 25 In -place Density 1.10 45 Joint Density 1.60 15 Table 105-3 FORMULAS FOR CALCULATING PF BASED ON PN Pn When Pn as shown at left is 3 to 9, or greater than 200, use designated formula below to calculate Pay Factor, PF = .... when Pn is 10 to 200, use formula (1) above: Maximum PF 3 0.31177 + 1.57878 (QL/100) - 0.84862 (QL/100)2 1.025 4 0.27890 + 1.51471 (QU100) - 0.73553 (QU100)2 1.030 5 MF 0.25529 + 1.48268 (QU100) - 0.67759 (QL/100)2 1.030 6 0.19468 + 1.56729 (QL/100) - 0.70239 (QU100)2 1.035 7 0.16709 + 1.58245 (QU100) - 0.68705 (QU100)2 1.035 8 0.16394 + 1.55070 (QL/100) - 0.65270 (QL/100)2 1.040 9 0.11412 + 1.63532 (QU100) - 0.68786 (QL/100)2 1.040 10 to l l 0.15344 + 1.50104 (QL/100) - 0.58896 (QL/100)2 1.045 12 to 14 0.07278 + 1.64285 (QU100) - 0.65033 (OL/100)2 1.045 15 to 18 0.07826 + 1.55649 (OL/100) - 0+56616 (QL/100)2 1.050 19 to 25 0.09907 + 1.43088 (QU100) - 0.45.550 (QL/100)2 0.07373 + 1.41851 (QU100) - 0.41777 (QL/100)2 1.050 1.055 26 to 37 38 to 69 _ 73 (QU100) - 0.29660 (QL/100)2 1.055 70 tc 200 0.21611 + 0.86111 (QL/100) 1.060 > 20f 0.92171 (QU100) 1.060 (g) Process 1/DP Computation. Addendum 2 - 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 16 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET 4- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 1. Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. (f) Excavation. General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. (g) Root Pruning. Prune roots that are affected by temporary and permanent construction. Pruning roots 2" in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Cover exposed roots with burlap and water regularly. 4. Backfill as soon as possible according to requirements in Section 200 Earth Work. 27 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -5- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. (h) Crown Pruning. Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: 1. Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards (i) Regrading. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. 0) Repair and Replacement. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect/Owner's Rep. 1. Submit details of proposed root cutting and tree and shrub repairs. 2. Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect/Owner's Rep. Protected trees that are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner's Rep determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. (k) Disposal of Surplus and Waste Materials. Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. 28 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -6- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item, including installation and maintenance of protection -zone fencing. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Tree Retention and Protection Pay Unit Lump Sum 29 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 216 SOIL RETENTION BLANKET (STRAW/COCONUT) Section 216 of the Standard Specifications is hereby revised for this project to include the following: Subsection 216.01 shall include the following: For this project, the term "biodegradable soil retention blanket" is herein used to define any of the products covered under Section 216 and does not include Turf Reinforcement Mat as defined under Revision of Section 420. Delete Subsection 216.02(a) 4 and replace it with the following: Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100 percent biodegradable natural organic fiber netting. The mesh size shall be approximately 1.0 to 0.50 inch. Netting shall be constructed using a Leno weave which allows strands of the net to move independently of each other. The blanket shall be sewn together on 1.50 inch centers with biodegradable thread. Material Requirements: Straw Content: 0.35 pounds per square yard Coconut Fiber Content: 0.15 pounds per square yard Netting: biodegradable organic jute fiber, top and bottom Thread: biodegradable Roll Width: 6.5 to 8.0 feet Roll Length: 108.0 to 112.5 feet Roll Weight: 50.0 to 68.0 pounds A sample of the Soil Retention Blanket (straw/coconut) shall be submitted to the Construction Inspector at least two weeks in advance of planned use on the Project for approval. 30 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least R=78 when tested by the Hveem Stabilometer method. Subsection 304.07 shall include the following: The quantity for aggregate base course will not be measured but will be the quantity designated in the Contract Documents unless field changes are ordered, the Contractor fails to furnish contract quantity or discrepancies are found in the plans. If field changes are ordered or plan quantity is not furnished, the quantity will be calculated using the revised dimension. The Engineer, prior to beginning the work, shall approve the additional or reduced volume of material in writing. No allowances shall be made for shrinkage, swell, or subsidence due to compaction of the existing ground or any other losses. The Contractor should be aware that the plan quantities were based upon application rate, in -place density, as shown in the General Notes of the plans. The Contractor's bid unit cost shall account for differing application rates or in -place densities for the materials he intends to furnish to the project as no quantity adjustments will be made for differing application rates or densities. The Engineer will verify placed quantities from delivery tickets furnished by the supplier. k1l CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -1- REVISION OF SECTION 406 TEMPORARY PAVEMENT Section 406 of the Standard Specifications is hereby revised for this project as follows: 1133.10)all IW0163 I Subsection 406.01 shall include the following: August 2015 BID SET The work consists of construction of temporary pavement for maintenance of vehicular and pedestrian traffic as required in the Contract Documents and as directed by the Engineer. The work includes all surface preparation, spreading and compacting asphalt millings and aggregate base course (Class 6) to the depth shown on the plans, repairing and maintaining the surface, and removal of the material. MATERIALS Subsection 406.02 shall include the following: The following materials are acceptable for use: 1. Asphalt millings. Asphalt millings are to be product of milling of existing asphalt concrete pavement. Asphalt millings are to be free of organic materials, gravel, crushed stone or any other material not direct product of milling process. 2. Aggregate Base Course (Class 6) shall conform to Section 304. Tack Coat. When ordered by the Engineer or specified in the Contract, a tack coast shall be applied. Tack coat shall be in conformance with Section 407. CONSTRUCTION REQUIREMENTS Subsection 406.03 shall include the following: Temporary pavement section is to be constructed in the over the roadway driving lanes, shoulders, driveway and other excavated areas where directed by Project Manager to maintain vehicular or pedestrian traffic. Temporary pavement section is to be constructed within 24 hours after having received written notice from the Engineer. Temporary pavement will be constructed of asphalt millings when hot mix asphalt material is not available due to weather restrictions and only as approved by the Engineer. Finished surface of temporary pavement section is to be reasonably smooth, well drained, and free of potholes, bumps, irregularities, and depressions. Proper equipment and personnel is to be available at all times in order to maintain temporary pavement section surface in safe and satisfactory condition. Special attention is to be given to maintenance of temporary pavement section during weekends, holidays, and winter season. When construction of the new pavement and driveway is to begin, the temporary pavement section is to be removed and materials properly disposed of. 32 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- REVISION OF SECTION 406 TEMPORARY PAVEMENT METHOD OF MEASUREMENT Subsection 406.12 shall include the following: Temporary pavement will be measured by the square yard of surface, complete in place and accepted. Aggregate Base Course (Class 6) will not be measured and paid for separately but shall be included in the work. Subsection 406.13 shall include the following: The accepted quantity of in -place temporary pavement will be paid for at the contract unit price per square yard for preparation of the subgrade, furnishing and placing the asphalt millings, tack coat, furnishing and placing the aggregate base course, maintenance, removal and disposal of temporary pavement section, and furnishing all labor, material, and equipment necessary to complete the work. Pay Item Pay Unit Temporary Pavement Square Yard Repair of temporary pavement damaged by the Contractor or by weather and removal of the temporary pavement will not be measured and paid for separately but shall be included in the work. 33 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fiber Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the City. This work includes placing two 10-foot strips of Geotextile Paving Fabric from flow line to flow line, each strip covering 5-feet each side of the ends of the bridge. The fabric shall be placed after the first layer of hot mix asphalt is constructed, or as directed by the Engineer. Subsection 420.02 is revised to include the following: Geotextile Paving Fabric shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: • Grab Strength, either direction, minimum (ASTM D-4632) 90 pounds • Elongation, either direction, minimum (ASTM D-4632) 50 percent • Burst Strength (ASTM D-3786) 185 pounds / square inch • Weight, minimum 3.6 ounces / square yard • Asphalt Retention, minimum (TF25 #8) 0.2 gallons ! square yard • Melting Point, minimum (ASTM D-276) 300 degrees Fahrenheit The tack coat to be applied to the roadway surface and / or to the Geotextile Paving Fabric shall meet the following requirements: • Asphalt Cement AC-20 • Emulsified and /or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric Subsection 420.03 is revised to include the following: Surface Preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with Section 403 of these specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gallons per square yard). Application must be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be three hundred degrees Fahrenheit (300 ° F). Subsection 420.04 is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. 34 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -2- REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC August 2015 BID SET If Geotextile Paving Fabric folds greater than one (1) Inch occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of twelve (12) Inches. All joints shall overlap adjacent fabric approximately six to twelve (6 to 12) Inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractor's responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt SC Type 1 or 2. Excess sand or hot mix shall be removed before paving. Sand and / or Hot Mix Asphalt SC Type 1 or 2 used for this purpose will not be measured and paid for separately under the terms of this contract. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the Square Yard of surface area covered, complete in place, including surface preparation and AC-20 tack coat. Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the Contract Unit Price per Square Yard complete in place, including surface preparation and AC-20 tack coat. Payment will be made under: Pay Item Pay Unit Geotextile Paving Fabric (Crack Reduction) (Class 3) Square Yard 35 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) Section 509 to the Standard Specifications is hereby revised for this project to include the following: Subsection 509.01 shall include the following: This work consists of the construction of stainless steel angle in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Add Subsection 509.131 immediately following subsection 509.13 as follows: 509.131 Stainless Steel Angle (Special). The stainless steel angle shall conform to the requirements of ASTM A276-13 Type 316. Manufacturer(s): I . M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 2. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info@davincisign.com 3. YESCO 3770 Joliet St Denver CO 80239 T:720-458-7124 e-mail: jharshaw@yesco.com 4. Or approved substitute. Subsection 509.15 shall include the following: For the Stainless Steel Angle the Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes 36 January 15, 2015 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) I/DP = (PF-1)(QR)(UP)(W/100) Where: I/DP = Incentive/Disincentive Payment PF = Pay Factor QR = Quantity in Tons of HMA Represented by the Process UP = Unit Bid Price of Asphalt Mix W = Element Factor from Table 105-2 When AC is paid for separately UP shall be: UP = [(TonHMA)(UPHMA) + (TonAC)(UPAC)J/TonHMA Where: TonHMA = Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: UP = UPHMA Where: UPHMA is as defined above. When AC is paid for separately UP shall be: UP = [(BTon HMA)(BUPHMA) + (BTonAC)(BUPAC)J7 /BTonHMA Where: BTonHMA = . Bid Tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAC = Bid Tons of Asphalt Cement BUPAC = Unit Bid Price of Asphalt Cement (h) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP's for that element. (i) 1/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the individual I/DP's for the asphalt content, in -place density, and gradation elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design. 0) Project 1/DP. The I/DP for the project shall be computed by accumulating the mix design I/DP's and the joint density I/DP's. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project. Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory or voluntary. (a) Process Control Testing. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 17 of 21 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -2- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) August 2015 BID SET The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall submit a sample of stainless steel angle. Add Subsection 509.311 immediately after subsection 509.31 under Field Construction Requirements: 509.311 Stainless Steel Angle (Special): Shall be delivered in sections ready for installation with minimal field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Deliver stainless steel anchor bolts, sleeves, and stainless steel anchorage devices which are embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Fabricate Stainless Steel Angle in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps. Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. Inspection: Verify existing conditions to receive Stainless Steel Angle are satisfactory prior to commencing work. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as required. Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install panels and bollards according to approved shop drawings. Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, D.I structural welding requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations as required. Stainless Steel Angle shall be installed in the locations and quantities shown on the Drawings and as detailed. Where applicable, the Owner's Representative shall approve the Stainless Steel Angle locations prior to fastening in place. -3- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) 37 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET METHOD OF MEASUREMENT Subsection 509.04 shall include the following: Stainless Steel Angle (Special) Measurement shall be by the linear foot (LF) installed complete. Work shall include all stainless steel, stainless steel anchors, stainless steel hardware, concrete, finishes, reinforcing steel, mounting and other incidentals to the erection of the stainless steel angle. Subsection 509.33 shall include the following: Pay Item Stainless Steel Angle (Special) Pay Unit LF CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 514 PEDESTRIAN RAILING (SPECIAL) Section 514 of the Standard Specifications is hereby revised for this project to include the following: Subsection 514.01 shall be revised as follows: This work consists of the construction of pedestrian rail (including cattail imagery, mesh, frame, plate, window imagery), pedestrian rail attachment, painting of pedestrian rail attachment and existing rail, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Subsection 514.02 shall include the following: Pedestrian Rail (Special) Sheet steel or fabricated tubular metal or fabricated metal pipe fencing shall conform to the requirements of ASTM A526 Steel Sheet Zinc -Coated (Galvanized by the Hot Dip Process) and ASTM B 117 Salt Spray Testing as specified. Manufacturer(s): 1. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info@davincisign.com 2. YESCO 3770 Joliet St Denver CO 80239 T: 720-458-7124 3. American Fabricators, Inc. 10290 East 106", Avenue Brighton, CO 80601 T: 303-296-6223 4. Or approved substitute. The Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall submit a sample of the pedestrian railing material and samples of galvanizing and paint color(s). 39 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -2- REVISION OF SECTION 514 PEDESTRIAN RAILING (SPECIAL) August 2015 BID SET The Contractor shall closely monitor the construction schedule and submit shop drawings as soon as possible. Factor that the Contractor should consider are: I. Preparation time for the shop drawings, material samples, and paint colors. 2. Review and approval time. 3. The fabrication time for the pedestrian rail (special) can be lengthy. 4. Requesting the fabricator start the shop drawings as soon as the bridge work has progressed to the point where the fabricator can access the site. Consider when the anchors will be set and notifying the fabricator when they should be ready to take field dimensions. Subsection 514.05 shall include the following: Pedestrian Railing (Special): Shall be delivered in pre -assembled sections ready for installation with no field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Deliver anchor bolts, sleeves and anchorage devices which are embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Pedestrian Railing shall be galvanized and then painted. See drawings. Color(s) shall be as indicated on the Drawings. Fabricate Pedestrian Railing in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps. Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. Inspection: Verify existing conditions to receive Pedestrian Railing are satisfactory prior to commencing work. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as required. Erect work square and level, free from distortion or defects detrimental to appearance or performance. 40 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -3- REVISION OF SECTION 514 PEDESTRIAN RAILING (SPECIAL) August 2015 BID SET Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. The tops of all posts shall be set to the required grade and alignment. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, D. l structural welding requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations as required. Pedestrian Railing shall be installed in the locations and quantities shown on the Drawings and as detailed. The Engineer shall approve the Pedestrian Railing location(s) prior to fastening in place. Subsection 514.07 shall include the following: Pedestrian Railing (Special). Measurement shall be by linear foot (LF) installed complete. Work shall include steel, hardware, galvanizing, painting, reinforcing steel, imagery cut outs, mesh, plate, frame, posts, mounting, embedding and all other incidentals to the erection of the pedestrian railing. Pedestrian Rail Attachment (Special). Measurement shall be by linear foot (LF) installed complete. Work shall include steel, hardware, painting, reinforcing steel, frame, posts, mounting, embedding and all other incidentals to the erection of the pedestrian rail attachment. Painting of Pedestrian Rail Attachment and Existing Rail (Special). Measurement shall be by lump sum (LS) installed complete. Work shall include preparation of existing railing surface to accept new paint, and painting existing railing and pedestrian rail attachment. Subsection 514.08 shall include the following: The accepted quantities of fencing will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule: Payment will be made under: Pay Item Pay Unit Pedestrian Railing LF Pedestrian Railing (Special) LF Pedestrian Rail Attachment (Special) LF Painting of Pedestrian Rail Attachment and Existing Rail (Special) LS 41 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -- SECTION 522 DUPLEX COATING SYSTEM August 2015 BID SET Section 522 of the standard specifications is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 522.01 This work consists of hot dip galvanizing and duplex coating steel structures as shown in the Contract. MATERIALS AND CONSTRUCTION REQUIREMENTS 522.02 (a) General. The Contractor shall provide, install, and repair if necessary, all steel items that are prepared and coated in conformance with this Section. All repair and replacement of the finished coating necessary for final acceptance shall be at the Contractor's expense. Steel products to be galvanized and coated shall be cleaned of weld spatter and bevel finished at exposed comers, edges and points. Areas having welds, cuts, bores, notches, or grooves shall also be beveled unless otherwise noted in the Contract or directed by the Engineer. Bevel work shall produce a uniform, smooth finish for galvanizing. Bevel size to be used is based on steel thickness and other criteria as follows: Steel Thickness/Type Bevel Size (inches) Less than '/"° thick 1/2"to 1/16" Over'/"thick 1/16"to 1/8- Bores, notches & v ooves root face of 1 /32" to 1 /16" Welds shall be cleaned and finished according to AWS standards. All coating measurements shall be taken with a Type 2 fixed probe Dry Film Thickness (DFT) gauge. The gauge shall be calibrated, and measurements shall be taken, according to the Society for Protective Coatings (SSPC) Standard PA-2. (b) Galvanizing. Galvanizing shall be done in accordance with the Contract requirements and AASHTO M I I I (ASTM A 123) for the type of material being galvanized, except that items shall only be quenched with ambient air. The poles and arms for traffic signals and signs shall be hot dipped galvanized inside and outside. Chromate treatment of any type will not be permitted. Zinc -phosphate pretreatment or acrylic passivation pretreatments shall be as described in (d) below. The Contractor shall submit a certificate of compliance (COC), conforming to subsection 106.12, confirming that all materials meet or exceed the galvanizing requirements described herein. All galvanized surfaces shall be free from drips, slag or surface irregularities.. Spot areas not requiring galvanizing shall be marked and cleanly patched with material that prevents galvanization but does not weaken the adjacent spelter coating. Repair of patched areas shall be achieved by metallizing as described in (c) below. 42 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- SECTION 522 DUPLEX COATING SYSTEM Prior to galvanizing, the Contractor's galvanizer shall notify the Engineer in writing that the galvanized order is chromate free and air quenched. Products not certified chromate free by the Contractor's galvanizer shall be tested prior to galvanizing. The Contractor shall provide the Engineer with certification from an independent ASTM accredited laboratory listing all individual items that test chromate free. Testing shall comply with ASTM D-2092 Appendix X2. Test results shall be provided to the Engineer prior to galvanizing. (c) Repair of Galvanized Products. Uncoated areas or damaged coating exceeding applicable specification limits shall be re -galvanized to meet the original specification requirements. Cuts made after galvanizing shall be ground, beveled, and smoothed before repair. Damaged galvanized areas shall be re -galvanized or metallized. Re -galvanizing shall conform to ASTM A-780, Annex A 1. Metallizing shall conform to ASTM A-780, Annex A3, except that minor repair areas shall be cleaned according to SSPC method SP-3. SSPC Method SP-2 may be used to clean difficult access areas. Thickness of the repair coat shall match adjacent galvanizing, as measured by a calibrated DFT gauge. Coating imperfections such as burring, runs or drips, high spots, heavy dross, or ash inclusion shall be removed and cleaned at the Contractor's expense. Areas of re -work falling below zinc thickness limits shall be repaired at the Contractor's expense. Printed Technical Data Sheets (PTDS) shall be provided to the Engineer for repair materials used. (d) Preparing Galvanized Surfaces for Coating. Products shall be inspected for shipping and handling damage before surface preparation begins. Damage shall be reported to the Contractor's galvanizer and to the Engineer prior to repair. The Engineer will determine whether damaged items are to be repaired or replaced. Minor repair of galvanizing shall conform to (c) above, and shall be at the Contractor's expense. The Contractor shall prepare each surface to be coated so that it has a slightly roughened profile without removing over 1.0 mil of the galvanized coating. Minimum ASTM zinc thickness specifications shall still apply after preparation. Surfaces of fasteners to be coated shall be lightly brushed or sanded in a manner that will remove the least amount of zinc. Surfaces that become soiled after pretreatment shall be cleaned prior to coating by low pressure, mild detergent wash and rinse. Stained or oiled surfaces may also be mildly scrubbed with a soft bristle nylon brush. Stubborn stains may be mildly scrubbed with a mix of I - 2 percent ammonia solution and thoroughly rinsed. Wash and rinse pressure shall not exceed 100 psi at 185' F temperature. Surface preparation work shall be done according to one of the following methods: Zinc -Phosphate Pretreatment. This treatment may be used only on new galvanizing less than 48 hours of age. Items shall be immersed in a bath of acidic zinc -phosphate solution for 3 - 6 minutes, rinsed with clean water, and dried. The first epoxy coat shall be applied within 48 hours after immersion treatment. 43 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -3- SECTION 522 DUPLEX COATING SYSTEM If treated items are shipped to a different coating facility they shall be rewashed, rinsed and dried to remove surface soiling. The first epoxy coat must still be applied within 48 hours after immersion treatment. 2. Acrylic Passivation Pretreatment. This treatment may be used only on fresh hot galvanizing or new galvanizing less than 48 hours of age. Only chrome -free solutions shall be used, applied by a method that ensures complete coverage of all surfaces to be coated. The Contractor shall provide the Engineer with treatment dates for each item and the PTDS for the solutions used. The Contractor's galvanizer may apply solution to fresh hot galvanizing that is less than 6 hours of age, still clean, and dry and that has cooled to treatment application temperature guidelines. If newly galvanized items are shipped to another treatment facility they shall be washed, rinsed and dried to remove surface soiling. The solution shall then be applied and cured according to the supplier's instructions. Fully cured and treated items shall be rewashed, rinsed, and dried again just before coating. Items not coated within 100 days of treatment shall be abrasive blasted in conformance with subsection (d) 3. 3. Abrasive Blasting. This treatment may be used on galvanized items of any age if beveling requirements as listed in the third and fourth paragraphs of subsection (a) have been met. The Contractor shall notify the Engineer in writing at least five working days before blasting begins. Zinc thickness shall be measured and recorded immediately after blasting and provided to the Engineer within 48 hours of blasting. Thickness limits and measurement frequency shall comply with the original applicable ASTM specification. Blast operations shall reasonably conform to ASTM Standard Practice D-6386, Subsection 5.4.1 except for small areas falling below required zinc thickness. These areas shall be repaired in accordance with subsection (c). No single area shall exceed 2 inches at its largest width or 12 inches at its longest dimension. The total repair area shall not exceed 1 percent of the coatable surface of the item; if limits are exceeded or zinc thickness is below the specification requirement, the item shall be re -galvanized in conformance with the original specification. The Contractor shall measure and record the size, location and repair method used for all repairs. This information shall be included on the report of thickness measurements. The first epoxy coat shall be applied within 24 hours of abrasive blasting. Items shall be cleaned free of blast debris before coating. Compressed air used to clean items shall be free of oil, residue, oil and other harmful contaminants. Thickness measurement is not required after surface preparation work has been completed. (e) Coating and Paint Systems. Prepared items shall be coated with a two or three coat system described in this subsection. Alternative coating systems shall be pre -approved in writing by the Engineer. Manufacturer's PTDS for each coating type shall state test values for ASTM requirements of this subsection. Prior to product use the coating supplier shall provide the PTDS and certify to the Engineer in writing that all furnished coating materials meet applicable requirements of this subsection. 44 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -4- SECTION 522 DUPLEX COATING SYSTEM Faying surfaces shall not be painted unless written approval is given by the Engineer. All shop fabrication, including welds and attachments, shall be completed prior to coating unless otherwise specified in the Contract or directed in writing by the Engineer. Inorganic zinc coatings shall not be used. Combined DFT of all coats applied over the galvanizing shall range from 6.5 to 10 mils with a topcoat DFT of 3 mils minimum. Dried color of the base coat and topcoat shall be visually contrasting. Finished color shall not vary more than 4 AE*ab units from the specified color determined in accordance with ASTM D 2244. Volatile Organic Compound (VOC) levels shall not exceed 3.5 pounds per gallon for each applied coat. Dry films shall contain less than 1 percent lead and other toxic heavy metals. The zinc concentration of each epoxy coat shall not exceed 40 percent. Top coats shall have a semi -gloss value of 50-75. All coatings shall be able to withstand temperatures up to 180' F without sag, blister, or peel damage. Topcoat formulation shall provide weathering, chemical, and ultraviolet (UV) resistance. All coatings shall meet the following ASTM requirements as amended: (1) Corrosion Weathering. ASTM D-5894, minimum 6-cycles of exposure: Corrosion rating of 8 or higher according to ASTM D-1654. Blistering rating of 8 or higher according to ASTM D-714. (2) Impact Resistance. ASTM D-2794, 30 day test: Epoxies — Minimum 40 inch -pounds All Topcoats — Minimum 90 inch -pounds (3) Adhesion Testing. ASTM D-4541, 30 day test, Minimum 500 psi for either: Method B - flat surface or Method E - curved surface. (4) Abrasion Resistance. ASTM D-4060, 30 day test: Maximum 90 mg loss after 1000 cycles with a CS10 or CS17 wheel. (5) Flexibility. ASTM D-522, 30 day test - Method B: Epoxies shall pass a 180 degree bend over a N inch mandrel. All Topcoats shall pass a 180 degree bend over a 3/8 inch mandrel. Each coat shall be applied uniformly to provide an appearance free of laps, streaks, sags, drips, pinholes, and other discontinuities; all such defects shall be repaired prior to product shipment. The Contractor's coater shall measure the DFT of each applied coat according to SSPC, Guide PA-2, except that measurements shall be taken with a calibrated Type 2 fixed probe gauge. Thickness records shall be provided to the Engineer prior to project shipment. The following two coating systems do not require pre - approval: Powder Coating. The Contractor's coater shall oven preheat the articles to abate out -gassing potential. The Contractor's coater shall use compatible materials and coating processes to obtain proper coat to coat adhesion. The epoxy powder base coat shall measure 2 to 6 mils DFT and be applied by electrostatic or airstatic spray. The powder formulation shall be a non -hybrid epoxy of anti -gassing grade. 45 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -5- SECTION 522 DUPLEX COATING SYSTEM The powder topcoat shall be electrostatic or airstatic spray applied and measure 3 to 6 mils DFT. The powder formulation shall be a non -acrylic, high -build, aliphatic -based, enhanced polyester or urethane polyester of anti -gassing grade. 2. Liquid Coating. The Contractor's coater shall apply coats by conventional or airless spray according to the supplier's guidelines. Minimal striping at difficult work areas is permissible. The Contractor's Coater shall use proper work methods and compatible materials to obtain proper coat adhesion. Thinning of paints shall be done according to the manufacturer's instructions so that thinned products conform to the solids content and VOC limits of this subsection. The epoxy base coat shall measure 2 to 6 mils DFT. Paint shall be a low -blush epoxy polyamide, or a low -blush cycloaliphatic bisphenol-A polyamine. Minimum solids by weight of all epoxies used shall be 68 percent. The topcoat shall measure 3 to 6 mils DFT. Paint shall be an aliphatic -based urethane polyester or aliphatic -based polyurea urethane. Specially formulated aliphatic -based polyaspartic polyureas may also be used over compatible epoxy bases. (f) Repair of Coated Products. The Contractor shall repair damage from shipment, installation, field welding, or other activity during the construction. Damage shall be reported to the Engineer prior to repair. Repairs shall be as directed by the Engineer. Significant repair procedures require written submittal of a proposed repair process from the Contractor. The Engineer shall approve the proposal in writing before repairs begin. Significant repairs are classified as: (1) Any damaged area to the base coat material over 1 square inch (2) Total repair areas exceeding 5 percent of the coating per item (3) Any single topcoat repair area over 64 square inches Minor and touchup repair of topcoats shall be done as follows: A UV rated, aliphatic -based liquid topcoat paint shall be used. The paint shall be compatible with the existing topcoat material and closely match existing color. The paint shall meet the requirements of subsection (e). The paint supplier shall provide the Engineer with PTDS for the products used. Single areas smaller than 8 square inches requiring repair shall be scuffed with 220 grit sandpaper or equivalent scuff material. Larger areas up to 64 square inches may be cleaned according to SSPC, Method SP-2. All border areas at the undamaged topcoat shall be scuffed with 220 grit material. Cleaned, scuffed areas shall be bordered and coated by airless or conventional spray. Work areas shall be adequately shielded to contain errant spray. Fresh repair areas shall be protected as necessary during the initial cure. Repair thickness shall reasonably match the adjacent coating. The repair coat shall provide an appearance free of sags, runs, streaks, drips, pinholes, or other discontinuities. Spray can paint repair shall not be used. 46 January 15, 2015 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in -place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. For elements other than in -place density, results from quality control tests need not be plotted, or routinely reported to the Engineer. This does not relieve the Contractor from the responsibility of performing such testing along with appropriate plant monitoring as necessary to assure that produced material conforms to the applicable specifications. Quality control test data shall be made available to the Engineer upon request. 2. Voluntary Process Control. The Contractor may conduct process control testing. Process control testing is not required, but is recommended on the elements and at the frequency listed in Table 106-1. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on the stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of the each sample which cannot be included as part of the Contractor's process control testing. Dispute of the acceptance test results in accordance with CP-17 will not be allowed unless a provision for check testing has been included in the Contract and it has been successfully completed. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 18 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -6- SECTION 522 DUPLEX COATING SYSTEM (g) Conditions for Final Acceptance of Coating. Within six weeks immediately prior to final project acceptance, the Engineer and a representative of CDOT's Staff Bridge Branch will conduct a final inspection of the coating. The Contractor's Superintendent shall also attend the inspection. Before final project acceptance, the Contractor shall repair the following defects found during the inspection: a. Peeling on any portion of the coatings. b. Blistering on any portion of the coatings. c. Color fading below a 35 gloss rating, in accordance with ASTM D523. d. Mottling defects that exceed 3 percent of the topcoat surface. e. Visible cracking of the topcoat material. f. Visible rusting discoloration on the coating. g. Sag or other evidence of coating adhesion loss. METHOD OF MEASUREMENT AND BASIS OF PAYMENT Duplex Coating System will not be measured and paid for separately, but shall be included in the work. 47 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 601 PRECAST CONCRETE VERTICAL COLUMN Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.01 shall include the following: This work includes furnishing and installing precast concrete columns of the designated types as shown on the plans. Each precast column will be composed of two pieces to be erected in the field as shown on the plans. This work also consists of the provision and installation of a coloring agent to the precast concrete vertical column in conformance with these specifications and in conformity with the lines and grades shown on the plans. The concrete shall be colored as noted in the Revision of Section 601, Sandstone Veneer & Color Concrete, and as noted in the Plans. Precast concrete elements shall be placed vertically as shown on the plans. Vertical tolerances and alignment shall be f0.5 inch in 10 feet and 0.5 inch maximum across joints. Subsection 601.09 shall include the following: Forms shall not be removed from precast concrete units until the concrete is strong enough to withstand damage when the forms are removed. Units shall not be transported until the concrete has reached a compressive strength of 2400 psi. Subsection 601.19 shall include the following: Precast column will be measured by the number of units, furnished and erected at the locations designated. The dimensions and requirements for each column is shown on the plans. Subsection 601.20 shall include the following: The accepted quantities of precast columns will be paid for at the contract unit price per each of the designated type - Payment will be made under: Pay Item Pay Unit Precast Concrete Vertical Column Each Connection hardware, fabrication, installation, materials, labor, and all work required to for the precast concrete vertical columns will not be measured and paid for separately, but shall be included in the work. Concrete color will not be measured and paid for separately but shall be included in the work. 48 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -1- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE Section 601 of the Standard Specifications is hereby revised to include the following: DESCRIPTION August 2015 BID SET This work consists of the Color Concrete for the Precast Color Concrete Vertical Columns, and furnishing and placing Type 1 Stone Veneer, Type 2 Stone Veneer, and Type 1 Stone Cap masonry including mortar, grout, ties, anchors, accessories, and removal of surplus material and waste in accordance with these specifications, and in conformity the plans. MATERIALS Veneer and Cap masonry shall meet the following requirements (a) Reference Standards: A. ASTM E514: Standard Test Method for Water Penetration and Leakage Through Masonry. Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. B. Stone masonry work shall be in accordance with the recommendations and standards of the American Standards Association. C. ASTM: American Society of Testing and Materials. D. ASTM C 144: Standard Specification for Aggregate for Masonry Mortar. E. ASTM C150: Standard Specification for Portland Cement. F. ASTM C270: Standard Specification for Mortar Mix. G. ASTM C476: Standard Specification for Mortar and Grout for Reinforced Masonry. H. ASTM E514: Standard Specification for Moisture Resistance in Masonry Assemblies. I. PCA, current edition. (b) Sandstone Rock Units: Type 1 Stone Veneer: Colorado Buff Sandstone, see drawings. A. Finish: Faced snap -cut on top, bottom, left, right edges. Stone with broken or fractured surfaces shall be rejected. B. Color(s): Colorado Buff Sandstone C. Depth Range: See drawings. D. Standard Height Range: Varies: 2" min., 5" max. E. Length Range: Maximum length is set by constructability of installing veneer in `flowing/arching' patter per drawings. 6" min. length F. Corners: See drawings. Type 2 Stone Veneer: `Old World' Brownstone color, see drawings. (note: term `Old World Brownstone' is term used/understood by Garret from `The Rock Garden' in Fort Collins (970.472.1115)) A. Finish: Faced snap -cut on top, bottom, left, right edges. Stone with broken or fractured surfaces shall be rejected. B. Color(s): `Old World' Brownstone C. Depth Range: See drawings. D. Standard Height Range: Varies: 1 3/4" min., 5" max. E. Length Range: Maximum length is set by constructability of installing veneer in `flowing/arching' patter per drawings. 6" min. length. 49 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE F. Corners: See drawings. Type I Stone Cap: Colorado Buff Sandstone, see drawings. A. Finish: Faced snap -cut on top, bottom, left, right edges. Stone with broken or fractured surfaces shall be rejected. B. Color(s): Colorado Buff Sandstone C. Depth Range: See drawings. D. Standard Height Range: Varies: 2" min., 3 5/8" max. E. Length Range: Varies, 12" min., 18" max. F. Corners: See drawings. (c) Approved Suppliers: A. The Rock Garden, CO B. Crystal Landscape Supplies, CO. C. High Plains Stone, CO D. TimberRock Landscape, CO E. Other suppliers meeting the requirements of this section are acceptable as approved by the Engineer prior to bidding. If supplier other than The Rock Garden is used for Type 2 Stone Veneer, contractor shall submit sample of `other supplier's stone' along with Type 2 Stone sample from The Rock Garden for the Engineer to review and approve prior to bidding. (d) Mortar and Grout Materials A. Portland Cement: ASTM C 150, Type 1, natural. B. Hydrated Lime: ASTM C207, Type S for new construction. C. Aggregate Sand: ASTM C144. D. Coarse Aggregate for Grout: ASTM C404, less than 3/8". E. Water: ASTM C270, clean and suitable for domestic consumption. F. Mortar Coloring: To match adjacent stone color— see drawings G. Admixtures: Pozzolan with approval; calcium chloride not permitted. H. Integral Water Repellent: Integral polymeric -based water repellent admixture, conforming to ASTM E514 and achieving an E (Excellent) rating, RainBlok for Mortar by ACM Chemistries, Inc., Norcross, GA, (877) 226-1766, or approved equal. Integral water repellent shall be used in all exterior stone masonry construction. (c) Mortar and Grout Mixes A. Mortar Mixes for Stone Masonry Veneer: ASTM C270, Type N mortar with hydrated lime for all new veneer masonry construction. Minimum compressive strength of 750 psi at 28 days, or as indicated on the Structural Drawings: 50 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -3- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE 1. 1 part Portland cement, Type 1. 2. 1/4 to 1/2 part hydrated lime. 3. 2-1/4 to 3-1/2 parts damp, loose sand. 4. Integral water repellent. 5. Mortar coloring. B. Masonry Grout Mix: Minimum compressive strength of 3,000 psi at 28 days: 1. 1 part Portland cement, Type 1. 2. 2-1/4 to 3 parts damp, loose sand. 3. 1 to 2 parts coarse aggregate. 4. Pozzolan as per manufacturer's recommendations. 5. Air entrainment shall be not more than 5% by volume. 6. Mortar coloring. August 2015 BID SET C. Mixtures may change as per manufacturer's recommendations to meet requirements. D. Non -Shrink Structural Grout: Refer to Section 05120. (d) Stone Masonry Accessories A. Stone Masonry Veneer Ties: per plans and details. B. Anchors: Furnish and set all anchors, ties, and dowels: stainless steel. (e) Sealer A. Clear Masonry Sealer: None. (f) Color Concrete for the Precast Color Concrete Vertical Column A. Finish: Acid Etch, see drawings. B. Color(s): Contractor shall provide one 12" x 12" color concrete mock up of each of the following Davis Colors (or approved equivalent) Taupe, Cocoa, Flagstone Brown, Adobe. Mock ups shall have finish as noted above, and shall be provided to Owner's Representative to review and approve prior to fabricating vertical columns. Owner's Rep. will select (1) color to be used for precast color concrete vertical columns. CONSTRUCTION REQUIREMENTS Submittals Supplier and Installer: Submit name of installer and quarry/supplier from which stone will be received for approval by the Owner. Contractor Qualifications: Installer shall have five (5) years successful experience installing stone on projects of similar scale and complexity. Shop Drawings: Submit shop drawings indicating dimensions of stone units, types of cuts, face texture and installation details. 51 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -4- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE Samples for Sandstone Rock: Submit sample board of specified blend of stone material for approval before delivery to the site — see drawings. Final approval shall be by the Owner. Product Data: Submit manufacturer's product data and specifications for each type of mortar specified, including certification that each type complies with the specifications. Samples: Submit samples of manufacturer's full range of mortar colors for selection by the Engineer. Mortar Analysis: Submit three (3) copies of the existing mortar analysis. Inspection and testing shall be performed by an independent testing laboratory, approved by the Engineer, conforming to ASTM E149, E514 and C270. Testing fees shall be paid as specified in the General and Supplementary Conditions. Test samples shall be taken at random to provide sampling over the course of work. Materials not conforming to these specifications shall be removed from the job and replaced. Sample Panel: Erect minimum Y-0" x Y-0" sample panel consisting of each type of stone masonry specified that satisfactorily shows proposed color range, batter of vertical face of stones, texture, bond, joints, mortar and workmanship, including special coursing. A. Sample panel shall show an external corner condition Contractor shall not continue work until Engineer has accepted sample panel. B. Sample panel shall remain on site until work of this Section is complete and will be used as standard of comparison for balance of work. C. Sample panel may be constructed as a part of the permanent building construction if approved by the Owner. Samples for Color Concrete for the Precast Color Concrete Vertical Columns: Per notes on Sheet UD-3. Delivery, Storage and Handling Deliver stone material to the site on platforms or pallets. Keep stone completely covered and free from frost, ice and snow. Handle stone carefully to avoid chipping, breakage, contact with soil or contaminating materials. Store mortar materials in dry place. Damaged materials shall not be used. Environmental Conditions Maintain materials and surrounding air temperature to minimum 50' F prior to, during and 48 hours after completion of stone work. During freezing or near -freezing weather, provide adequate equipment or cover to maintain a minimum temperature of 50' F and to protect stone work completed or in progress. Maintain temperature of mortar and grout between 70' F and 100' F. Contractor shall use only one (1) type mortar to ensure uniform color. Masonry cement is not permitted. 52 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -5- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE Protect partially completed stone masonry against weather when work is not in progress by covering top of walls with strong, waterproof, non -staining membrane. Extend membrane at least T down both sides of walls and anchor securely in place. Cold Weather Installation: A. Do not use frozen materials or materials mixed or coated with ice or frost. B. Do not use anti -freeze compounds, calcium chloride or substances containing calcium chloride in mortar or grout. C. Do not build on frozen work. Remove and replace work damaged by frost or freezing. D. Do not heat water above 106' F. E. When mortar or grout materials have been combined, temperature of the mixture shall not be less than 70' F or more than 100' F. F. Materials shall be preconditioned and protected as follows: 1. When air temperature is below 40' F and above 320 F, heat mixing water. Protect masonry from rain or snow for 24 hours by means of waterproof covers. 2. When air temperature is below 32' F and above 20' F, heat both sand and mixing water. Maintain a temperature of at least 40' F on both sides of walls by means of suitable covers or enclosures for 24 hours. 3. When air temperature is 200 F and below, heat sand, mixing water and block and provide heated enclosures. A temperature of at least 40' F shall be maintained within enclosures for 48 hours. 4_ Periods required for protection and maintenance of specified temperatures maybe reduced to 1/2 of those specified herein before if Type III Portland cement is used with the Engineer's approval. G. Hot Weather Installation: 1. During very hot weather and drying wind, the Engineer may order very light fog spray of mortar bedding areas several times during the first 24 hours to prevent premature drying of mortar. Masonry Installation (a) General: A. Stone Masonry Installer shall check lines and levels and verify existing conditions prior to commencing work of this Section. Notify the Contractor in writing of conditions or discrepancies which may affect the successful installation of the stone masonry work. Do not begin work until conditions are corrected in a manner acceptable to the Installer. 53 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -6- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE B. Ensure items built-in by other trades for this work are properly located and sized. C. Establish lines, levels and cowling. Protect from disturbance. Place stone masonry in accordance with lines and levels indicated on the Drawings. D. Ensure that wall ties are been properly located and installed. E. Clean and dry stone units prior to installation. Installation of Veneer Ties. Install stainless steel corrugated dovetail anchor masonry veneer ties in dovetail stainless steel wall anchor slots in concrete columns and walls at regular intervals not to exceed 12" o.c. both ways over the face of the concrete. Ties/anchors shall be 12 gauge. Per drawings, and left/right ends of wall, install veneer ties in between each course of stone. G. Installation of Masonry Anchors. Install stainless steel cast -in dovetail masonry anchors and slots in accordance with manufacturer's written instructions and recommendations. Slots shall be 16 gauge. H. Properly install and embed anchors into mortar for random or coursed ashlar installations not to exceed 12" o.c. Provide product data sheet for ties, anchors, and slots, depicting proposed gauge of masonry anchors and proposed gauge of slots for The Engineer to review and approve prior to ordering. (d) Mortar Batch Control A. Measure and batch materials either by volume or weight such that the required proportions for mortar can be accurately controlled and maintained. B. Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer. Hand mixing in a wheelbarrow or other uncontrolled method is not acceptable. C. Do not use mortar which has begun to set or if more than 2-1/2 hours has elapsed since initial mixing. Retemper mortar during 2-1/2 hour period as required to restore workability. 1. Ensure addition of integral water repellent for exterior masonry construction, proportioned as recommended by the manufacturer. D. Colored Mortar: If colored mortar is specified, mortar color shall be pre -blended, not field mixed. E. Use mortar within two (2) hours of mixing at temperatures over 80 degrees F, and 2-1/2 hours at temperatures under 50 degrees F. (e) Joints A. General: Lay coursed modular units with 3/8" joints, unless otherwise indicated, except for minor variations required to maintain bond alignment. See drawings. B. Rake out mortar in preparation for application of caulking or sealants where shown. E. Remove excess mortar and smears upon completion of work. F. Point out or replace defective mortar to match adjacent work. G. Clean soiled surfaces using a non -acidic solution which will not harm adjacent surfaces. Consult masonry manufacturer for acceptable cleaners. 54 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -7- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE (d) Installation of Stone Masonry A. Lay, level and align corner units first. Lay stone masonry in pattern as indicated on plans. B. If masonry pattern requires, ensure that courses are of uniform height. Make vertical and horizontal joints equal and of uniform thickness to match existing. C. Tolerances: See drawings. D. Joint Width: See drawings. E. Do not shift or tap stone units after mortar has taken initial set. Where adjustment must be made, remove mortar and replace. (e) Mortar Bedding and Joints A. Head joints shall be well buttered for thickness equal to 1 /2 face dimension of unit or panel and shall be shoved tightly so that mortar bonds well to both units. B. Joint Width: As specified above. (f) Tooling A. Exposed Joints: Tool joints as scheduled — see drawings. Rake out mortar in preparation for application of caulking or sealants as required. B. Exterior Face of Exterior Walls: See drawings. C. Concealed Joints: Cut joints flush, unless otherwise shown. D. Exposed Bench Seat Slab Joints: Tool joints, except exposed horizontal joints shall be cut flush. E. Joints which are not tight at the time of tooling shall be raked out, pointed and then tooled. (g) Cutting and Fitting A. Cut and fill for fasteners, mounting plates, pipes, conduit sleeves and other items as required. Cooperate fully with other Sections to ensure correct size, shape and location. B. Obtain Engineer's approval prior to cutting or fitting any area which is not indicated on the Drawings or which may impair appearance or strength of masonry work. (h) Cleaning and Protection A. General: New stone masonry shall be thoroughly cleaned upon completion of the work. B. Remove and replace broken or fractured stone units. Remove excess mortar and smears upon completion of work. Point or replace defective mortar to match adjacent work. 55 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -$- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE C. Clean soiled surfaces exposed to view using a non -acidic solution which will not harm stone or adjacent materials. Consult manufacturer for acceptable cleaners. Use non-metallic tools in cleaning operations. Leave surfaces prepared for further sealers or coatings, if specified. (i) Field Quality Control A. General: Installation of stone masonry units, mortar and grout, and workmanship of joints shall be in accordance with the standards approved in the sample panel. B. Stone masonry units shall be sound and free of cracks or other defects that may interfere with the proper placing of the unit or impair the strength or performance of the construction. C. Face or faces that are exposed shall be free of chips, cracks or other imperfections to the satisfaction of the Engineer and Owner, except that chips not larger than 1 /4" will be considered acceptable on a very limited basis. D. Contractor shall promptly remove rejected stone units or portions of the work and replace to match the quality of the approved sample panel. METHOD OF MEASUREMENT Color Concrete for the Precast Color Concrete Vertical Column will be considered incidental to the cost of the Precast Color Concrete Vertical Column. Type I Stone Veneer will be measured by the face square foot of veneer constructed and accepted. Wall anchors, ties, slots, mortar, grout will be considered incidental and included in the cost of the stone masonry veneer. Type 2 Stone Veneer will be measured by the face square foot of veneer constructed and accepted. Wall anchors, ties, slots, mortar, grout will be considered incidental and included in the cost of the stone masonry veneer. Type 1 Stone Cap will be measured by the linear foot of cap constructed and accepted. Rebar dowels, epoxy, grout will be considered incidental and included in the cost of the sandstone cap. Wall anchors, wall ties, wall slots, grout, rebar dowels, and mortar will not be measured and paid for separately but shall be included in the work. 56 January 15, 2015 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING Element Process Control Acceptance sphalt Content 1/500 tons 1/1000 tons Theoretical Maximum Specific 1.1000 tons, minimum 1/1000 tons, minimum 1/day Gravity 1/day Gradation 1/Day 1/2000 tons In -Place Density 1/500 tons 1/500 tons Joint Density 1 core/2500 linear feet of 1 core /5000 linear feet of joint`' joint Aggregate 1/2000 tons or 1/Day if Percent less than 2000 tons 1/2000 tons Moisture (3) Percent Lime (3) (4) 1/Day Not applicable Notes: (1) The minimum number of in -place density tests for acceptance will be 5. (2) Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. (3) Not to be used for incentive/disincentive pay. Test according to CP 60B and report results from Form 106 or Form 565 on Form 6. (4) Verified per Contractor's QC Plan. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 19 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -9- REVISION OF SECTION 601 SANDSTONE VENEER & COLOR CONCRETE BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Payment will be made under: Pay Item Type I Stone Veneer Type 2 Stone Veneer Type I Stone Cap Pay Unit Face Square Foot Face Square Foot Linear Foot 57 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 601 STRUCTURAL CONCRETE COATING Sections 601 and 708 of the Standard Specifications are hereby revised for this project as follows: Subsection 601.01 shall include the following: This work shall also include preparing and coating the exposed surfaces of the Precast Concrete Vertical Columns, and the existing drainage structure at the north side of the project, including the tops and both the inside and outside vertical faces of all walls (north and south walls). The color of the structural concrete coating shall be as noted on the plans, and shall be approved from test panels provided by the Contractor. 58 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT August 2015 BID SET REVISION OF SECTION 608 CONCRETE SIDEWALK (SPECIAL) Section 608 of the Standard Specifications is hereby revised for this project as follows: Second paragraph in Subsection 608.02 is hereby deleted and replaced with the following: Concrete for sidewalks shall be Class D, and meet the requirements of Section 601. 59 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 608 CONCRETE DRIVEWAY ENTRANCE (SPECIAL) Section 608 of the Standard Specifications is hereby revised for this project to include the following: Subsection 608.01 shall include the following: This work also consists the construction of a Concrete Driveway Entrance (Special) in accordance with the Larimer County Urban Area Street Standards for a Standard Driveway Approach Type I1. Subsection 608.02 shall include the following: Materials for the Concrete Driveway Entrance (Special) shall conform to Subsection 608.02. Subsection 608.03 shall include the following: Construction for the Concrete Driveway Entrance (Special) shall conform to Subsection 608.03 or as directed by the Engineer. The driveway wings and the portion between the two wings which are beyond the edge of the sidewalk are not included in the work. Subsection 608.06 shall include the following: Concrete Driveway Entrance (Special) will be measured by the square yard. Subsection 608.06 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete Driveway Entrance (Special) Square Yard All work necessary and incidental to the construction of the Concrete Driveway Entrance (Special) will not be measured.and paid for separately but shall be included in the work. 60 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 619 WATER LINE Section 619 of the Standard Specifications is hereby revised for this project as follows: Section 619.01 shall include the following: All new water lines will conform to the current City of Fort Collins Utility Standards. The contractor will consult with the Engineer and the utility department prior to construction to ensure compliance with those standards. Noncompliance with the standards may result in alterations to the constructed line at the contractor's expense. Section 619.02 shall include the following: Materials and installation of steel pipe when used as a casing shall conform to the current City of Fort Collins Utility Standards and Detail 7 within the standard details in City of Fort Collins Utility Standards. Section 619.03 shall include the following: Locate wire shall be installed with the pipe in accordance with direction from the utility department. Twelve (12) gauge copper clad steel wire shall be used for the locate wire. The contractor will test connectivity of the wire after installation, and replace/reinstall at contractor's expense until proper installation with connectivity is established. Magnesium grounding rods shall be used at the ends of the locator wires. The rods shall meet the following criteria: 14 Magnesium Drive in Anode 1.3IS", 12" long with HOPE cap. Section 619.05 shall include the following: Structure backfill using flow fill may be required. This will not be measured and paid for separately, and will be included in the cost of the pipe. 61 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL DEVICES (SPECIAL) Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.11 is hereby revised as follows: The Traffic Control Supervisor JCS) shall inspect the traffic control devices at least three times per day and respond to the job site within 30 minutes at all times. Subsection 630.14 is hereby deleted and replaced with the following: Construction Traffic Control will not be measured separately but will be paid for on a lump sum basis. This lump sum basis shall include all traffic control devices that are shown on the plans or any other devices that may be requested by the engineer to ensure the safety of the project. Flagging will not be measured and paid for separately but shall be included in the cost of the work. It is anticipated that traffic control management services (TCM) will be required during the normal working hours. Traffic control inspections (TCI) will be required on the weekends and holidays. Flagging may be required for special events as determined by the Engineer. Flagging for special events as determined by the Engineer will be measured as "Flagging" by the actual number of hours each flagger is used for the special event on the project as approved by the Engineer. This is in addition to the flagging that is required for the contractor's every day operations which is included in the Construction Zone Traffic Control Devices item. Subsection 630.15 hereby revised as follows: Delete paragraph 1, 2, 3 including the Pay Item Table and replace with the following: Payment shall be made at the contract lump sum price for Construction Traffic Control and will be full compensation for all work necessary to complete the work. Subsection 630.16 shall include the followings: Payment will be made under: Pay Item Pay Unit Construction Zone Traffic Control Devices (Special) Lump Sum Traffic Control Inspection (Weekends) Day Traffic Control Management (Working Days) Day Flagging (Special) Hour 62 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -1- REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL (SPECIAL) Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel for the Contactor's period of performance. In addition, special events may require the additional use of the portable message sign. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self- contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following: The portable message sign panel shall be on the project site at least 5 days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. 63 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -2- REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL (SPECIAL) Subsection 630.15 shall include the following: Portable message sign panels for the Contractors operations during the period of performance will not be measured or paid for separately but shall be included in the work for Item 630, Construction Zone Traffic Control Devices. Portable message sign panels may be required for special events as determined by the Engineer. Portable message sign panels for special events as determined by the Engineer will be measured as Portable Message Sign Panel (Special) by the actual number of days each portable message sign is used for the special even on the project as approved by the Engineer. Subsection 630.16 shall include the following: Pay Item Pay Unit Portable Message Sign Panel (Special) Day 64 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET -I- REVISION OF SECTION 630 IMPACT ATTENUATOR (SAND FILLED) (TEMPORARY) Section 630 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of furnishing, installing, certifying, moving, repairing, maintaining, and removing temporary impact attenuators in accordance with these specifications and in conformity with the lines and details shown on the plans or established. MATERIALS Each impact attenuator shall be selected from the Crash Cushion and End Treatment Application Chart as listed in the .Safety Selection Guide on the CDOT Design and Construction Project Support web site. Impact attenuators shall conform to the requirements of the manufacturer and be capable of bi-directional shielding of the objects detailed and located on the plans. Filler materials shall be treated according to the manufacturer's recommendations to prevent freezing to a temperature of -50 OF. If the posted speed limits of the construction zone are 45 miles per hour or less, the impact attenuator shall meet the requirements of NCHRP Report 350 TL-2. For posted speed limits in the construction zone greater than 45 miles per hour, the attenuator shall meet the requirements of TL-3. CONSTRUCTION REQUIREMENTS If sand barrel arrays are used, the Contractor shall paint, with white epoxy paint, an outline and the weight of each barrel on the pavement prior to final placement. All numbers shall be a minimum of 6 inches high. Barrel type shall be one of those listed in the Safety Selection Guide. The site shall be prepared to receive the impact attenuator by filling, excavating, smoothing, constructing the paved foundation pad, installing approved transition and anchoring, and all other work necessary for the proper installation of the attenuator. The impact attenuator shall be fabricated and installed in accordance with the manufacturer's recommendations. The Contractor shall provide a copy of the manufacturer's installation instructions and parts list to the Engineer prior to installation of the device. Each installation shall be supervised and certified as correct upon completion by a representative of the device manufacturer or by an employee of the Contractor who is a certified installer. The certified installer shall have completed device training and shall be registered with the manufacturer as a certified installer. The Contractor shall submit all appropriate documentation to validate that the certified installer has completed device training and has been registered with the manufacturer as a certified installer. METHOD OF MEASUREMENT Impact Attenuator (Sand Filled) (Temporary) will be measured by the number of attenuators shown on the plans, installed, certified, and accepted. 65 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT -2- REVISION OF SECTION 630 IMPACT ATTENUATOR (SAND FILLED) (TEMPORARY) BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for the pay item listed below: Payment will be made under: Pay Item Pay Unit Impact Attenuator (Sand Filled) (Temporary) Each August 2015 BID SET Payment will be full compensation for all work and materials required to furnish, install, certify, move, repair, maintain, and remove the impact attenuator. Site preparation, foundation pad, epoxy painting, and all necessary hardware including anchors and transitions will not be paid for separately, but shall be included in the work. 66 January 15, 2015 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) (c) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job -mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 20 of 21 CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. All force account items will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Minor Contract Revisions Partnering Erosion Control *To be included in the bond amounts. Ouantity Amount FA $150,000* FA $5,000 FA $5,000 67 CITY OF FORT COLLINS W. MULBERRY STREET BRIDGE REPLACEMENT UTILITIES The known utilities and corresponding contacts for this project are: Fort Collins - Water Systems Dwight Dufloth Fort Collins - Light and Power Rob Irish Century Link Bill Johnson Xcel Energy (Gas) Stephanie Rich PRPA (FO) Mike Slavick 970-416-2165 970-224-6167 970-377-6401 970-225-7828 970-229-5390 August 2015 BID SET The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.06 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR The Contractor will coordinate with the City of Fort Collins and the Utility Companies. Contractor will construct the Fort Collins Water Systems water line relocation. No work in the New Mercer Ditch will be allowed after on or after April 15 and throughout the irrigation season. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS COMPANIES Fort Collins — Utilities Department ( Water Systems) to locate water line when the contractor is excavating on the south side of the road or adding protective measures. During Phase 3 of construction, Fort Collins — Water Systems will coordinate and relocate 8-inch water line and associated appurtenances and remove existing water line once the new line has been installed. Fort Collins Light and Power —Coordinate and relocation of the crossing of the bridge by the electric line near the bridge. XCEL Gas — Coordinate and relocation of the crossing of the bridge by gas lines. Century Link — Relocation of lines at the new bridge. UTILITIES LOCATING The Contractor shall comply with Article 1.5 of Title 9 CRS ('Excavation Requirements") when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) full business days, not including the actual day of notice, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at phone no. 1-800-922-1987, to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading. The location of utility facilities on the plan and profile sheets, and herein described, were obtained from the best available information. 68 STANDARD SPECIAL PROVISIONS November 6, 2014 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows Delete subsections 105.22, 105.23 and 105.24 and replace with the following: 105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the standard special provisions outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled work day. A dispute is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the parties at the project level regarding or relating to the Contract. Disputes include, but are not limited to, any disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. The term "merit' refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of compensation or time deserved when a claim or dispute is found to have merit. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. Review of a pass -through dispute does not create privity of Contract between CDOT and the subcontractor. If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party, further relief shall be allowed. All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance in accordance with subsection 105.21(a). This partial acceptance will be project acceptance of all the construction work performed prior to this partial acceptance. All disputes and claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer's partial acceptance. Failure to provide notification of a dispute or claim within the time periods listed above releases the State of Colorado from all disputes and claims for which notice has not already been submitted in accordance with the Contract. All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be considered unless the party asserting such damages establishes all the legal requirements therefore, which include: (1) The nature of the particular losses makes it impossible or highly impractical to determine them with a reasonable degree of accuracy. (2) The Contractor's bid or estimate was realistic. (3) The Contractor's actual costs were reasonable. (4) The Contractor was not responsible for the cost overrun November 6, 2014 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, in accordance with the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the dispute (2) The nature of the circumstances which caused the dispute (3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual, which support the dispute. (4) If any, the estimated quantum, calculated in accordance with methods set forth in subsection 105.24(b)12., of the dispute with supporting documentation (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the November 6, 2014 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the merits of the dispute. The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute is resolved. If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven days, according to subsection 105.22(d). (d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and shall include a Contractors representative with decision authority above the project level. If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109,10 and the dispute is resolved. If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23. 105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be established and operate as provided herein and shall serve as an independent and impartial board. There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing DRB, when specified in the Contract, shall be established at the beginning of the project. (a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the period described in subsection 105.22(d). (b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures: 1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of suggested DRB candidates experienced in construction processes and the interpretation of contract documents and the resolution of construction disputes. The Board members shall be experienced in highway and transportation projects. After December 31, 2013 only individuals who have completed training (currently titled DRB Administration & Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT can be a DRB member. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(I). 2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor and CDOT shall select the DRB member and execute the agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five with one being their first choice and five being their last choice. If common candidates are listed, but the parties cannot November 6, 2014 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for having all parties execute the agreement. 3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved the three members will nominate one of them to be the Chair and execute the agreement within 45 days of initiating the DRB process 4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be selected within 15 days of execution of the Contract. Prior to construction starting the parties shall execute the Three Party Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. 5. DRB members shall not have been involved in the administration of the project under consideration. DRB candidates shall disclose to the parties the following relationships: (1) Prior employment with either party (2) Prior or current financial interests or ties to either party (3) Prior or current professional relationships with either party (4) Anything else that might bring into question the impartiality or independence of the DRB member (5) Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB's they are serving or that they will be participating in another DRB. If either party objects to the selection of a potential DRB member based on the disclosures of the potential member, that potential member shall not be placed on the Board. 6. There shall be no ex parte communications with the DRB at any time. 7. The service of a Board member may be terminated only by written agreement of both parties. 8. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within four weeks in the same manner as the Board me member who was removed was originally selected. (c) Additional Responsibilities of the Standing Disputes Review Board 1. General. Within 120 days after the establishment of the Board, the Board shall meet at a mutually agreeable location to: (1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members. (2) Agree on the location of future meetings, which shall be reasonably close to the project site. (3) Establish an address and telephone number for each Board member for the purposes of Board business. 2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department. The Board shall establish an agenda for each meeting which will cover all items that the Board considers necessary to keep it abreast of the project such as construction status, schedule, potential problems and solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda November 6, 2014 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department. 4. Advisory Opinions (1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the dispute. This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing. (2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. (3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must be at the specific request of both parties. (4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed. (5) Advisory opinions should be limited to merit issues only. (d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the Project Engineer will: Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB agreement is signed by the CDOT Chief Engineer. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing. (e) Pre -Hearing Submittal: At least fifteen days prior to the hearing, COOT and the Contractor shall submit by e- mail to the DRB Chairperson their parties pre -hearing position paper. The DRB Chairperson shall simultaneously distribute by e-mail the pre -hearing position papers to all parties and other DRB members, if any. At the same time, each party shall submit a copy of all its supporting documents to be used at the hearing to all DRB Members and the other party unless the parties have agreed to a common set of documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the Board and the Contractor. The pre -hearing position paper shall contain the following: 1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording of the joint statement, each party's position paper shall contain both statements, and identify the party authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the hearing and submit it to the DRB or each party's independent statement shall be submitted to the DRB and the other party at least 20 days prior to the hearing. 2. The basis and justification for the party's position, with reference to specific contract language and other supporting documents for each element of the dispute. To minimize duplication and repetitiveness. the parties may identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as Standard Specifications and M&S Standards are available on the CDOT website. November 6, 2014 6 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that issue in the first instance. Should the DRB determine that a dispute does not involve a party, that party shall be relieved from participating in the DRB hearing and paying any further DRB costs. (2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not been completed. 3. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the final determination as to who attends the hearing. 4. A list of any intended experts including their qualifications and a summary of what their presentation will include and an estimate of the length of the presentation. The number of copies, distribution requirements, and time for submittal shall be established by the DRB and communicated to the parties by the Chairperson. A pre -hearing phone conference with all DRB members and the parties shall be conducted as soon as a hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be made on a "point by point" basis with each party making a presentation only on an individual dispute issue before moving onto to the next issue). If the pre -hearing position papers and documents have been received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss the estimated hours of review and research activities for this dispute (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board prior to the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the phone conference. (f) Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson shall control the hearing and conduct it as follows: 1. An employee of CDOT presents a brief description of the project and the status of construction on the project. 2. The party that requested the DRB presents the dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 3. The other party presents its position in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 4. Employees of each party are responsible for leading presentations at the DRB hearing. 5. Attorneys shall not participate in the hearing unless the DRB specifically addresses an issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the hearing, provided their presence has been noted in the pre -hearing submittal. 6. Either party may use experts. A party intending to offer an outside expert's analysis at the hearing shall disclose such intention in the pre -hearing position paper. The expert's name and a general statement of the area of the dispute that will be covered by his presentation shall be included in the disclosure. The November 6, 2014 7 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS other party may present an outside expert to address or respond to those issues that may be raised by the disclosing party's outside expert. 7. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB. 8. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the opportunity to exchange questions and answers. All questions shall be directed to the chairperson first. Attendees may respond only when board members request a response. 9. The DRB shall hear only those disputes identified in the written request for the DRB and the information contained in the pre -hearing submittals. The board shall not hear or address other disputes. If either party attempts to discuss a dispute other than those to be heard by the DRB or attempts to submit new information, the chairperson shall inform such party that the board shall not hear the issue and shall not accept any additional information. The DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. 10. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted. 11. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance. (g) Dispute Review Board Recommendation. The DRB shall issue a Recommendation in accordance with the following procedures: 1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and review of the dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. At a minimum, the recommendation shall contain all the elements listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions listed at the end of subsection 105.24. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB, where one member dissents that member shall prepare a written dissent and sign it. 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. (h) Clarification and Reconsideration of Recommendation. Either party may request clarification or reconsideration of a decision within ten days following receipt of the Recommendation. Within ten days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties unless otherwise agreed to by both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments which have not been made a part of the pre -hearing submittal other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per dispute from each party will be allowed. (i) Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within April 30, 2015 REVISION OF SECTIONS 101 AND 630 CONSTRUCTION ZONE TRAFFIC CONTROL In subsection 630.10(a) (3) (iii), delete the third paragraph, and replace with the following: Groups 1 and 2 shall each be equipped with a truck -mounted Advance Warning Flashing or Sequencing Arrow Panel (C Type), and a truck mounted impact attenuator. The impact attenuator shall be located on the rearmost vehicle of each group. A separate vehicle for this attenuator may be used. Each truck -mounted impact attenuator shall be certified by the manufacturer to be able to withstand a 62 MPH impact in accordance with NCHRP 350, Test Level 3 (only applicable for truck -mounted impact attenuators developed prior to 2011) or MASH, Test Level 3 (acceptable for all truck -mounted impact attenuators). The cone setting truck and the cone pickup truck shall not be the same vehicle. In subsection 630.16, delete the 5th paragraph. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 21 of 21 November 6, 2014 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the dispute or pursue a formal claim in accordance with subsection 105.24. If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. Q) Admissibility of Recommendation. Recommendations of a DRB issued in accordance with subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the following paragraph: This Recommendation may be taken under consideration with the understanding that: 1. The DRB Recommendation was a proceeding based on presentations by the parties. 2. No factor expert witnesses presented sworn testimony or were subject to cross-examination. 3. The parties to the DRB were not provided with the right to any discovery, such as production of documents or depositions. 4. There is no record of the DRB hearing other than the Recommendation. (k) Cost and Payments. 1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the following to support the Board's operation: (1) Copies of Contract and other relevant documentation (2) Meeting space and facilities (3) Secretarial Services (4) Telephone (5) Mail (6) Reproduction (7) Filing 2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on -site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time spent on -site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily and travel time rates shall be considered full compensation for on -site time, travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB members in review and research activities outside the official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB), has been specifically agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than the all inclusive rate per day or rate per hour for an individual project. November 6. 2014 9 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work. (1) Dispute Review Board Three Party Agreement. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NO. THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department"; and hereinafter called the "Contractor'; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the [Project Namel and WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department November 6, 2014 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 COLORADO PROJECT NO. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § November 6, 2014 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written above. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: Date: TITLE: CHIEF ENGINEER 105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both parties. This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor in accordance with this subsection as a pass -through claim. Review of a pass -through claim does not create privity of Contract between CDOT and any other entity. Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their entirety. Merit -binding arbitration or litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City and County of Denver. Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted in accordance with this subsection. November 6, 2014 12 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The cost of the non -binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that merit -binding arbitration or litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in accordance with subsection 105.23, the Contractor shall provide the Region Transportation Director with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of this subsection Region Transportation Director shall mean the Region Transportation Director or the Region Transportation Director's designated representative. CDOT will acknowledge in writing receipt of Notice of Intent within 7 days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor shall submit five copies of a complete claim package representing the final position the Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to CDOT. If requested by the Contractor the 60 day period may be extended by the RTD in writing prior to final acceptance. As a minimum, the following information shall accompany each claim. 1. A claim certification containing the following language, as appropriate: A. For a direct claim by the Contractor: CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) (title) of (company) hereby certifies that the claim of $ for extra compensation and _ Days additional time, made herein for work on this contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this _ day of NOTARY PUBLIC My Commission Expires: B. For a pass -through claim: PASS -THROUGH CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) (title) , of (company) , hereby certifies that the claim of $ for extra compensation and _ Days additional time, made herein for work on this Project is true to the best of my knowledge and belief and supported under the contract between the parties. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. November 6, 2014 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Dated /s/ Subscribed and sworn before me this _day of NOTARY PUBLIC My Commission Expires: Dated /s The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ Subscribed and sworn before me this _ day of NOTARY PUBLIC My Commission Expires: 2. A detailed factual statement of the claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the claim. The Contractor's detailed factual statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not satisfied by simply incorporating into the claim package other documents that describe the basis of the claim and supporting factual evidence. 3. The date on which facts were discovered which gave rise to the claim. 4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be knowledgeable about facts giving rise to such claim. 5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who may be knowledgeable about facts giving rise to such claim. 6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the claim. 7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the claim. 9. Copies of all known documents that support the claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required by subsection 108.08(d). 12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories: A These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor (2) Costs for additional bond, insurance and tax (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead (6) Salaried employees assigned to the project (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims) November 6, 2014 14 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.A.(8) above (2) Loss of Profit (3) Additional cost of labor inefficiencies in excess of that provided in A. above (4) Home office overhead in excess of that provided in A. above (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency (6) Indirect costs or expenses of any nature in excess of that provided in A. above (7) Attorney's fees, claim preparation fees, and expert fees (c) Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt of the complete claim package, provided the Contractor allows the auditors reasonable and timely access to the Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall submit a copy of certified claim package directly to the CDOT Audit Unit at the following address: Division of Audit 4201 E. Arkansas Ave Denver. Co.80222 (d) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in accordance with the following procedure. The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated claims will not be made. The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in the Contractor's claim, (2) will conduct a hearing if requested by either party: and (3) may consider any other information available in rendering a decision. The RTD will assemble and maintain a claim record comprised of all information physically submitted by the Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a decision. Once the RTD assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. The RTD will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to render a written decision within the 60 day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief Engineer, as described in this subsection. If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final. November 6, 2014 15 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (e) Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief Engineer. Within 15 days of the appeal either party may submit a written request for a hearing with the Chief Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters delegate will review the claim and render a decision to affirm, overrule, or modify the RTD decision in accordance with the following. The Contractor's written appeal to the Chief Engineer will be made a part of the claim record The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief Engineer will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation. The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify the Chief Engineer of its acceptance or rejection in writing. If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an alternative dispute resolution process in accordance with this specification or (2) initiate litigation or merit binding arbitration in accordance with subsection 105.24(f). If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate either litigation or merit binding arbitration in accordance with subsection 105.24(f). For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding arbitration or De Novo litigation shall be brought within 180-calendar days from the date of the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. (f) De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de'novo litigation or merit binding arbitration to finally resolve the claim that the Contractor submitted to CDOT, depending on which option was selected by the Contractor on Form 1378 which shall be submitted at the preconstruction conference. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for the City and County of Denver, unless both parties agree to the use of arbitration. November 6, 2014 16 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of AAA's Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a binding decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Denver District Court with regard to quantum only. November 6, 2014 17 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24 REGULAR TRACK PROCEDURES R-1. Agreement of Parties (a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator. (b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate claims do not exceed $75,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties except for pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with the Fast Track Procedures. (c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all cases in which the disclosed aggregate claims of any party is at least $500,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $500,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these rules that is not in conflict with the Procedures for Large, Complex Construction Disputes. (d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules. R-2. Independent Arbitration Provider and Delegation of Duties When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third - party (Arbitration Provider) and arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its Denver office R-3. Initiation of Arbitration Arbitration shall be initiated in the following manner. (a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer written notice of its intention to arbitrate (the "demand"), The demand shall indicate the appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration. (b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. (c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2i° Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov. corn/purchasing Description of BID 8165: Mulberry Bridge at New Mercer Ditch Bridge Replacement OPENING DATE: 3:00 PM (Our Clock) September 25, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Questions & Answers Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 1 of 5 November 6, 2014 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confirm its retention to the parties. R-4. Consolidation or Joinder If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder. If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate process for consolidation or joinder. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. R-5. Appointment of Arbitrator An arbitrator shall be appointed in the following manner. (a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding. (b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-7. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. November 6, 2014 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. (d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, of presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of arbitration. R-8. Disqualification of Arbitrator (a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or refusal to perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification provided by applicable law. (b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive. R-9. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. R-10. Vacancies (a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise. (c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings. R-11. Jurisdiction (a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. (b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. (c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference November 6, 2014 20 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct an administrative conference. in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. R-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Exchange of Information (a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: (i) the production of documents and other information, (ii) short depositions, particularly with regard to experts, and/or (iii) the identification of any witnesses to be called. (b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. (c) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. R-15. Date, Time, and Place of Hearing (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. 21 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-18. Oaths November 6, 2014 Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20. Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. R-22. Arbitration in the Absence of a Party or Representative Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award. R-23. Conduct of Proceedings (a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. (b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings, and may also make preliminary rulings and enter interlocutory orders. (c) The parties may agree to waive oral hearings in any case. R-24. Evidence (a) The arbitrators shall consider all written information available in the claim record and all oral presentations in support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary. (b) The arbitrators shall not consider any written documents or arguments which have not previously been made November 6, 2014 22 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client- (e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. R-25. Evidence by Affidavit and Post -hearing Filing of Documents or Other Evidence (a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission. (b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence. R-26. Inspection or Investigation An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. R-27.Interim Measures (a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. (b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. R-28. Closing of Hearing When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed. If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing November 6, 2014 23 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object. R-31. Extensions of Time The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The Arbitration Provider shall notify the parties of any extension. R-32. Serving of Notice (a) Any papers, notices. or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith, or for the entry of judgment on any award made under these rules, may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party. (b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules. (c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration. R-33. Majority Decision When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions. R-34. Time of Award The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. R-35. Form of Award After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two arbitrators. The arbitrator's decision shall include: (a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning the claim, November 6, 2014 24 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) Decisions concerning the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected, (e) Detailed and supportable calculations which support any decisions. R-36. Scope of Award (a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract. (b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from such date as the arbitrator may deem appropriate. R-37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed. R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating to the arbitration. R-41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of November 6, 2014 25 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS the party's right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. R-42. Administrative Fees The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties. The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees. R-43. Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives. and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties. R-44. Neutral Arbitrator's Compensation Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation. If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the Arbitration Provider and confirmed to the parties. Such compensation shall be borne equally by the parties. R45. Deposits The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. R-46. Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider. R45. Suspension for Nonpayment If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so November 6, 2014 26 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone. F-4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery November 6, 2014 27 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it. F-8. Date, Time, and Place of Hearing The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the hearing date. All hearings shall be held within the City and County of Denver. F-9. The Hearing (a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial day of hearing. (b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions above. F-10. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. F-11. Time Standards The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it. F-12. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office. PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES L-1. Large, Complex Construction Disputes The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or as agreed to by the parties. L-2. Administrative Conference Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative conference shall be conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may deem appropriate: EXHIBIT 1 - REVISED BID SCHEDULE ITEM NO, ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 201 -00000 Clearing and Grubbing LS 1 $ - 202 -00010 Removal of Tree EA 7 $ 202 -00019 Removal of Inlet EA 2 $ - 202 -00200 Removal of Sidewalk BY 126 $ 202 -00203 Removal of Curb & Gutter LF 244 $ 202 -00210 Removal of Concrete Pavement SY 227 $ 202 -00220 Removal of Asphalt Nat SY 646 $ - 202 -00400 Removal of Bridge EA 1 $ 202 -00450 Removal of Bridge (Pedestrian) LS 1 $ - 202 -00495 Removal of Portions of Present Structure LS 1 $ 202 -01000 Removal of Fence LF 33 $ 203 -00100 Muck Excavation CY 131 $ 206 -00000 Structure Excavation CY 553 $ 206 -00065 Structure Backfill (Flowfill) CY 26 $ - 206 -00100 Structure Backfill (Class 1) CY 297 $ 206 -01001 Bed Course (Special) CY 147 $ - 206 -01781 Shoring LS 1 $ 208 -00000 Erosion Control Supervisor LS 1 $ 208 -00005 Erosion Log (12 Inch) LF 107 S - 208-00022 Orange Safety Fence LF 153 $ 208 -00035 Aggregate Bag LF 24 $ - 208 -00045 Concrete washout Structure EA 1 $ - 212 -00100 Tree Retention and Protection LS 1 $ - 304 -06000 Aggregate Base Course (Class 6) TON 313 $ - 403 -33821 Hot Bituminous Pavement (Grading S) (100) (PG 64-22) TON 302 $ 403 -34851 Hot Bituminous Pavement (Grading SX) (100) (PG 64-28) TON 90 $ - 406 -00700 Temporary Pavement SY 632 $ 420 -00507 Geotextile Paving Fabric (Crack Reduction) (Class 3) SY 105 $ 506 -00000 Riprap (12 Inch) TON 19 $ 506 -00206 Riprap (6 Inch) TON 17 $ Addendum 1 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 2 of 5 November 6, 2014 28 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) To discuss the views of the parties about the technical and other qualifications of the arbitrators; (c) To obtain conflicts statements from the parties; and (d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might be appropriate. L-3. Arbitrators (a) Large, Complex Construction Cases shall be heard and determined by three arbitrators. (b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry Arbitration Rules. L-4. Preliminary Hearing As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather than in person. At the preliminary hearing the matters to be considered shall include, without limitation: (a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of the arbitrator(s); (b) Stipulations to uncontested facts; (c) The extent to which discovery shall be conducted; (d) Exchange and premarking of those documents which each party believes may be offered at the hearing; (e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced; (g) The extent to which hearings will proceed on consecutive days; (h) Whether a stenographic or other official record of the proceedings shall be maintained; (i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and G) The procedure for the issuance of subpoenas. By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings November 6, 2014 29 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. (b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. (e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the hearing unless the arbitrator(s) determine otherwise. (f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s), shall be included within the Scheduling and Procedure Order. (g) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to maximize efficiency and minimize costs. The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24 30 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 105.22 Project Issue —Verbal discussions between Proj. Eng. and Supt. Impasse Contractor provides written notice of dispute to Project Engineer 15 Days—105.22 (b) Contractor provides written REA including the following: (1) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any 15 Days — 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute 7 days—105.22 PE denies merit of dispute I PE determines dispute has merit 7 days—105.22 (c Contractor rejects PE's denial. Contractor Contractor accepts denial. provides written notice to RE. Dispute is resolved. 7 days — 105.22 (d) Disagree on quantum Proj Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute Up to 30 days — 105.22 (d) 30/ 45 days — 3(b) DRB 105.2 agreement signed 105.23(a) Proj Eng initiates DRB process 20 days— 105.23 (d) Prehearing Submittal 15 days— 105.23 (e). DRB Hearing 30 days—105.23 (g) DRB renders a recommendation 10 days—105.23 (h) Request for Clarification and Reconsideration 14 days—105.23 (i) Dispute is 5 Days— unresolved 105.23 (a) Either party rejects DRB recommendation II DRB recommendation is accepted Figure 105-1 continued on next page November 6, 2014 Merit granted — Quantum negotiations 30 Days — 105.22 (c) i Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved November 6, 2014 31 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 (continued) Either party rejects DRB recommendation Adjustment of 30 days—105.24 (a) payment/schedule in consultation with 105.24 Notice of intent to file a claim Program Engineer - 60 days — 105.24 (b) Dispute is resolved Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days—105.24 (d) RTD renders a decision Contractor accepts decision Decision is implemented 30 days—105.24 (d) Contractor rejects and 60 days - 105.24 (e) Chief Engineer appeals RTD decision to CE renders decision 15 days Request for hearing 105.24 (e) �45ays — 05.24 (e) 30 days—105.24 (e Contractor rejects CE decision Contractor accepts CE decision Decision is implemented Optional Mediation I Dispute is unresolved I I Contractor initiates I Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation Dispute is resolved Resolution is implemented Binding Arbitration Arbitrator(s) render recommendation Court Decision I I Appeal process only for damages February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. May 2, 2013 REVISION OF SECTION 107 PROJECT PAYROLLS Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.01 shall include the following: As related to the Form FHWA 1273, Required Contract Provisions Federal -Aid Construction Contracts, the Contractor shall check all Contractor and subcontractor project payrolls regarding accuracy of pay classification, pay hours, and pay rates. The Contractor shall sign and date all payrolls signifying this check has been performed. February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within sever days of the Contractor's receipt of such notice. April 30, 2015 1 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Sections 107, 208, are hereby revised for this project as follows: In subsection 107.25(b)6 delete the second paragraph and replace it with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted to and approved by the Engineer. In subsection 208.03 delete the first paragraph and replace it with the following: Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as described in subsection in 208.03(b). In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following: The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the plans. When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Delete subsections 208.03(c) and (d) and replace them with the following: (c) Implementation, Maintenance and Revision of the SWMP. The Contractor's responsibilities shall be as follows: (1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs with all other construction operations. (2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless the Engineer directs that the features be left in place. (3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs. (5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed the Transportation Erosion Control Supervisor (TECS) training program authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference in one location on the project during construction: April 30, 2015 2 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE 1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook: (1) SWMP Sheets (2) SWMP site map, if applicable to the project. (3) Details of BMPs used on the project not covered in Standard Plan M-208-1. (4) List of potential pollutants as described in subsection 107.25. (5) SPCC and reports of reportable spills submitted to CDPHE. (6) Form 105s and all other correspondence relating to water quality. (7) Project environmental permits and associated applications and certifications. 2. Reference Materials (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. In subsection 208.04 delete the first and second paragraphs and replace them with the following: The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. In subsection 208.06 delete the first paragraph and replace it with the following The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following: Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. In subsection 208.08, delete the first paragraph and replace it with the following: The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence April 30, 2015 3 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE shall be restored to the original condition by the Contractor at the Contractor's expense. The Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with the following: (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.06(c). (6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208,08. (7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(f). (8) Failure to remove and dispose of sediment from BMPs as required. (9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (10) Failure to perform permanent stabilization as required by subsection 208.04 (e). In subsection 208.09 delete the third paragraph and replace it with the following: The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be made as soon as possible but no later than 48 hours from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected. In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following: Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after meeting the Contractor is still in disagreement and feels that additional compensation is owed, the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in subsection 105.22. If the Contractor's corrective action plan and schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on -site meeting with the Superintendent and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the cost from any moneys due or to become due to the Contractor pursuant to subsection 105.16. Delays due to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project is in Contract compliance. EXHIBIT 1 - QUESTIONS & ANSWERS 1. We are required to submit a Buy America and Lobbying certification form. Can you provide this form? Certifications for Buy America and Lobbying are located within the Contract Documents under SECTION 00800: CDOT SUPPLEMENTARY CONDITIONS. Buy America certification begins on page 127 and requires a bidder signature in one (1) of the 4 signature fields. Lobbying certification begins on page 129 and requires a signature by the Contractor's Authorized Official. For your convenience attached as Attachments 1 and 2 to this Addendum #3 are the required certifications for Buy America and Lobbying. 2. On the bid form, question 21 asks, "what are the limits of your public liability" DETAIL. Are you asking for our general liability limits? Insurance requirements for liability are stated in SECTION 00800: CDOT SUPPLEMENTARY CONDITIONS and include: - 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. - The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). - Operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 2 of 5 509 -70000 Stainless Steel Angle (Special) LF 172 $ - 514 -00200 Pedestrian Railing LF 10 $ 514 -00201 Pedestrian Railing (Special) LF 47 $ 514 -00202 Pedestrian Rail Attachment (Special) LF 1 $ 514 -00203 Painting of Pedestrian Rail Attachment and Existing Rail (Special) LS 1 $ - 601 -03050 Concrete Class D (Wall) CY 86 $ 601 -05035 Concrete Class S35 CY 191 $ 601 -21011 Precast Concrete Vertical Column EA 2 $ - 601 -40008 Stone Veneer Type 1 SF 645 $ - 601 -40009 Stone Veneer Type 2 SF 102 $ - 601 -40010 Stone Cap Type 1 LF 74 $ - 601 -40300 Structural Concrete Coating SY 264 $ 602 -00020 Reinforcing Steel (Epoxy Coated) LB 76800 $ 607 -01000 Fence with Metal Posts, Smooth (2 Strand) LF 33 $ 608 -00006 Concrete Sidewalk (6 inch) (Special) SY 114 $ 608 -00045 Concrete Drive Entrance (Special) SY 35 $ 609 -00000 Curb and Gutter, Type 2 (Section 1113) LF 140 $ 613 -00400 3 Inch Electrical Conduit LF 354 $ 619 -10160 16 Inch Welded Steel Pipe LF 45 $ 619 -50640 8 Inch Water line LS 1 S 620 -00020 Sanitary Facility EA 1 S 626 -00005 fubbilization LS 1 S - 630 -00000 Flagging (Special) HOUR 100 S - 630 -00007 Traffic Control Inspection (Weekends) DAYS 56 $ - 630 -00012 Traffic Control Management (Working Days) DAYS 144 $ - 630 -70000 Construction Zone Traffic Control (Special) LS 1 $ 630 -80359 Portable Message Sign Panel (Special) DAY 7 $ 630 -85006 Impact Attenuator (Sand Filled) (Temporary) EA 1 $ SUB TOTAL $ - Addendum 1 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 3 of 5 April 30, 2015 4 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Delete subsection 208.10 and replace it with the following: 208.10 Items to Be Accomplished Prior to Final Acceptance. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region's Water Pollution Control Manager shall be notified of the BMP locations. July 31, 2014 I REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following: 108.03 Project Schedule. (a) Definitions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g., a 5-day work -week and a 7-day work -week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start ,or the earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered float. Gantt Chart. A time -scaled graphical display of the project's schedule. Lag. A time -value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). Milestone. An activity, with no duration used to represent an event. Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity. Predecessor Activity. An activity that is defined by schedule logic to precede another activity. Relationship. The interdependence between activities. Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but may not affect the overall completion of the project. Successor Activity. An activity that is defined by schedule logic to follow another activity. July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed. (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre - construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression of all activities required to complete the work. The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no -work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start -to -finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start -to - start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish -to -start or a finish -to -finish relationship. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. July 31, 2014 3 REVISION OF SECTION 108 PROJECT SCHEDULE For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1) Approved, no exceptions taken; (2) Approved -as -Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time -scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: The Contractor shall include the following with all schedule submittals: (1) A Job Progress Narrative Report that includes the following: (i) A description of the work performed since the previous month's schedule update. (ii) A description of problems encountered or anticipated since the previous month's schedule submission. (iii) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. (iv) The status of all pending items that could affect the schedule. (v) Explanations for milestones forecasted to occur late. (vi) Scheduled completion date status and any change from the previous month's submission. (vii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. July 31, 2014 4 REVISION OF SECTION 108 PROJECT SCHEDULE (viii) Schedule Delays: 1. A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2. Delay type with reference to the relevant specification subsection. 3. Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5. Identification of the actions needed to avoid a potential or mitigate an actual delay. 6. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. (ix) A list of all added and deleted activities along with an explanation for the change. (x) All logic and duration changes along with an explanation for the change. (2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (3) An Early Start report listing all activities, sorted by actual start/early start date. (4) A Float report listing all activities sorted in ascending order of available float. (5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. (6) A listing of all non -work days. For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the CPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date. (d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. (e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved. When approved, the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the Baseline Schedule. If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (f) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement: July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE (1) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. (g) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for reports do not apply to the Weekly Planning Schedule. (i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are (1) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition, deletion, or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; (6) If the Engineer determines that the schedule does not reflect the actual work. This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved, the Schedule Revision becomes the Project Schedule. July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE (j) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. July 31, 2014 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. r- June 4, 2015 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09, delete the Schedule of Liquidated Damages and replace with the following: Original Contract Amount $ Liquidated Damages per Calendar Day ($) From More Than To And Including 0 150,000 500 150,000 500,000 1,000 500,000 1,000,000 1,600 1,000,000 2,000,000 2,300 2,000,000 4,000,000 4,100 4,000,000 10,000,000 5,800 10,000,000 --------------- 5,800 plus 1,600 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 January 31, 2013 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. FORCEACCOUNT 700 -70010 F/A Mnor Contract Revisions FA 1 $150,000 $ 150,000.00 700-70011 F/APartnering FA 1 $5,000 $ 5,000.00 700 -70380 F/A Erosion Control FA 1 $5,000 $ 5,000.00 TOTAL BASE BID IN WORDS: Addendum 1 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 4 of 5 May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. February 3, 2011 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows In subsection 109.01, delete the 171 paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows In subsection 109.01, delete the twenty-sixth paragraph and replace with the following Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year January 31, 2013 REVISION OF SECTION 109 PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. July 19, 2012 1 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: 1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be compacted to the relative compaction specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at f 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. Claystone or soil -like non -durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. July 19, 2012 2 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC forA-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 um (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following: 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07. delete the 15'h paragraph and replace with the following: Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. July 19, 2012 1 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Section 206 of the Standard Specifications is hereby revised for this project as follows Subsection 206.02 (a) shall include the following Imported Material used as structure backfill for pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH. When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (1) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 (4) pH using ASTM G51. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 206-1 or 206-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 206-1 or Table 206-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 206-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample, if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 206- 1 or 206-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. July 19, 2012 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Table 206-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (Cl) pH % max % max 0,7 0.05 0.05 6.0-8.5 1,7 0.10 0.10 6.0-8.5 2,8 0.20 0.20 6.0-8.5 3, 9 0.50 0.50 6.0-8.5 4,9 1.00 1.00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6,10 >2.00 >2.00 <5 or >9 Table 206-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH >_1,500 5.0-9.0 >_250 3.0-12.0 April 26, 2012 1 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows Delete subsection 206.02 (a) and replace with the following: (a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non -organic mineral aggregates and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of subsection 703.08. Class of material shall be as specified in the Contract or as designated. Structure backfill (Flow -Fill) meeting the following requirements shall be used to backfill bridge abutments. The Contractor may substitute structure backfill (Flow -Fill) for structure backfill (Class 1) or structure backfill (Class 2) to backfill culverts and sewer pipes. Flow -Fill is a self -leveling low strength concrete material composed of cement, fly ash, aggregates, water, chemical admixtures and/or cellular foam for air -entrainment. Flow -fill shall have a slump of 7 to 10 inches, when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in accordance with ASTM D6103. Flow -Fill shall have a minimum compressive strength of 50 psi at 28 days, when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill. Flow -Fill placed in areas that require future excavation, such as utility backfill shall have a Removability Modulus (RM) of 1.5 or less. Removability Modulus, RM, is calculated as follows: RM= W1.sx104xC" 106 where: W = unit weight (pcf) C = 28-day compressive strength (psi) Materials for structure backfill (Flow -Fill) shall meet the requirements specified in the following subsections: Fine Aggregate' • 4 703.01 CoarseAggregate2.4 703.02 Portland Cement 701.01 Fly Ash 3, 4 701.02 Water 712.01 Air Entraining Admixture 711.02 Chemical Admixtures 711.03 ' Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates acceptable results for strength and air content. 2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. 3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. 4 Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP limits of 40 CFR 261.24 for heavy metals Cellular foam shall conform to ASTM C869 and ASTM C796 Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass must conform to the required gradations. All containers used to produce the cullet shall be empty prior to processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass April 26, 2012 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) cutlet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious material which impacts the performance of the structure backfill (Flow -Fill) including all non -glass constituents. The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms to the following gradation: Sieve Size Percent Passing 25.0 mm (1 inch) 100 75 pm (No. 200) 0- 10, The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates acceptable results for strength and air content. The Contractor shall submit a structure backfill (Flow -Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content (2) ASTM D6023, Unit Weight (3) ASTM C143, Slump or ASTM D6103 flow consistency (4) ASTM D4832 28-day Compressive Strength (5) Removability Modulus (RM) In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following Compaction of structure backfill (Flow -Fill) shall not be performed. The maximum layer thickness for structure backfill (Flow -Fill) shall be 3 feet unless otherwise approved by the Engineer. The Contractor shall not place structure backfill (Flow -Fill) in layers that are too thick to cause damage to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure backfill (Flow -Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of structure backfill (Flow-Fill).Testing structure backfill (Flow -Fill) in accordance with ASTM D6024 will be witnessed by the Engineer. Damage resulting from placing structure backfill (Flow -Fill) in layers that are too thick or from not allowing sufficient time between placements of layers shall be repaired at the Contractor's expense. The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these items during the placement of the structure backfill (Flow -Fill). Prior to the placement of structure backfill (Flow -Fill), the Contractor shall sample the structure backfill (Flow -Fill) in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow -Fill) unit weight in accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow -Fill) for slump in accordance with ASTM C143 or flow consistency according to ASTM D6103. The Contractor shall sample and test the first three loads of structure backfill (Flow -Fill) for each placement and then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer When structure backfill (Flow -Fill) is placed in areas that require future excavation, the unit weight of the placed structure backfill (Flow -Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf. Structure backfill (Flow -Fill) shall not be allowed to freeze during placement and until it has set sufficiently according to ASTM D6024. Frozen structure backfill (Flow -Fill) shall be removed and replaced at the Contractor's expense. When the Contractor substitutes Structure Backfill (Flow -Fill) for Structure Backfill (Class 1) or (Class 2), the trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert and the trench wall. EXHIBIT 2 — QUESTIONS & ANSWERS Is there a 5% Colorado in -state preference for this project? No, there is not an in -state preference. 2. Will there be an asphalt price adjustment for this project? After carefully consideration, the City has decided not to have the asphalt price adjustment provision for this project. This change is reflected in the attached Revised Bid Schedule (Exhibit 1). Please use Exhibit 1 or the attached Excel file "8165 Add 1 Bid Schedule" in lieu of the previous version. 3. Can the waterline be joint restrained only through the lowering and not require the concrete thrust blocks? The waterline plan states that all joints shall be restrained for the entire length (Sta. 10+00 to 11+15.50). Concrete thrust blocks are not required in the lowering since all joints will be restrained. All fittings and restraints shall be epoxy coated with stainless steel bolts. 4. Are bell restraints required on the pipe inside of the steel casing? Yes, the pipe needs to be restrained inside of the steel casing. 5. Is any cathodic protection required on the waterline pipe? No, the waterline pipe will not require cathodic protection. However, the Steel • casing will need to be protected per our standards and specifications with anode bags. 6. Will any customers be affected with a shutdown for the tie-in? There are no customer services between the two points of connection. During a shutdown to properly cut and plug, block and/or restrain at the tie-in points there is a possibility of affecting 18 customer services. An 8 hour shutdown is allowed for these customers twice during the duration of the project with 48 hours notice. 7. The notes require tracer wire and a locator station, where will the locator station be located? There is existing tracer wire in the 8" Gate valve on the east side of the ditch. This needs to be spliced and laid with the proposed pipe to the 8"x4" tie-in on the west side of the ditch. The tracer wire should be terminated with a locate station behind the sidewalk at this location. 8. Is there required lengths the existing pipe needs to be restrained back from the proposed tie-in points on the existing 4" main and existing 8" gate valve? The restrainment tie back length for the 8" and 4" existing waterlines is 60' and 30' respectively. For the purpose of the bid it should be assumed that the 4" waterline can be cut, plugged and blocked and the 8" waterline can have 60' of pipe laid west of it and backfilled during an 8 hour shutdown. A second shutdown will be required to tie the mains in after it has been tested, chlorinated and blown off. Addendum 1 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 5 of 5 July 29, 2011 REVISION OF SECTIONS 206 AND 601 BACKFILLING STRUCTURES THAT SUPPORT LATERAL EARTH PRESSURES Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows In subsection 206.03, delete the ninth paragraph and replace with the following: Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the concrete has developed a compressive strength of 0.8 Vc, except in cases where the structures support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to subsection 601.12 (o). Subsection 601.12 shall include the following: (o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach fc before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding compactors. Concrete compressive strengths shall reach 0.8 fc before backfilling operations can begin with hand operated equipment. January 31, 2013 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) Stake (pounds/foot) Dimensions 1.6 Inches Min. 10 Max. 180 1.5 by 1.5 (nominal by 18 �12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. January 31, 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Propert- Requirement Test Method (1)pH t%solution 6.5-8.0 (2) Mucilage content 75% min. ASTM D7047 Pre -gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein 55 (2) Ash content 0-2% (3) Fiber 4-5%, (4) pH 1% solution 6.5 — 8.0 (5) Size 100% thru 850 microns (20 mesh) (6) Settleable solids <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213 02 and replace with the following (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: Pro ernes Organic Fibers Cross linked Tackifiers Reinforcing lnteil& g Fibers Biodegradability Ground Cover @ Application Rate Functional Longevity Cure Time Application Application Rate January 31, 2013 2 REVISION OF SECTION 213 MULCHING Requirement Test Method . 1713/nMin .:,. ASTM D 2974 10% +/- 2% Min. 100% ASTM D 5338 ASTM D 6567 12 Months Min. <8 hours 3,000 lb./acre The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre -packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Requirement Fiber Retention On 28-Mesh Screen > 40% Moisture Content 12% t 2% Organic Matter 99.2% f 0.2% Ash Content 0.8% t 0.26/0 pH At 3% Consistency In Water 4.5-7.0 t 0.5% Sterilized Weed -Free Yes Non -Toxic To Plant Or Animal Life Yes Test Method Tyler Po -Tap Method Total Air Dry Weight Basis Oven Dry Weight Basis Oven Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Requirement Molecular Weight >_ 12xI06 Charue Densiv, > 25% Non -Toxic To Plant Or Animal Life Yes (h) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non -toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant January 31, 2013 REVISION OF SECTION 213 MULCHING blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Test Method Bio-de radabili % 100 ASTM 5338 fl� �',� _ Cure Time (hours 24-48 Application Apo The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs./Acre 300 lbs./Acre 2000 gal./Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at'/, speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. January 31, 2013 REVISION OF SECTION 213 MULCHING Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. January 15, 2015 1 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following: DESCRIPTION 250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected soil and groundwater contaminants; the management of solid, special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project. 250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control necessary to perform the contamination monitoring, testing, and site remediation when required. Traffic control shall be in accordance with the requirements of Section 630. Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to meet the following standards: CONSTRUCTION REQUIREMENTS 250.03 General. Prospective bidders, including subcontractors, are required to review the environmental documents available for this project. These documents are listed in subsection 102.05 as revised for this project. This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) and 250.05 shall be followed. Transportation of waste materials on public highways, streets and roadways shall be done in accordance with Title 49, Code of Federal Regulations (CFR). All labeling, manifesting, transportation, etc. of waste materials generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste materials generated on this project shall list the Colorado Department of Transportation as the generator of the waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed as the generator on the hazardous waste manifests, permits, and other documents for such material. If the project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall January 15, 2015 2 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the Contractor shall designate the facility. The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the waste materials are determined to be hazardous, the Contractor must submit proof that the transportation company is covered by the appropriate type and amount of insurance required by laws and regulations governing the transportation of hazardous waste. The Contractor alone bears the responsibility for determining that the work is accomplished in strict accordance with all applicable federal, state and local laws, regulations, standards, and codes governing special waste, petroleum and hazardous substance encounters and releases. The Contract will list known or suspected areas of contamination. Health and Safety Officer, Monitoring Technician, and Health and Safety Plan shall be required when so stated in the Contract. (a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who shall have at least two years field experience in chemical related health and safety. The HSO shall be either a certified industrial hygienist (CIH), certified hazardous materials manager (CHMM), professional engineer (PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental manager (REM) meeting the criteria set forth in 29 CFR 1926. When asbestos is present or is suspected to be present, the HSO shall have additional training and certification in accordance with the Air Quality Control Commission Regulation No. 8 Part B. The HSO shall meet the minimum training and medical surveillance requirements established by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above requirements have been met. 250.03. The HSO shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance related injury to the workers, Department personnel, the general public, property and the environment. Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the monitoring of confined space entry and working in or near excavations, including but not limited to trenches and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance and solid waste related testing, sampling, monitoring and handling for this project to ensure compliance with applicable statutes and regulations, and other applicable environmental requirements under subsections 107.01 and 107.02. The HSO shall be available for consultation and assistance with contaminated materials related testing, sampling, and field monitoring as required by the Engineer. The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the project. This site report shall include a detailed summary of all contaminated materials and contaminated water that were encountered and their final disposition. During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project January 15, 2015 3 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (b) Monitoring Technician (MT). The Contractor shall designate a monitoring technician to be responsible for monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years of actual field experience in assessment and remediation of hazardous substances that may be encountered during highway construction projects. The MT shall be experienced in the operation of monitoring devices, identifying substances based upon experience and observation, and field sampling (for testing) of all media that may be found on the site. Completion of the 40 hour hazardous waste and 8 hour supervisory training required by OSHA and U.S. EPA rules and regulations which complies with the accreditation criteria under the provisions of the proposed 29 CFR 1910.121 is required prior to beginning work. The Contractor shall furnish documentation at the Preconstruction Conference that demonstrates these requirements have been met. The MT shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Personal protective equipment (levels C and D) when required. The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being performed in areas of suspected contamination and on a predetermined basis throughout other work on the project. The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials Management Plan (if they exist for the project), the Contract, and the environmental documents for the project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous condition. During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (c) Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS (NIOSH) Publication Number 85-115, available from the Superintendent of Documents, U.S. Government Printing Office. The Contractor and the HSO shall review the environmental documents listed prior to preparation of the HASP. Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each emergency response agency servicing the project area, the HASP designated emergency hospital, and five copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the HASP has been distributed. The HASP shall also be available to the Contractor's employees, their representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment (CDPHE), local government health department, Federal Highway Administration, and other appropriate agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS January 15, 2015 4 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT HSO as warranted by changes in the field conditions. All on -site workers (Contractor's, Department's, Utilities', and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on -site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer. The Contractor shall provide, as required, eye wash equipment and stations, emergency showers, hand and face washing facilities and first aid equipment. The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed in the work. The exact procedure for decontamination and frequency shall be included in the accepted HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29 CFR and 40 CFR). (d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during the construction of the project: 1. General construction precautions: A. All monitoring and piezometer wells and test borings shall be established or abandoned by the Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification, and abandonment documents shall be submitted to the Engineer prior to payment approval. B. Hazardous substance related activities shall have a work plan for each work phase which shall be coordinated with the Engineer at least three working days prior to commencement of each phase of the work. C. The Contractor shall properly handle all investigation derived waste generated by this project. Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage and Disposal (TSD) determination; classification of waste; hauling records; TSD acceptance; manifest (if required); etc. in accordance with applicable laws and regulations. D. When the work may involve air emissions, the Contractor shall contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air pollution emission notice (APEN) or permit is required for this operation. The Contractor shall be responsible for filing the APEN and obtaining said permit, if required. The processing of air pollution permits, if required, in non -attainment areas or where public hearings are required, likely will take more than 90 days. 2. For construction on a known or potentially contaminated site, the following conditions shall apply, in addition to those listed in subsection 250.03(d)1: A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work. When on site, the HSO shall have an operational portable or mobile cellular telephone available for immediate use in areas where such service is available. When on site in cellular telephone non - service areas, the HSO shall have available, for immediate use, radio access to a site with telephone service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage tank removal, drilling, excavation, trenching, or dewatering operations. B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector, photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment shall be on site during all construction operations and be utilized during trenching, drilling, excavating, confined space entry, underground storage tank removal, and other appropriate construction operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP. January 15, 2015 5 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as recommended by the manufacturer. C. When drilling, trenching, or excavating in the presence of detectable concentrations of explosive gases, the soil shall be wetted and the operating equipment shall be provided with spark proof exhausts. D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with during the construction of the project. E. Affected excavation operations shall be discontinued and personnel shall be removed from the affected excavation sites where any of the following levels are detected: (1) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space, (2) Permissible Exposure Limit (PEL) of any toxic gas, (3) 19.5 percent or less oxygen, (4) 25.0 percent or more oxygen, (5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity), (6) Greater than 15 pCi/L (Gross alpha particle activity), or (7) Other action levels as determined by the HSO. (8) Uncovering of suspect Asbestos Containing Material (ACM), including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas when approved by the Engineer. F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the HSO, who shall provide the Engineer with a written explanation of what personal protective equipment (PPE) shall be worn, when, and by which personnel. Except in emergency cases, the Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation. G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is monitored and declared safe. H. The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required in the HASP. I. Exhaust blowers shall be present at the location where required in the accepted HASP. J. The Contractor shall accomplish the work with employees who have been trained and equipped as required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926. K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29 CFR 1926 and 49 CFR. L. Smoking shall not be permitted within 50 feet of any excavation. 3. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in addition to those listed in subsection 250.03(d) 1. shall apply: A. The areas under construction shall be checked with a combustible gas indicator before excavation begins to determine if flammable or combustible gas is in the area. B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific January 15, 2015 6 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT conditions that will require re-evaluation of the area. C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection 250.03(d)2 shall apply. 4. The following procedures shall be followed if the level of contamination as documented in the environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if previously unidentified contaminated air, soil or water, is encountered during the construction of the project: A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer shall be immediately notified. B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed, in accordance with subsection 250.03(a). C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field monitoring, on site testing, and on or off site laboratory analysis. Removal of storage tanks and surrounding contaminated soils shall be in accordance with applicable laws, regulations and established procedures. If the contaminated material cannot be placed in the embankment or remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD determinations. Disposal of the unsuitable material shall be considered as remediation work as described in subsection 250.03(d)4.D and 250.03(d)4.E. D. If this site is determined to be contaminated with petroleum products, hazardous substances or other solid waste in excess of that indicated in the above listed site investigation documents, a thorough Site Investigation and Waste Management Plan shall be accomplished under the supervision of the HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for approval and shall determine the extent of contamination and propose at least three types of remedial action for the contaminated area as required by applicable statutes and regulations. The HSO shall be available to assist the Engineer in explaining this study to the regulatory agencies. When requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected remedial method, and shall submit this to the Engineer for approval. The time required for the Engineer's review of the Remediation Plan, including all necessary drawings, calculations, specifications, and other documentation will not exceed four weeks after a complete submittal is received. This work shall not be done unless authorized in writing by the Engineer. E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials, or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified individuals will supervise the Remediation Plan implementation as concurred to by the regulatory agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado Department of Transportation as the hazardous waste generator on the required paperwork for projects on State Highways and their associated frontage roads. If this project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If the waste disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the hazardous waste generator. Remediation work shall be done only when authorized by the Engineer in writing. 250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered with paint which may contain lead, chromium or other heavy metals, the requirements of this subsection shall apply in addition to the requirements of subsection 250.03. January 15, 2015 7 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with Lead in the Construction Industry, Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91-18), and the references contained therein. The following minimum precautions and procedures shall be followed unless modified in the approved HASP or its updates: (a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN] shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control Commission's regulations. The processing of air pollution permits in non -attainment areas, or where public hearings are required, likely will take more than 90 days. (b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing, and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept or reject this methods statement. (c) Abrasives utilized for blast cleaning shall be low -dusting and low waste. Unless approved otherwise, vacuum blasting or wheel blasting shall be used. (d) The HSO shall sample and test the waste material for lead, chromium, and other paint associated heavy metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA publication, Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials handling decision shall be documented by a report (five copies) submitted to the Engineer. This documentation shall include a description of sample collection methodology, testing performed, test results and comparison of test results with hazardous waste requirements. The waste material shall not be held at an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary storage time limits. (e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and collected from a painted item before it is removed from the site. The Contractor shall contain loose paint until it is removed and collected. Loose paint is defined as that which can be removed by manual scraping methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly labeled, tightly sealed container and placed in a secured location at the end of each working day. (f) All painted steel components which are not designated to be salvaged shall be recycled. Contractor possession of the steel for future use shall be considered a form of recycling. Prior to transport of the components off -site, the Contractor shall obtain a letter from the recipients of the painted steel components stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If the Contractor is to maintain future possession of the steel, the Contractor shall supply this letter. If there will January 15, 2015 8 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT be more than one recipient of the painted material, one letter shall be obtained from each recipient. The Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be recycled by melting, the letter from the recipient is not required. The Contractor shall submit a letter stating the destination of the painted steel components and that they will be melted. (g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has been assumed to contain lead, chromium, other heavy metals, or a combination thereof the Contractor shall capture paint debris which is dislodged during removal operations. The Contractor may choose any method for dismantling the bridge, subject to the following required construction sequence limitations: (1) The concrete deck shall be removed prior to removal of the steel superstructure. (2) If the methods statement indicates that girders will be dropped to the ground during dismantling, all debris from the concrete deck removal operation shall be removed from the area below the bridge before any girders are dropped into this area. (3) Girders may be cut and dropped only if the span is located entirely over land. 250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be excavated for construction of the project which are suspected or known to be contaminated. This work also includes stockpiling or containerization, analytical sampling and testing, and final disposition of contaminated groundwater and soils requiring special handling. The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential contamination, as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation. This shall include any sampling, analysis, and disposal required, and the costs thereof. The Contractor shall be listed as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or as directed. Specific areas of known or potential contamination have been identified in the project plans. There is the potential of encountering contaminated groundwater and soil, which has not been summarized in the plans or specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled by one of three methods as follows: (a) Materials Handling jStockpile& Containerization). When recommended by the HSO and authorized by the Engineer, material shall be stockpiled or containerized for analysis and characterization for proper handling and, disposal, or both. Sampling and testing of materials shall be as described in the Contract. If analysis indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the associated soils will not require any special handling and will become the property of the Contractor and may be used on site, subject to other requirements of the Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall be handled in accordance with subsection 107.25. Stockpiled and containerized materials shall be secured in compliance with the following provisions until they are determined to be uncontaminated: 1. The Contractor shall not store the material for more than 90 days. 2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment area. January 15, 2015 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT 3. Soils and groundwater containing different contaminants shall be placed in separate containers or stockpiles. 4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and stockpiles. 5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting which will withstand the placement and removal of stockpiled materials without breaching. 6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench around them shall be covered by plastic sheeting. 7. Proper security shall be provided in accordance with 40 CFR. (b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall haul this material to a solid waste disposal facility. (c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or disposal options of contaminated groundwater as required by applicable statutes and regulations. One of the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities begin. (d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal facility approved by the Engineer. (e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated, contaminated or hazardous shall be stored and disposed of in a manner consistent with current established federal, state, and local regulations for waste materials. Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify potential contaminant sources that may result in a contaminated waste stream. Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste, requiring disposal according to federal, state, and local regulations, shall be transported in accordance with 49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall be treated as required by Colorado Wastewater Discharge Permit System (CDPS) permits, 29 CFR and 40 CFR and reimbursed separately in accordance with Contract requirements. 250.06 Sample delivery. This work consists of the collection, containerization and delivery of material samples for analysis to the testing facility designated in the Contract. Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection, containerization and transport of samples to be analyzed, including the documentation of the proper chain of custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours, January 15, 2015 10 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT excluding weekends. The time period required for sample collection and delivery to the testing facility will not be considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the Engineer. The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody requirements have been followed for all samples. Quality control samples shall be provided by the Contractor in accordance with the quality control requirements of the testing facility designated in the Contract (quality control requirements are available from the Engineer). The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the delivery of other samples authorized for analysis by the Engineer, at no additional cost. The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional cost by the Contractor. 250.07 Asbestos -Containing Material Management. Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with ACM during excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or remediated, in accordance with subsection 250.07(a). All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE), Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall manage the management and disposal of asbestos contaminated soil and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The Contactor shall furnish a copy of the license to the Engineer. (a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5, which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act (AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed by AHERA; Demolition and notification standards are governed by National Emission Standards for Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition, permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado Regulation 8, shall be addressed and approved protocol negotiated with CDPHE. The Contractor shall conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the Department. (b) Asbestos Management and Visual Inspections Asbestos management must be performed by a certified asbestos professional. Final Inspections of the area of asbestos contaminated soil removal shall be performed by an Asbestos Consultant to determine what, if any, controls must be instituted to allow future activity in the excavation area. All final visual inspections shall be conducted only when soil is dry. (c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known, suspected, or discovered. A 24-hour notification to CDPHE is required prior to any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on the soil or asbestos -contaminated soil. Removal of asbestos -containing material on a facility component, that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels must be permitted and abated in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B): January 15, 2015 11 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (1) 260 linear feet on pipes, (2) 160 square feet on other surfaces, or (3) The volume of a 55-gallon drum. All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be responsible for all associated fees. Permit application, notification, and waiver request forms shall be submitted to: Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3100 Fax: (303) 782-0278 Application and waiver forms are available on the CDPHE website: asbestos@state.co.us (d) CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos -Contaminated Soil Guidance Document and CDOT's approved Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011, including the following minimum requirements: (1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization. (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. (9) Submit 24-hour Notification of Unplanned Asbestos Discovery. (10) Submit 10-day Notification of Planned Asbestos Management. January 15, 2015 12 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (e) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan. 250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition. Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist. METHOD OF MEASUREMENT 250.09 Environmental Health and Safety Management will not be measured, but will be paid for on a lump sum basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to accomplish the following: (1) Preparation, submittal and briefing of the initial HASP (2) Preparation and submittal of the Waste Management Plan 1. Preparation and Submittal of the Dewatering Plan 2. Preparation and Submittal of the Remediation Plan (3) Procedures and equipment specified in subsections 250.03 - 250.07 (4) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction investigations (5) Preparation and submittal of the final site report The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and Safety Officer is actually used, as authorized, for the following work: (1) Field monitoring necessary to ensure the safety of workers on the site; (2) Hours in excess of the items listed under Environmental Health and Safety Management; (3) Hours that are necessary due to unforeseen site conditions; and (4) Hours of additional consultation or field work that is requested by the Engineer. Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for separately, but shall be included in the hourly cost of the HSO. The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT, preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly cost of the MT. Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end area or other requirements acceptable method. Disposal of solid waste and solid hazardous waste materials will be measured by the cubic yard in the disposal container. Materials Sampling and Delivery will be measured by the actual number of samples collected, containerized and transported to the testing facility indicated in the Contract. January 15, 2015 13 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Additional environmental health and safety management work required and authorized by the Engineer, but not included in the items listed above, will be considered extra work to be paid for in accordance with subsection 109.04, unless such work is caused by the Contractor's action. BASIS OF PAYMENT 250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and Safety Management work before the first partial payment is made. The schedule shall indicate the environmental related Health and Safety Management time for each work item that requires Contractor environmental related Health and Safety Management effort and the total time for the project. The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for payment by the Engineer and will be paid for at the contract unit bid price. The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved by the Engineer and will be paid at the Contract unit price. Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items shall include vehicles, phone charges, supplies, printing, postage, office support, and all other miscellaneous costs associated with the work. Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection 109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials, labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to disposal. This includes haul, stockpile, and security. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this material. Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This includes all handling of the material, loading for disposal, unloading for disposal, and borrow material required for replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment, backfill or material handling (stockpile & containerization) on the project. (1) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit price for this work. (2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force account in accordance with subsection 109.04. (3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account in accordance with subsection 109.04. The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other than the specified areas of known or potential contamination, as shown in the plans, will be paid for in accordance with subsection 109.04. Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample collected, containerized and transported to the laboratory testing facility as designated in the Contract. The Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals SECTION 00020 INVITATION TO BID January 15, 2015 14 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT necessary to complete this work including required sampling kits, containers, sample splits and quality control samples. The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or property. Expenditures associated with actions of the Contractor shall be bome by the Contractor at no cost to the project. Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be paid for by planned force account in accordance with subsection 109.04. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Pay Item Pay Unit Environmental Health and Safety Management Lump Sum Health and Safety Officer Hour Monitoring Technician Hour Materials Sampling and Delivery Each Materials Handling (Stockpile) Cubic Yard Solid Waste Disposal Cubic Yard April 26, 2012 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the first paragraph and replace with the following: 401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 °F, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 °F, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. In subsection 401,17, delete the third paragraph and replace with the following SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following: After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compaction process is implemented. July 19, 2012 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows Subsection 401.10 shall include the following The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. Subsection 401.22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work. Subsection 412.07 shall include the following The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted. Subsection 412.24 shall include the following: Pay Item Pay Unit Concrete Safety Edge Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item. May 5, 2011 REVISION OF SECTIONS 412,601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: Burlap Cloth made from Jute or Kenaf AASHTO M 182 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curing Concrete AASHTO M 171' *Only the performance requirements of AASHTO M171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. May 8, 2014 REVISION OF SECTION 601 QC TESTING REQUIREMENTS FOR STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the first paragraph of subsection 601.17 and subsection 601.17(a) and replace with the following: 601.17 Acceptance and Pay Factors. These provisions apply to all concrete. The Contractor shall sample 601 pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take possession of the QA samples at a mutually agreed upon location. The Contractor shall be responsible for Quality Control (QC) testing for 601 pay items. QC testing shall be performed at least once per day and then once per 50 cubic yards for concrete slump, unit weight and concrete temperature for each 601 pay item. (a) Air Content. The first three batches at the beginning of each day's production for each 601 pay item shall be tested by the Contractor's QC and CDOT's QA for air content. When the QC and QA air content measurements differ by more than 0.5 percent, both the QC and QA air meters shall be checked in accordance with ASTM C 231. When air content is below the specified limit, it may be adjusted in accordance with subsection 601.08. Successive batches shall be tested by the Contractor's QC and witnessed by the Engineer until three consecutive batches are within specified limits. After the first three batches, CDOT will follow the random minimum testing schedule. After the first three batches the Contractor shall perform QC testing at a frequency of one random sample per 50 cubic yards. Air content shall not be adjusted after a CDOT QA test. Subsection 601.19 shall include the following: The Contractor's QC testing will not be measured and paid separately, but shall be included in the work. February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601of the Standard Specifications are hereby revised for this project as follows In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph July 28, 2011 1 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL Section 601 of the Standard Specifications is hereby revised for this project as follows In subsection 601.09, delete (h) and replace with the following: (h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80fc. Forms for columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has reached a compressive strength of at least 500 psi. Forms and supports for cast -in -place concrete box culverts (CBCs) shall not be removed until the concrete compressive strength exceeds 0.6 fc' for CBCs with spans up to and including 12 feet, and 0.67 fc' for CBCs with spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be removed until after all concrete has been placed in all spans and has attained a compressive strength of at least 0.80f c. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the structure's strength and the location where information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the forms can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove forms. When field operations are controlled by information cylinder tests or maturity meter, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to have the required compressive strength. Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete has hardened. All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or hollow piers when no permanent access is available into the cells. When permanent access is provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned. SECTION 00020 INVITATION TO BID Date: August 27, 2015 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on September 25, 2015, for the Mulberry Bridge at New Mercer Ditch Bridge Replacement; BID NO. 8165. If delivered, they are to be delivered to 215 North Mason Street, 2"d 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 8165. The Work includes removal of a portion of existing bridge, construction of new bridge, excavation, hot mix asphalt, concrete flat work and traffic control. The project also included installation of urban design features, sidewalk and water main. This is a Federally funded project and the UDBE goal is 7.5%. If apparent low bidder does not meet the project UDBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Engineering Department by 4PM on the next business day after bid opening. The City of Fort Collins requires vendors to complete and submit certifications for Buy America and Lobbying and Form 606: Anti -Collusion Affidavit, Form 1413: Bidders List, and Form 1414: Anticipated DBE Participation Plan with their bid. Failure to submit any of these forms will result in the bidder being considered non -responsive. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 PM, on September 8, 2015, in Conference Room 2A located at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Any other questions must be submitted in writing via email to Jin Wang (jwang@fcgov.com), with a copy to Elliot Dale (edale@fcgov.com), no later than 5:00 PM our clock on September 17, 2015. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at: 6 Rocky Mountain E-Purchasing System: www.rockVmountainbidsystem.com July 28, 2011 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL In subsection 601.11, delete (e) and replace with the following (e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80fc. Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has attained a compressive strength of at least 0.80fc. Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of at least 0.80fc. Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to take its load slowly and evenly. Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has attained a compressive strength of at least 0.80fc. Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete has attained a compressive strength of at least 0.80f'c. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80fc. Falsework for cast -in -place prestressed portions of structures shall not be released until after the pre -stressing steel has been tensioned. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the structure's strength and the location that information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The Contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the falsework can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove falsework July 29, 2011 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Stump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air Strength Deviations Below Below From Pay Specified Pay Specified Specified Factor Strength (psi) Factor Strength (psi) Air (Percent) < 4500 psi (Percent) >_ 4500 psi (Percent) Concretel Concrete 0.0-0.2 98 1-100 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0.7-0.8 84 301-400 84 301-400 0.9-1.0 75 401-500 75 401-500 Over 1.0 Reject Over 500 Reject 65 501-600 42 701-800 15 901-1000 January 31, 2013 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT 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 CDOT's Standards and Specifications Unit. 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 on projects having pavement marking paint. January 31, 2013 1 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 627.04, delete the first paragraph and replace with the following: 627.04 Pavement Marking with Waterborne, Low Volatile Organic Compound (VOC) Solvent Base, and High Build Acrylic Waterborne Paint (High Build). Striping shall be applied when the air and pavement temperatures are no less than 45 °F for waterborne and high -build paint, and no less than 40 °F for low VOC solvent base paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and clean. Surface cleaning shall be required when there is deicing material on the road. Weather conditions shall be conducive to satisfactory results. In subsection 627.04 delete the table and replace it with the following Description Paint Waterborne Low VOC High Build I Alignment Lateral Deviation 2.0 inch per 200 foot Max Rate S . Ft. per Gallon 90-100 90-100 67-73 -Coverage Thickness Mil 16-18 16-18 22-24 Width Inches Per Plans +/- 0.25 Time Minutes 5-10 5-10 5-10 -Dry Beads Application Rate, Ibs/ al 7-8 9-10 Subsection 627.13 shall include the following: Pay Item Pay Unit Pavement Marking Paint (High Build) Gallon Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. Except for pavement marking paint, pavement marking materials shall be selected from the Department's Approved Products List (APL). Prior to start of work, a Certified Test Report (CTR) for all pavement marking materials shall be submitted in accordance with subsection 106.13. For white paint, the color after drying shall be a flat -white, free from tint, and shall provide the maximum amount of opacity and visibility under both daylight and artificial light. For yellow paint, the Federal Standard 595B shall be used to designate colors and the ASTM E308 shall be used to quantitatively define colors. After drying, the yellow paint shall visually match Federal Standard 595B color chip number 33538, and shall be within 6 percent of central color, PR-1 Chart, where x = 0.5007 and y = 0.4555 (The four pairs of chromaticity coordinates determine the acceptable color in terms of the CIE 1931 Standard Colorimetric System measured with Standard Illuminant D65. ) (a) Low VOC Solvent Base Paint. Low VOC Paint shall be ready mixed, and shall be capable of being applied to Asphalt or Portland Cement Concrete Pavements. (b) Acrylic Waterborne Paint. Acrylic waterborne paint shall be a lead-free, 100 percent Acrylic resin polymer waterborne product. The finished product shall maintain its consistency during application at temperatures compatible with conventional equipment. January 31, 2013 2 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. Waterborne and High Build Acrylic Waterborne paint shall meet the following requirements: Performance Requirements: The paint shall be water resistant and shall show no softening or blistering. Table 708-1 WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT Property White Yellow Test Method Nonvolatile portion of vehicle white and yellow), % 43.0 43.0 ASTM D 2205 Pigment Composition Percent by weight♦ 60.0 60.0 ASTM D 4451 ASTM D 3723 Paint Titanium Dioxide Content, lb/gal 1.0 0.2 ASTM D 5381 Properties of the Finished Paint Total Non-volatiles, (solids) % by weight 77.0 7.0 FTMS 141C - Method 4053.1, ASTM D 2369, or ASTM D 4758 Density, Ibs/ al ■ 14.0-14.6 14.0-14.6 ASTM D 2205 Consistency (Viscosity) White and Yellow, Krebs- Stormer Units 85-95 85-95 ASTM D 562 Freeze Thaw Stability Shall complete 5 or more test cycles successful) ASTM D 2243 Fineness of Grind, Cleanliness Rating B, minimum 3 3 ASTM D 1210 Scrub Resistance 800 800 ASTM D2486 Directional Reflectance: 5 mil Wet Film 90 50 ASTM E 1347 Dry Opacity Contrast Ratio): 5 mil Wet Film 0.95 0.95 ASTM D 2805 ♦Percent by weight shall include percent of organic yellow pigment ODensity shall not vary more than 0.3 Ibs. /gal between batches. May 8, 2014 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type VI Sheeting Type IV (Roll -up sign material) Type Fluorescent' Application Work Zone Work Zone Work Zone All Orange Construction X Signs Orange Construction Signs that are used only during X X daytime hours for short term or mobile operations Barricades (Temporary) X X Vertical Panels X X Flaggers Stop/Slow Paddle X X Drum sz X X Non -orange Fixed Support X signs with prefix "W" Special Warning Signs X STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) X DO NOT ENTER sign (R5-1) EXIT sign (E5-1a) DETOUR sign (M4-9) or X (M4-10) All other fixed support signs3 X X All other signs used only X X during working hours All other signs that are used only during daytime hours X X5 X for short term or mobile operations 1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 4 RS 24 only. 5 White only. July 28, 2011 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. February 3, 2011 I AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) The Bidder's attention is called to the "Equal Opportunity Clause' and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1 % Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) FOR FEMALE UTILIZ GOALS TIMETABLES ATION AND Until Further Notice............................................................ ........... ............................................... 6.9% -- Statewide February 3, 2011 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. 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 February 3, 2011 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number' means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 1. Overview December 26, 2013 The Disadvantaged Business Enterprise (DBE) Program is a federally -mandated program that seeks to ensure non-discrimination in the award of U.S. Department of Transportation (DOT) -assisted contracts and to create a level playing field on which DBEs can compete fairly for DOT -assisted contracts. To such end, CDOT sets a contract goal for DBE participation for each DOT -assisted Contract. In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to meet the goal or has otherwise made good faith efforts to do so. CDOT will amend the goal prior to award if the lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the goal could not be obtained. CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor's DBE commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. CDOT may withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of this special provision. Upon completion of the Contract, CDOT may reduce the final payment to the Contractor if the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal. For general assistance regarding the DBE program and compliance, contact CDOT's Civil Rights and Business Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer. All forms referenced herein can be found on the CDOT website in the forms library: http://www.coloradodot.info/library/formstcdot-forms-by-number • 2. Contract Assurance By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it verbatim in all (including non -DBE) subcontracts: The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as CDOT deems appropriate. 3. Definitions Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and Bridge Construction. A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area, designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT. B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing and supervising the work as further described in Section 8 below. C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation. The contract • goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise Contract Goal. December 26, 2013 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS (1) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE participation. For determining whether the contract goal was met prior to award, the contract goal shall be based upon the proposal amount excluding force account items. For determining whether the contract goal was met during and upon completion of the project, the contract goal shall be based upon the total earnings amount. (2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but made good faith efforts to do so, the contract goal will be amended and the revised contract goal will be provided on Form 1417, Approved DBE Participation Plan. D. Disadvantaged Business Enterprise (DBE). A Colorado -certified Disadvantaged Business Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.orq. E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT's policies and procedures for administering the DBE program. A copy of the DBE Program Manual is available on the CRBRC webpage. F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in Section 4 below. G. Good Faith Efforts. All necessary and reasonable steps to achieve the contract goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A. H. Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE firm and a material supplier or other third party for materials or services to be incorporated into the work. I. Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction constitutes a partial termination. J. Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of the Contract. For purposes of this special provision, the term subcontractor includes suppliers. K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the contract as a result of a reduction or termination. L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a commitment. W Total Earnings Amount: Amount of the Contract earned by the Contractor, including approved changes and approved force account work performed, but not including any deductions for liquidated damages, price reduced material, work time violations, overweight loads or liens. The amount of the Contract earned does not include plan force account items (i.e. OJT, pavement incentives, etc). N. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm's profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on whether a work code covers the work to be performed. SECTION 00100 INSTRUCTIONS TO BIDDERS December 26, 2013 3 •DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS 4. Eligible Participation The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation on the Contract: A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed to be included in the work area and work code identified by the Contractor in the approved commitment. (1) If the Contractor intends to use a DBE for work that was not listed in the commitment, the Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the modification. Unapproved work will not count toward the contract goal. (2) A DBE commitment cannot be modified to include work for which the DBE was not certified at the time of the approval of the original commitment. B DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon submission of the commitment and upon execution of the DBEs subcontract. (1) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit, CDOT determines that the DBE is no longer certified in the work code which covers the work to be performed, the Contractor may not use the DBE's participation toward the contract goal. The Contractor shall terminate the DBE commitment and seek substitute DBE participation in accordance with Section 9 below. (2) A DBE's work will continue to count as eligible participation if the DBE was certified upon • approval of Form 205 or 205B, Sublet Permit and the certification status changes during the performance of the work. (3) Suppliers must be certified upon execution of the purchase order. C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with its own forces. (1) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE for its work on the Contract, including any equipment leased by the DBE, provided that such supplies or equipment are not purchased or leased from the Contractor or a subcontractor that is subletting to the DBE. (2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by such DBE shall count toward the contract goal. D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by non -DBE subcontractors, including non -DBE trucking firms and owner -operators, shall be deducted from the DBE's participation. E. DBE Received Payment for the Work. Eligible participation only includes work for which the DBE has received payment, including the release of its retainage. F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE may be classified as a manufacturer, dealer or broker. The DBE's status as a manufacturer, dealer or broker is determined on a contract -by -contract basis and is based upon the actual work performed. • (1) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the commitment will count as eligible participation. December 26, 2013 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS (2) When a DBE is deemed to be acting as a regular dealer (i.e. non -manufacturer supplier), only sixty percent of the commitment will count as eligible participation. (3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will count as eligible participation. G. Reasonable Fee for Contract -Specific Services. Services shall count toward the contract goal only if they are specifically required for the performance of the Contract. Non -contract specific expenses may not be counted toward the contract goal. Fees for services must be reasonable. Services include but are not limited to professional services, public involvement, etc. In the case of temporary employment placement agencies, only the placement fee for an individual to be specifically and exclusively used for work on the contract shall count as eligible participation. K Pre -Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE must apply to CDOT to determine how much of the work performed by the joint venture will count toward the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days before the submission of the Proposal to ensure sufficient time for review. 5. Proposal Requirements In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via email to cdot hq dbeforms(o)state co.us by the proposal submission deadline. In order to avoid an error within the electronic bidding system, electronic bidders shall also enter the total percentage of anticipated eligible DBE participation into the Form 714 and electronically sign the form. A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non -DBE subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form 1413 will result in rejection of the proposal. B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall submit Form 1414 to document anticipated DBE participation. (1) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed Form 1414 shall result in rejection of the proposal. (2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible participation for each commitment. Once Form 1414 is submitted, a commitment may only be terminated or reduced in accordance with Section 9 below. The bidder is responsible for ensuring that commitments, and the estimated eligible participation resulting therefrom, have been properly calculated prior to submitting its proposal. (3) If the bidder is a DBE, the bidder must include itself in Form 1414 and list the work area(s) and amount that it intends to self -perform and count as eligible participation on the contract. (4) Commitments may be made to second tier or lower DBE subcontractors, however, the Contractor is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415, Commitment Confirmation. 6. Additional Forms Due Prior to Award. If the contract goal is greater than zero, or if the bidder has voluntarily made commitments, the Bidder shall submit the following forms within five calendar days of selection as the lowest apparent bidder: December 26, 2013 5 •DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS A. Form 1415. Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Form 1414. The bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT. The bidder shall contact CDOT if any issues arise which may require the bidder to alter or terminate a commitment. B. Form 1416. Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet the contract goal, the lowest apparent bidder shall also submit Form 1416, Good Faith Effort Report and any supporting documentation that the bidder would like considered by CDOT as evidence of good faith efforts. 7. Commitment and Good Faith Effort Review A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the commitment is valid and has been properly calculated. CDOT may investigate or request additional information in order to confirm the accuracy of a commitment. If CDOT determines that the total estimated eligible participation of the commitments does not meet the contract goal, within two business days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder shall submit Form 1416 to CDOT. B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s does not meet the contract goal, CDOT will review Form 1416 and all supporting documentation submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to obtain DBE participation. CDOT will use 49 CFR Part 26, Appendix A as a guide for determining • whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified and the bidder cannot establish a reasonable basis for its determination. CDOT may consider and approve commitments made after submission of the bid if the Bidder demonstrates that (1) good faith efforts were made prior to submission of the bid and (2) there is a reasonable justification for not obtaining the commitments prior to submission of the bid. C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith efforts to meet the contract goal, it will provide the bidder with written notice of its determination and an opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal Process, which is an Appendix I to the DBE Program Manual. A copy of the Good Faith Effort Appeal Process will be included in the written notice from CDOT. D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan, documenting the approved commitments. If CDOT determines that the bidder did not meet the contract goal but made good faith efforts to do so, via the Form 1417 CDOT will amend the contract goal in accordance with the commitments that were obtained and attach an explanation of its determination. 8. Ongoing Oversight of DBE Participation A. Consistency Review. CDOT will review Form 205 or 205B, Sublet Permit Application to determine whether the work being sublet is consistent with the DBE commitments. CDOT may withhold approval of the sublet or stop performance of the work if the Contractor has reduced, terminated, or otherwise modified the type or amount of work to be performed by a DBE without seeking prior approval. B. Form 1419, DBE Participation Report. The Contractor shall submit Form 1419, DBE Participation Report to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion of the Contract. CDOT may withhold progress payments if the quarterly Form 1419 is not received on time. CDOT will not provide final payment on the Contract in accordance with subsection 109.09 of December 26, 2013 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS CDOT's Standard Specifications for Road and Bridge Construction until the final Form 1419 has been reviewed and approved. C. Joint Checks. All joint checks must be approved by CDOT before they are used in payment to a DBE. Joint checks used in payments to DBEs will be monitored closely to ensure (1) the DBE is performing a CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the reason for the joint checks and the approximate number of checks that will be needed. D. Commercially Useful Function. CDOT will monitor performance during the Contract to ensure each DBE is performing a CUF. If CDOT determines that a DBE is not performing a CUF, no work performed by such DBE shall count as eligible participation. The DBE, Contractor, and any other involved third parties may also be subject to additional enforcement actions. (1) When determining whether a DBE is performing a CUF, CDOT will consider the amount of work subcontracted, industry practices, the amount the firm is to be paid compared to the work performed and eligible participation claimed, and any other relevant factors. (2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE must be responsible for negotiating price, determining quality and quantity, ordering the material, installing the material, if applicable, and paying for the material itself. (3) With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and operate at least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE trucking firm must be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. (4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of DBE participation. CDOT will evaluate similar transactions involving non -DBEs in order to determine whether a DBE is an extra participant. (5) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved, CDOT will presume that the DBE is not performing a CUF. The DBE may present evidence to rebut this presumption. (6) If the Contractor disagrees with CDOT's determination regarding CUF, in accordance with 49 CFR 26.55 the Contractor may seek review of the determination by the applicable USDOT operating administration, however, CUF determination is not subject to administrative appeal. 9. DBE Participation Plan Modifications A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all requests for termination, reduction, substitution, and waivers to CDOT. One Form 1420 may include multiple requests and must be submitted at the time of the occurrence or, if that is not possible, within a reasonable time of the occurrence requiring termination, reduction, substitution or waiver. B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without CDOT's approval. Terminations and reductions include, but are not limited to, instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those of an affiliate, a non -DBE firm or with another DBE firm. In order to receive approval, the Contractor shall: December 26, 2013 7 •DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS (1) Have good cause for termination or reduction. Good cause may include: (i) the DBE fails or refuses to execute a written contract; (ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry standards, provided that such failure is not the result of bad faith or discriminatory actions of the Contractor or one of its subcontractors; (iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements; (iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) the DBE is ineligible to work because of suspension or debarment proceedings or other state law; (vi) the DBE is not a responsible contractor; (vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT, (viii) the DBE is ineligible to receive DBE credit for the work required; (ix) the DBE owner dies or becomes disabled and is unable to complete the work; (x) the DBE ceases business operations or otherwise dissolves; • (xi) or other documented good cause that compels termination. Good cause does not exist if the Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor can self -perform the work for which the DBE was engaged or so that the Contractor can substitute another DBE or non -DBE contractor after contract award. (2) Provide the DBE notice of the Contractor's intent to terminate or reduce the commitment and the reason for such termination or reduction, with a copy to CDOT; (3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and inform CDOT and the Contractor of the reasons, if any, why it objects to the proposed termination or reduction and any reasons that it shall not be approved. The Contractor is not required to provide the five calendar days written notice in cases where the DBE in question has provided written notice that it is withdrawing from the subcontract or purchase order. The notice period may be reduced by CDOT if required by public necessity. (4) Following the notice period, if the Contractor decides to proceed, submit Form 1420 requesting approval of the termination or reduction. (5) When a commitment is terminated or reduced (including when a DBE withdraws), make good faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the participation that was terminated or reduced up to the contract goal. C. Contract Changes. In the event of a contract change: (1) If CDOT eliminates or reduces work committed to a DBE, such change shall be considered good • cause for termination or reduction in accordance with Section 9.13 above. The Contractor shall follow the processes outlined in Section 9. B but is not required to substitute. If the change December 26, 2013 8 DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS reduces the Contractor's DBE participation to below the contract goal, the Contractor shall indicate so on a Form 1420 and request a waiver of the unmet participation. (2) If CDOT issues a change which increases or adds new work items, the Contractor shall ensure that it has obtained sufficient DBE participation to meet the Contract Goal, or has made good faith efforts to do so. D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved termination or reduction or a change to the Contract, the Contractor shall: (1) Increase the participation of a DBE for any work items previously identified in an approved commitment without seeking CDOT approval; provided, however, that at its discretion. CDOT may request a Form 1420 documenting such additional participation; or (2) If the Contractor needs to add new work to a commitment or obtain additional participation from a DBE that is not already participating on the contract pursuant to an approved commitment, submit a Form 1420 and Form 1415 requesting approval of the additional participation; or (3) If the Contractor determines that additional DBE participation cannot be obtained, submit a Form 1420 requesting waiver of the participation. The Contractor shall include its justification for not obtaining additional participation and, at its discretion, CDOT may require additional information regarding the efforts of the Contractor. 10. Payment Reduction The Contractor's retainage will not be released until CDOT has determined whether the Contractor will be subject to a payment reduction. Payment reductions will be calculated as follows: A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will be subject to a payment reduction for any termination or reduction which was not approved via a Form 1420. B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal, the Contractor will be subject to a payment reduction for the portion of the contract goal that was not met and was not waived via an approved Form 1420. C. Duplication. The contractor will not be subject to duplicate reduction for the same offense. D. Adjustments. CDOT may adjust the payment reduction wherein the Contractor demonstrates that its failure to obtain DBE participation was due to circumstances outside of its control. 11. Other Enforcement A. Investigations. As it determines necessary, CDOT may conduct reviews or investigations of participants. All participants, including, but not limited to, DBE firms and applicants for DBE certification, complainants, December 26, 2013 9 •DISADVANTAGED BUSINESS ENTERPRISE (DBE) DEFINITIONS AND REQUIREMENTS and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with compliance reviews, certification reviews, investigations, and other requests for information. B. Intimidation and retaliation. Participants shall not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the DBE program. C. Consequences of Non -Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future contracts and/or suspension and debarment). Fraud and Misrepresentation. If CDOT determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by CDOT to be unallowable, or if the Contractor,engages in repeated violations, falsification or misrepresentation, CDOT may: (1) refuse to count any fraudulent or misrepresented DBE participation; (2) withhold progress payments to the Contractor commensurate with the violation; (3) suspend or reduce the Contractor's prequalification status; (4) refer the matter to the Office of Inspector General of the US Department of Transportation for investigation, or (5) seek any other available contractual remedy. • 0 -I- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION_ GRNF.RAT. DECTSTON NTTMMER - COl 50024 Decision Nos. C0150024 dated January 02, 2015 supersedes Decision Nos. C0140024 dated January 03, 2014. Modifications ID MOD Number Date Paee Number(s) When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0150024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO150024 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 9.15 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Latimer 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 -2- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0150024 General Decision No. C0150024 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 12.89 339 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Ftagger) 9.55 3.05 0 -3- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - COI50024 General Decision No. C0150024 The wage and fringe benefits listed below do not reflect collective) bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 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 Mesa 23.38 6.58 L11760 761 Weld 23.23 6.89 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, -4- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0150024 General Decision No. CO150024 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 • LJ -5- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0150024 General Decision No. C0150024 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 1753 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 2133 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 -6- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER- CO150024 General Decision No. COI 50024 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. -7- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-09-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0150024 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Constriction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO150024 July 29, 2011 ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal- opportun ity/train in ¢.htm I 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eo(c)dot.state.co.us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. July 29, 2011 ON THE JOB TRAINING 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at htto://www.coloradodot. info/business/bidding/Biddinq%20Forms/Bid%20Winner%2OForms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; G. Type of work; and H. The need for additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: Minimum total training Contract dollar value hours to be provided on the project Up to 1 million 0 >1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 IJOEL 1920 >12 - 16 million 2240 > F 2560 For each increment of $5 million, over $20 1280 million July 29, 2011 ON THE JOB TRAINING 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the disincentives to be assessed. February 3, 2011 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel, and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. October 31. 2013 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section 1 (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General 11. 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 Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's October 31, 2013 FHWA-1273 -- Revised May 1, 2012 immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. IL 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 (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and speck 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. October 31. 2013 d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's workforce 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. October 31, 2013 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. B. 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. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, 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. October 31, 2013 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 t.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 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding October 31. 2013 The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol,gov/esa/whd/forms/wh347instr.htm REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the 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 October 31, 2013 the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to October 31. 2013 journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 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 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. October 31, 2013 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and 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). Vlll. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more October 31. 2013 places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts_ By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended, "ineligible, "participant." "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering October 31. 2013 into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eols.aov/1, 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 application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. October 31, 2013 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 (httos://www.epis.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100.000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of EXHIBIT 2 - ATTACHMENTS ATTACHMENT 1 - 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 Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 3 of 5 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award. OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuafion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS use of mineral resource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6. The contractor shall include the provisions of Sections 1 This provision is applicable to all Federal -aid projects funded through 4 of this Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965. which is, or reasonably may be, done as on -site work. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8185 Mulberry Bridge at Now Mercer Ditch Bridge Replacement Place8084 Sherman St Date September 25, 2015 In compliance with your Invitation to Bid dated August 27, 2015 and subject to all conditions thereof, the undersigned Lobos Strictures a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal Is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of :he Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, ali of which have been examined by the undersigned. 3. Acco pLarrying thiug Bid is a certified or ca7hier's check or standard Bid bond in the sum Of 6 :7 .+•••c a Sc d Atau gwntir. r/ �t..w"dLj q„4/ ($ 71 ) in accordance with the Im itabon 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 follo'.vs: Moody Insurance 8055 E Tufts Ave, Denver, CO 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. ii. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No: 1 through 3 Mulberry Bridge at New Mercer Ditch Bridge Replacement BID SCHEDULE ADDENDUM 1 ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST - 201 -000D0 Clearing and Grubbing LS 1 $ 3,200.00 $3,200.00 202 -00010 Removal of Tree EA 7 $ 4,760.00 $680 oo 202 -00019 Removal of Inlet EA 2 $ 1,700.00 $650 oD 202 -00200 Removal of Sidewalk SY 126 $ 1,512.00 $72 00 202 -00203 Removal of Curb 8 Gutter LF 244 $ 1,464.00 $6.00 202 -00210 Removal of Concrete Pavement BY 227 $ 4,086.00 $19 00 202 -00220 Removal of Asphalt Mat BY 646 $ 4,522.00 $7 00 202 -00400 Removal of Bridge EA 1 $ 48,530.00 $48,530.00 202 -00450 Removal of Bridge (Pedestrian) LS 1 $ 13.900.00 $13,900.00 202 -00495 Removal of Portions of Present Structure LS 1 $ 5,000.00 $6 000 00 202 -01000 Removal of Fence LF 33 $ 0.33 $D 01 203 -00100 Muck Excavation CY 131 $ 5,502.00 $4200 206-00000 Structure Excavation CY 553 $ 12,166.00 $2200 206 -00065 Structure Backfill (Flowfill) CY 26 $ 3,120.00 $120 00 206 -00100 Structure Backfill (Class 1) CY 297 $ 19,008.00 $6400 206 -01001 Bed Course (Special) CY 147 $ 11,172.00 $7600 206 -01781 Shoring LS 1 $ 47.850.00 $4785000 208 -00000 Erosion Control Supervisor LS 1 $ 1,250.00 $1 250 00 208 -00005 Erosion Log (12 Inch) LF 107 $ 588.50 $5 50 208 -00022 Orange Safety Fence LF 153 $ 459.00 $300 208 -00035 Aggregate Bag LF 24 $ 240.00 $10.00 208 -00045 Concrete Washout Structure EA 1 $ 700.00 $700 00 212 -00100 Tree Retention and Protection LS 1 $ 550.00 $55000 304 -06000 Aggregate Base Course (Class 6) TON 313 $ 9.077.00 $2900 403 -33821 Hot Bituminous Pavement (Grading S) (100) (PG 64-22) TON 302 $ 54,360.00 $180.00 403 -34851 Hot Bituminous Pavement (Grading SX) (100) (PG 64-28) TON 90 $ 31,500-00 $350 00 406 -00700 Temporary Pavement BY 632 $ 25,280.00 $4000 420 -MO7 Geotextile Paving Fabric (Crack Reduction) (Class 3) BY 105 $ 4,620.00 $4400 506 -00000 Riprap (12 Inch) TON 19 $ 1,710.00 $90 00 506 -00206 Riprap (6 Inch) TON 17 $ 1,530.00 $90 DO 509-70000 Stainless Steel Angle (Special) LF 172 $ 7,912.00 $4600 514 -00200 Pedestrian Railing LF 10 $ 3,190.00 $319.00 ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 514 -D02D1 Pedestrian Railing(Special) LF 47 $1479.50 S 59,536.50 514 -002D2 Pedestrian Rai Attachment (Special) LF 1 $ 850.DD $MD00 514-00203 Painting of Pedestrian Rai' Attachment and Existing Rail (Spaeiel) LS 1 $ 2,1a0.DO $R'lee.OD 00 c56000 601 -03050 Concrete pass D (Wall) CY ae S 48,590.DO 601 -D5035 Concrete ClassS35 CY lot $ 108,960,00 601-21011 Precast Concrete Vertical Column EA 2 $ 1D,000.00 5500000 601 40006 Stone Veneer Type 1 SF 645 $ 51A00.00 $anon 601 40009 Stone Veneer Type 2 SF 102 4 10.200.00 $10000 E20000 601 4DO1D Stone Cap Type 1 LF 74 $ 14,000,00 601 4D300 StmcluralConcrete Coating SY 284 $ 4.466.00 $1700 602 -OD020 Reinforcing Steel (Epoxy Coated) LB 78800 S 98,30000 31 .,y 607 -01000 Fence YMh Metal Posts, Smooth (2 Strand) LF 33 S 330.00 $10 00 808 -OD006 Concrete Sidewalk (6 inch) (Special) SY 114 S 6,840.00 SW 00 ADD 608 -OD045 Concrete Drift Entrance (Special) SY 35 S 2,170.00 609 -OD000 Curb and Gutter, Type 2 (Sectlon IIB) LF 140 $ 4,620.00 W DO 613 -OD400 31n& Electrical Conduit LF 354 S 6,012,00 SITDO $19 -10160 16 Btch Welded Steel Pips LF 45 S 4,140.01) S92IM 819 -50640 81nch We* line LS 1 S 66,00c.00 $96000DO $1 30500 620 -00020 Sanitary Facility EA 1 S 1,305.00 B26 -00005 Mobilization LS 1 $ 65,00C.00 $e5,000.DD $2100 630 -00000 Flagging(Specigll HOUR t00 S 2,16C.00 630 -00007 TraflicCentrolInspecton(Waekends) DAYS 56 S 4,608.00 5W50 630 -00012 Traft Control Managemeit (Working Days) DAYS 144 5 56,304.00 S3s1 00 $1510100 S830 00 630 -70000 Construction Zone TraRc Control (Special) LS 1 S 15,101.00 630 .80359 Portable Message Sign Panel (Special) DAY 7 $ 2,310.00 630 -85DDO Impact Attenuator (Sand Filled) ITemporary) EA 1 S 1.00 $1.00 SUB TOTAL $ 884,714.33 FORCEACCOUNr 700-70010 FIAMinor Contract Revisions FA 1 $150,000 $ 150,DDO.00 700-70011 FlAPartne.ring FA 1 $5,D00 $ 5,00.00 700 -70380 F)A EEasion Control FA 1 $5,000 $ 5,0DO.00 TOTAL BASE BID S 1,144,71433 IN WORDS: One Million One Hundred Forty Four Thousand Seven Hundred Fourteen Dollars and Thirty Three Cents 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, Insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-flve percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Lobos StrUCLtres CONTRACTOR BY: ws v laiobos er Title i i " fixture License Number (If Applicable) (Seal - if spy corporatio 1 Attest: Address 8084 Sherman Street Denver, CO 80221 Telephone 303-669-3811 Email lobosstructu res Qamai I, com 9/25115 Date ATTACHMENT 2 - 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 Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 4 of 5 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Lobos Structures, LLC 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 of Amount Bid ($ 5% ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. *International Fidelity Insurance Company THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins. Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing 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 state d. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 25th day of September , 2D15, 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: Lobos Structures, LLC Address:8084 Sherman Street Denver, CO 80221 By:c�/-//�' Title:��"y� (SEAL) I SURETY Interr.ational Fidelity Insurance Company One Newark Circle Newark, NJ 07102 By° Title: Kaylee D ' son, Attorney -in -Fact (SEAL) MEMBER MOODY INSURANCE AGENCY, INC. ® S053 Enst Tufb Avenue, Suite 1000 DF.NV PR, COLORAD0 80237 PHONE: (303) 824•6600 Tel c 73, 624-I20,13 POWER OF ATTORNEY � INTERNATIONAL FIDELITY INSURANCE COMPANY xi ALLEGHENY CASUALTY COMPANY ONE NEVVARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 071D2-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State 'at New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing ung the taws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint KAYLEE DAWSON, EVAN E. MOODY, BRADLEY J. MOODY, KAREN A. FEGGESTAD, JUST[N TOMLIN Denver, CO. [heir true znd lawful attonn"( )•in -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wrid s obligatory In the nature thereof, which Bra or may be allowed, reolulred or permitted by law. statute Wile rreeggulation contract or otherwise and the execution of such inslrument(s 1n ppursuance of these presents, shall be as binding upon the said INtERRAT ONAL�IDEIUTY iNSURANCk COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attor is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLE ENY CASUALTY COMPANY and Is granted under and by authority of the followhgg resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du iYy field on the 201h day of July, 20 f0 and by the Board of by. of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporatim shall hava the Power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents With power and authority as delor limited in their respective powers of attorney, and to execute on behalf of the .Corporation and affix the Corporation's seal thereto; brands, undertakings, recognizalces, contracts of Indermlry and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the ap ointments of joint -control custcdlane, agents for acceptance of process, and Atorr eys In -fact with authority Jo executor waivers and consents an behat of the Corppoprration; and {3) the signature of any such Officer of the Corporation and the Corporation's seat may be affixed by facsimile to any power of attorney or oerilflcatlon given far the execution of any bond, undertaking recogNzance contract of Indemnity or other written ohtgatlon In the nature thereof or related thereto, such signature and seals when so used whether horetofore or hereafter, being hereby adoped by the Corporation as the origil al alrature of such officer and the original seal of the _ _ ..emu., --. L,�:�� ..--- l.� n...�....u.... u.Gl, k. n-w.n 4—. s, nFr nl �. tk ,rk rnsn, u r ta'.A IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY haveeach executed and attested these presents on this 22nd'day of Jury, 2014., STATE OF NEW JERSEY Courity cf Essex b •t�ROBERTer ntNSTER Chief Executive Officer (international Fidelity Ejy�Lypt'� Insurance Company) aid President (Atleg any Casualty Company) On this 22nd day of July 2014, before me cams the individual who executed the preceding instrument, tome personally known, and, being by ma duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY: that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signaturewere duly affixed by order of the Boards of Directors of said Companies. iN TESTIMONY- WHEREOF, I have hereunto set my hand allixed my OHiclat Seal, at the City of Newark. New Jersey the day and year first above written. pty f % ti.r� �y�Ya� a✓ NOTARY � :'% VV'C LIC A NOTARY PUBLIC OF NEW JERSEY q�OOP .°• rc.ao+',.•��g 10y Commission Expires April 1 B. 2019 NEW "'", l„0tlf"CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sectlons of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof• and of the whole of the said oryinals, and that the said Power of Attorney has not been revoked and is now In full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this C� day of }r `L t MARA BRANCO Assistant Secretary. 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: Lobos Structures 2. Permanent main office address: 8084 Sherman Street 3. When organized: 9/16/2010 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? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) n/a 7. General character of Work performed by your company: Bridges and Overpasses, Structural Concrete, Storm Drain, Waterline, Retaining & MSE Walls Concrete Flatwork, Concrete Paving 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the 12 approximate cost of each, and the month and year completed, location and type of construction. List your major equipment available for this contract. Attached 13. Experience in construction Work similar in importance to this project: 14 15. Attached Background and experience of the principal members of your organization, including officers: Luis Vllalobos 35+ years bridgelhighway construction Credit available: $ 100 000.00 16. Bank Reference: Chase Bank Jeff Schaefer 303-244-5461 17 M, 19 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? y,, Are you licensed as a General CONTRACTOR? No If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 09 And to whom? 1 AWiz Eo x,,krar-� 20. Are any lawsuits pending against you or your firm at this time? No G.f,«01_r e, IF yes, DETAIL 21. What are the limits of your public liability"? DETAIL $2,000,000.00 What Company? Cincinnati Insljrance 22. What are your company's bonding limitations? nnnAnn nn 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�� {h'mod^ rK�Zthis day of 4e 20)S. .LC�G7Qi �v�iaS N 7 of Bidder f I State County of deposes and says that he is a,,.tLgQ� of L�lon� �frucst✓rPi and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and swom to before me this _At4 day of Ls 2015 Not�llbllc EBELIA MADERA NOTARY PUBLIC EECOWA ATE Of COLORADO _ RY ID k 2012408B337 My commission expires ION EXPIRES OCTOBER 21. 7018 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. , //W ITEM SUBCONTRACTOR COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Lobos Structures Project: BRO M455-113 Contact: Luis Villalobos Project Cade: 19737 Phone: 303-669-3811 Date of Proposal 9t2512015 Email: Iobosstructures@gmail, com Contract Goal: 135 Preferred Contact Method Emad Region: 4 DBE Commitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Lobos Structures 601-03050, 601-05025 $155.550.00 5155,550,00 Total Eligible Participation $155,550.00 Total Bid Amountl $984,714.33 Total Eligible Participation Percentage 15.79% Bidder Signature his section must be signe y an Individual with the authority to bind the t3idder. Hy signing this form, as an au onz representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knovAedge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until It has been determined that the contract goal has been met or that you have othermise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly courted. For additional information and instructions on calculating eligible participation, see the c Enterprise Reapirempri Luis Villalobos Manager 9/25/2015 Name I Title n ure I Date This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01114 ::OLORADO DEPARTMEN- BIDDERS LIST Project Name and Number Mulberry Bridge Replacement at New Mercer Ditch BRO M455-113 Project Code Proposal Date Contractor Region 19737 9125/2015 Lobos Structures 4 Subconti-actorsfSuppliers!Vendors: The bidder must list all firms seeking to participate on the contract. This information is used by the [Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected. Firm Name I Emall mmit Engineering Dewayne CU_)summa-eng-group.Corr avez Construction david@chevezconstructioninc.com Glabe jthompsolglabe,corn ierican Fabricators amerfab@msn_com rtin Marietta Kelly.Steele@martinmarielta.com lavinci Sign st Security Welding J Pe to rs @ cd i-s e rv, ce s c a m sweddingfield@baerrenconcrete.com to ny@leg acytratfi c. n et bkrie Work Proposed DBE (Select all that apply) (YIN) 22 N 15 Y 22 N 7N 15 N 30 N 21 N 2 N 7N 7 N 2 N Selected (YIN) N Y N N N N Y N Y Y Y I certify that the information provided herein is true and oprFel to _ y knowledge. Luis Villalobos JLV Manager 9125f2015 Noma urellni6als I Title IDate Work Propcscd Caregorles. 1 fi Wouals and Supphes 2. Flagging and Traffic Control 3. Truckrng and Hauling 4 Precast Conerere Fowndahons and FooLngs 5 Concrete Paying F1ar.1,ork and Repair 6 Lighlingand Eleclncal 7 Signs. Signaiinstalla�an andGuardraii 8 Fencntg 9 St:tltttngsarw verpcal Stnl-turps 10 Utility Watef andSerrwLines rhis form must be submitted by the r r Sbuclurat Ste&1 ant! Ste ef Rerntorcanrarrt 12 Ripiapand AnchoredRelwmnVWatts Q Landscape and Erosion Contrct 1J Bndge and 8ndge Deck Construction 15 Asphalt Payng 16 Road and Parking Lol AVa7rfng 17 Chip Seal Crack Sear .taint Seal and Ciack FO 18 Sadge P&Mop and Coating f4 swltay and Ornamental Afaial 20 Parking Lots and Conarrercra7 Sidenarks deadline, For CDOT projects, submit 21 Clearing. Demohtroa Excavation and Eanhrvo;* 22 Engincenngand Surveying Services 23 PubtrcRelauonsanditwoa'veinenl 24 Prlasand Deep FounUahons 25 Wasle Adanagetnent end Recycling 26 SneClean Up 27 Miichemcai and HVAC 29 Tunnel Corisaucirarr 29 Proh0nandGwdirrg 30 Envdronrne,1alHeaU6and Safety COOT Form #1413 01114 Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53230)(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. 5323U)(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 Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 5 of 5 COLORADO DEPARTMENT OF TRANSPORTATION 9HO.IEC7 NO /2!0 ANTI -COLLUSION AFFIDAVIT LocATmN I hereby attest that I am the person responsible w,lhln my firm for the final decision as to the prices) and amount or this bid or, If not, that I have written authorization, enclosed herewith, from that person to rrnake the statements set out below on his or her behalf and on behalf of my iWin, I furiher attest that: 1. The prices) and amount of the bid have been arrived at independently, without Consultation, communication or agreement for the purpose or with the eflect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so Cisclosed prior to bid opening, 2B. Neither the prices nor the amount of the bid of any other ftrm or person who is a bidder Or potential prime bidder on this project have been disclosed to me or my firm, 3A. No a3erript has been made to solicit, Cause or Induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this protect, or to submit a bid higher than the bid of this firm, or any Intentionaity high or non- competitive bid or other form or complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime bidder on this project to submit an Intentionally high, noncompeiltive or other form of complementary bid on this project. 4. The bid of my firm Is made In good falth and not pursuant to any consultation, commun oaticn, agreement or discussion wflh, or Inducement or solicitation by or from any firm or person to submit any lntentlonally high, ncrecm petifive or other farm of complementary bit. 5. My firm has not altered or entered Into a subcontract or agreement regarding the purchase or sale of materials or services from any thin or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection YAth this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. B. My firm has not accepted or been promised any subcontract or agreemen: regarding the sate of materials or services to any firm or person, and has not been promised or paid Carl or anything of value by any firm or person, whether in connection YAM this or any ether project, In consideration tar my flrrrfs submitting any intentionally high, noncompetitive or other Term o' complementary bid, or agreeing or proml&ng to do so, on this project. 7. I have made a dlllgent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation app•oval or submission of my f'rWs bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, or other conduct Inconsistent with any of the statements and representatiene made in this affidavit. t3 I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, or the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Cullrecw. i1cm orcmPmy rams "y OMr (/CITE <S o SA sLf_lr -a Tdle 2ndna kmbra I me penyn&ne. 1111WI vm,4nJ air Dale UP Sworn to before me this ar-r' day of, �G� . 2015 N.Mry PrGAc EBELIA MADERA NOTARY Pull tlC My oomm+asbr,a m� Gj STATE OF COLORADO NOTARY ID 0 20124098337 MY COMMISSION EXPIRES OCTOBER 23, 2010 NOTE: This do Cument must be signed in ink. L=T ze Nwe 1lRE EXHIBIT 2 - ATTACHMENTS ATTACHMENT 1 - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contraciorl certifies, to the best of his or her knowledge and belief, that: (I 'I 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 (1119/96). 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, Lg,/Ys 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 ' ny. Signature of Contractor's Authorized Official 1i+ s fF/.d"f "�TF^� •' Name and T,tle of Contractor's Authorized Official 91X/iJ Date Addendum 3 6165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 3 of 5 ATTACHMENT 2 - 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 PTA 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 G.F.R. 661.1'. 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 Compiiance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 532M)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date °"SS4 Signa Company Name Lobos Structures Title Certificate of Non -Compliance with 49 U.S.C. 53230)(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.G. 53230}(2)(A), 53230)(2)(6), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Tile Addendum 3 8165 Mu!berry Bridge at New Mercer Ditch fridge Rapacerrent Page 4 of Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). The bidder or offeror hereby certifies that it will comply with the requiremerts of 49 U.S C. 53230)(2)(C) and the regu'ations at 49 C.F.R. Part 661.11. Date Signat Company Name Lobos Structures Title Manager Certificate of Non -Compliance with 48 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)(0), and 49 CFR 661.7. Date Signature Company Name Title Addendum 3 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 5 of 5 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: OCTOBER 8. 2015 TO: LOBOS STRUCTURES LLC PROJECT: 8165 MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE REPLACEMENT OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 25, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. The Price of your Agreement is One Million One Hundred Forty -Four Thousand Seven Hundred Forteen Dollars and Thirty -Three Cents ($1,144,714.33). 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 October 23, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 8th day of October in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Lobos Structures LLC (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 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. ARTICLE 2. ENGINEER The Project has been designed by KDG Engineering LLC, 3500 S Wadsworth Blvd., Suite 400, Lakewood. CO 80235, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within One Hundred Seventy -Two (172) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fourteen (14) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that expires after the One Hundred Seventy -Two (172) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that expires after the Fourteen (14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million One Hundred Forty - Four Thousand Seven Hundred Fourteen Dollars and Thirty -Three Cents ($1,144,714.33), 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 72.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET INDEX OF SHEETS 1 PROJECT TITLE SHEET 2 STANDARD PLAN LIST 3 GENERALNOTES 4 ROADWAY TYPICAL SECTION 5 SUMMARY OF APPROXIMATE QUANTITIES - 1 6 SUMMARY OF APPROXIMATE QUANTITIES - 2 7 TABULATIONS 8 REMOVAL PLAN 9-12 ROADWAY SHEETS R-1 TO R-4 13 CANAL GRADING PLAN G-1 14-31 STRUCTURE FCMULB-CRST SHEETS B-1 TO B-18 32-33 STORMWATER MANAGEMENT SHEETS SW-1 TO SW-2 34-43 TRAFFIC CONTROL SHEETS T-1 TO T-10 44-51 URBAN DESIGN SHEETS UD-1 TO UD-8 52-53 STRUCTURE EXCAVATION SHEETS EX-1 TO EX- 54 RIGHT OF WAY PLAN RW-1 55 WATER SYSTEM IMPROVEMENTS WL-1 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 3, 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 City of Fort Collins loe Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2°d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgov. com/purchasing Description of BID 8165: Mulberry Bridge at New Mercer Ditch Bridge Replacement OPENING DATE: 3:00 PM (Our Clock) September 25, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Summary of Approximate Quantities Exhibit 2 — Project Special Provisions Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Ra_le 1 of 21 consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: Cl OF FORT COLLINS CONTRACTOR: LOBOS STRUCTURES LLC By: a rry, City Manager// Date: I Printed: G�•S c.SoS Title: Date: 16/i� �l By: G rry P&X Purchasing Director (CORPORATE SEAL) Date: F pORTCO gip'•0........., :Z 6L Attest: e4A1 SEAL ;� City Clerk ttest v�JCr Address for giving notices: t'"iO Address for giving notices: P. O. Box 580 O� Fort Collins, CO 80522 LICENSE NO.: Approve s to Form I e Assistant City Attorney SECTION 00530 NOTICE TO PROCEED Description of Work: 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement To: Lobos Structures LLC 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: Lobos Structures LLC 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. 0685237 KNOW ALL MEN BY THESE PRESENTS: that Firm Lobos Structures, LLC Address 8084 Sherman Street, Denver, CO 80221 (mil), (a Corporation), hereinafter referred to as the "Principal' and (Firm) International Fidelity Insurance Company (Address) One Newark Center, Newark, NJ 07102 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave, Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ' ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. 'One Million One Hundred Thirty Four Thousand Seven Hundred Fourteen and 33.1100 ($1,134,714.33) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 8th day of October, 2015 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 9th day of October , 2015. 1 Y"�� ! .s (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal Lobos Structures. C (T e) 8084 Sherman Street, Denver, CO 80221 (Address) Other Partners AN Surety International Fidelit urance Company By: Kaylee Da on, Attorney -in -Fact By.. One Newark Center, Newark, NJ 07102 (Address) 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.0685237 KNOW ALL MEN BY THESE PRESENTS: that Firm Lobos Structures, LLC Address 8084 Sherman Street, Denver, CO 80221 (aP,4R4WidttM), (a Corporation), hereinafter referred to as the "Principal' and (Firm) International Fidelity Insurance Company (Address) One Newark Center, Newark, NJ 07102 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of ' ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. `One Million One Hundred Thirty Four Thousand Seven Hundred Fourteen and 33/100 ($1,134,714.33) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 8th day of October, 20 15 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this9th day of2ctober 2015. e WE (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: vVitffest --- c (Surety Seal) Principal Lobos Structures, LLC (Titl 8084 Sherman Street, Denver, CO 80221 (Address) Other Partners Surety Internati naI Fidelity Insurance Company �: � Kaylee Daw on, Attorney -in -Fact By_ One NewarkCenter, Newark, NJ 07102 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. -iel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsvlvania, havinq their principal office in the City of Newark, New Jersey, do hereby constitute and appoint KAYLEE DAWSON, EVAN E. MOODY, BRADLEY J. MOODY, KAREN A. FEGGESTAD, JUSTIN TOMLIN Denver, CO. their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings• contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. and the execution of such instrument(s in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUMY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dulyy held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, %00: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation, shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopled by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. ,tt I i^I`�t% STATE OF NEW JERSEY LIP ,per ty Coun of Essex SEAL r*t 19D4 s O y1EA5 ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company)and President (Alleg eny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. 11 " IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. OP........ R� •�r�ssloN••.� ��'. �U NO TAR �• -� PUBLIC y: N� =• y '•. W.�F2o'9 '• 9 ; OF NE`N , A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 "00 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts 'hereof, and of the who!e of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. I TESTIMONY WHEREOF, I have hereunto set my hand this day of -. MARIA BRANCO, Assistant Secretary ., 1 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIVYYV) 10/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACTAutumn Lee, CISR NAME: PHONE (303) 824-6600 FAC o: (303)370(A/C No Fxth-0118 ADDRESS:alee@moodyins.com INSURERS AFFORDING COVERAGE NAICN INSURER A.Cincinnati Insurance Companies INSURED Lobos Structures, LLC 8084 Sherman Street Denver CO 80221 INSURERB:Pinnacol Assurance 41190 INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MM/DD POLICY EXP MWDD/YVYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DAMAGE TO R NTED PREMISE Ea occurrence $ 500, 000 MED EXP (Any one person) $ 10,000 X ENP0140851 5/14/2015 5/01/2016 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POUCY F-]JEa LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 1t ENPO1d0851 5/14/2015 5/01/2016 BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS HAUTOS X UMBRELLA LIAB R OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LUIB CLAIMS -MADE DED X RETENTION$ 0 $ 1 JENP0140851 5/14/2015 5/01/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER OTH- STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 100 000 B OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N / A 4156003 5/1/2015 5/1/2016 E.L. DISEASE -EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: The City of Fort Collins and its officers, agents and employees, the Colorado Department of Transportation, and the New Mercer Ditch Company are named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of �haul;aL�ua;L•lu3:1 City of Fort Collins 215 North Mason St. 2nd Floor Fort Collins, CO 80524 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 Lee, CISR/AUTLEE ACORD 25 (2014/01) INS025 on14n1I ©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. CONTRACT REM NO, CONTRACT ITEM UNIT ENGINEERING DEPARTMENT UTILITY DEPARTMENT PROJECT TOTALS ROADWAY STRUCTURE FCMULS-Cl ROADWAY S RU U E FCMULBCRST PLAN IASrONST. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. PLAN AS COMET, 514 40200 PedesMen Rolling LF 10 10 514-00201 Pedestals. Rallln 9 el LF 47 47 514 -00202 Peeesp en Rail Attachment spestan LF 1 1 514 -00203 Painting of PedeNrlan Rall Attachment end Ealeen Roil (Special LS 1 1 601 .03050 Concrete Class D (Well) CY BB 86 601 -05036 Concrete Glass S35 CY 191 191 601 40008 Slone venearT 1 SF 845 645 601 40009 Slone Veneer Type 2 10 102 601 d0010 Bass Ca T 1 LF 74 74 Sol 40300 Structural Concrete Coach SY 204 254 002 -00020 Relnlord Steal E Coalatl LB 78800 75800 BD] -01000 Fence wtth Metal Posts Smooth 2 She LF 33 33 606 -00DOO Concrete Sleewalh 61nch S BY 114 114 B08 -OOWS Cwaaate Crime Enhance at BY 35 35 609 -00000 Curb and Gutter T e 2 Section 118 LF 140 140 613 -00400 31nch Electrical Cona at LF 354 354 619 -10160 161nch Wallowa Steel PI LF 5 45 819 -SO6a0 8Inch Waterline LS 1 1 820.00020 Bealta Facility EA 1' 1 626 -00005 Moblllrall. LS 1 1 63040DOO Fle In (Special) HOUR 100 830 •OD00] Trial Control In ecVun ea . DAYS 56 W 630 -00012 Thrill Control Mena amen orlon Ds DAYS 1" 1"630 -70000 Construction Zane Traffic Control S eGM LS 0A 1 530 -80359 Portable Message Sion Panel (Special) Y 7 7 630-85006 Im mAttenuamr Sand Filled hr EA 1 1 FORCE ACCOUNT 700.70011 FIA NOrar Carew Parisians FA 1 i 700.70011 rt FIA Paed FA 1 1 700 -70380 FIA Eoabn Con" te FA 1 1 Department of Engineering Fort Collins 281N. CollCelleAve. IOeBD522-0580 En9lneennp Print Date: AUGUST 2015 Sheet Revisions Colorado Department of Transportation 1�-�L�.���� 1420 Second Street Greeley, CO 80531 Phone: 970-350-2126 FAX: 970-350-2198 Region 4 LHN As Constructed MULBERRY AT MERCER DITCH SUMMARY OF APPROXIMATE QUANTITIES — 2 Project No./Code Dmllin File Namc Dots: comments Init. No Revisions: ORO M455-113 9/B/15 Ra'load Ouontitiee SHK ROIL Sal[ Vert. Scale: � ROVII Deal9nar. S. Yamamoto notation. S. Yamamoto sulft Number 19747 ® KDG Engineering lI1v LLC --p- S Vold: Sheet Subset: Susan 6hatc of Sheet Number 6 Addendum 2 - 8165 Mulberry Bridge m New Mercer Ditch Bridge Replacement Page 2 of 21 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Lobos Structures LLC CONTRACT DATE: October 8, 2015 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ENGINEER AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE u_:. SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Lobos Structures LLC Gentlemen: 20 You are hereby notified that on the day of 20 , the City of Fort Collins, Colorado, has accepted the Work completed by Lobos Structures LLC for the City of Fort Collins project, 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated October 8, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: —, 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: CITY OF FORT COLLINS, COLORADO (OWNER) FROM: LOBOS STRUCTURES LLC (CONTRACTOR) PROJECT: 8165 MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE REPLACEMENT The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers. agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which 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: LOBOS STRUCTURES LLC 0 Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _ day of , 20_, by Witness my hand and official seal. Notary Public My Commission Expi SECTION 00660 CONSENT OF SURETY TO: CITY OF FORT COLLINS. COLORADO (hereinafter referred to as the "OWNER") CONTRACTOR: LOBOS STRUCTURES LLC PROJECT: 8165 MULBERRY BRIDGE AT NEW MERCER DITCH BRIDGE REPLACEMENT CONTRACT DATE: OCTOBER 8, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER. as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _ day of (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name. Mailing address (City, State, Zip). Contact Person E-Mail address: Federal Employer's Identification Number. Bid amount for your contract: W Fax Number. i Business telephone number ' Colorado withholding tax account number'. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): i Exempt organization's number. i 98 - Address of exempt organization (City, State. Zip): Principal contact at exempt organization. Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date completion date 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer Title of corporate officer: Date. DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS MWJ 7"4 KC7U7YMC79 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS Of THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 191M (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been delete& EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) EXHIBIT 2 - PROJECT SPECIAL PROVISIONS CITY OF FORT COLLINS August 2015 W. MULBERRY STREET BRIDGE REPLACEMENT BID SET Addendum 1 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011 controls construction of this project. The following Special Provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Description Date Written Pave Index Pages August 2015 i-iii Notice to Bidders August 2015 1 Commencement and Completion of Work August 2015 2 Contract Goal (Combined) August 2015 3 OJT Contract Goal August 2015 4 Summary of Work August 2015 4a-4b Revision of Section 101 — Definition of Terms August 2015 5 Revision of Section 102 — Project Plans and Other Data August 2015 6 Revision of Section 105 — Claims for Contract Adjustment August 2015 7 Revision of Section 107 — Performance of Safety Critical Work August 2015 8-9 Revision of Section 107 — Insurance August 2015 10 Revision of Section 107 — Protection and Restoration of Property and Landscape August 2015 11 Revision of Section 109 — Measurement and Payment August 2015 12 Revision of Section 202 — Removal of Concrete Pavement August 2015 13 Revision of Section 202 — Removal of Bridge August 2015 14-17 Revision of Section 202 — Removal of Bridge (Pedestrian) August 2015 18 Revision of Section 202 — Removal of Portions of Present Structure August 2015 19-20 Revision of Section 203 — Excavation and Embankment August 2015 21 Revision of Section 206 — Bed Course (Special) August 2015 22 Revision of Section 208 — Erosion Control August 2015 23 Revision of Section 212 — Tree Retention and Protection August 2015 24-29 Revision of Section 216 — Soil Retention Blanket (Straw/Coconut) August 2015 30 Revision of Section 304 — Aggregate Base Course August 2015 31 Revision of Section 406 — Temporary Pavement August 2015 32-33 Revision of Section 420 — Geotextile Paving Fabric August 2015 34-35 Revision of Section 509 — Stainless Steel Angle (Special) August 2015 36-38 Revision of Section 514 — Pedestrian Railing (Special) August 2015 39-41 Revision of Section 522 — Duplex Coating System August 2015 42-47 Revision of Section 601 — Precast Concrete Vertical Column August 2015 48 Revision of Section 601 — Sandstone Veneer & Color Concrete August 2015 49-57 Revision of Section 601 — Structural Concrete Coating August 2015 58 Revision of Section 608 — Concrete Sidewalks (Special) August 2015 59 Revision of Section 608 — Concrete Driveway Entrance (Special) August 2015 60 Revision of Section 619 — Waterline August 2015 61 Revision of Section 630 — Construction Zone Traffic Control Devices August 2015 62 Revision of Section 630 — Portable Message Sign Panel August 2015 63-64 Revision of Section 630 — Impact Attenuator (Sand Filled) (Temporary) August 2015 65-66 Force Account Items August 2015 67 Utilities August 2015 68 i Addendum 2 — 8165 Mulberry Bridge at New Mercer Ditch Bridge Replacement Page 3 of 21 Article or Paragraph Number & Title 1001110010M TABLE, OF CONTENTS Or GENERAL CONDITIONS Page Article or Paragraph Number Number & Title 1.1 Addenda ............................................. J 1.2 Agreemenk ............................. ........... J 1.3 Application for Payment,..„..............„. 1.4 Asbestos ............................................. J 1.5 Did ...................... 1.6 Bidding Documents ..............................1 1.7 Bidding Requirements ..........................1 1.8 Bonds ......... .................. .. ................. 1.9 Change Order ..................................... I 1.10 Contract Documents..........-- ................ I 1.11 Contract Prioq ..................................... 1 1.12 Contract Times,, ............. .................... 1 1.13 CONTRACTOR ..................................1 1.14 ckfective ............................................. J 1.15 Drawings ............................................. 1.16 Effective Date of the Agreement ........... 1 1.17 ENGINEER- .... ................................. I 1.18 ENGINEERS Consultan.....................11 1.19 Field Order ..... .................................... 1 1.20 General Requirements .........................7 1.21 Hazardous Waste .................................2 1.22.a Laws and Regulations, Laws or Regulations ....................................... 2 1.22.b Leo Holidays ....................................2 1.23 Liens ..................................................2 1.24 Milestone ............................... ........... 2 1.25 Notice of Award ............... . ................ 2 1.26 Notice to Proceed ................. .............. 2 1.27 OWNER .............................................7 1.28 Partial Utilization ............... ................ 2 1.29 PCBs ..................................................2 1.30 Petroleum ...........................................2 1.31 Project........._ ........... .... ................. 1.32.a Radioactive Material ............................2 L32b Regular Working Hours ........................ Z 1.33 Resident Project Reprewntative, ........... 2 1.34 Samples ..............................................2 1.35 Shop Drawings........... ........................ 2 1.36 Specifications............... ....................... 2 1.37 Subcontractor .................... ................ 2 139 Substantial Completion ........................2 1.39 Supplementary 6onditi ...................2 1.40 Supplier ..............................................2 1.41 Underground Facilities, .................... 2.3 1.42 Unit Price Work .................................. 3 1.43 Work ..................................................3 1.44 Work Change Directive ........................3 1.45 Written Amendment Pose Nuniber PRELIMINARY MATTERS................................ 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents........................3 2.3 Commencement of Contract Times; Notice to Proceed ................ 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Prelim inary Schcddes; Delivery of Certificates of Insurance ---- 3-4 2.8 Preconstruction. Conference .............. 4 2.9 Initially Acceptable Schedule!i .......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............ . . ... ... .. ...... -.4 3,1-3.2 Intent .................. ___ ....... .... .. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3A Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docuncnts ........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents.........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions, ................................... 6 4.2.1 Reports and Drawings ......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized. Technical Data............................................ 4.2.3 Notice of Differing Subsurface or Physical Candition4 .................. J5 4.2.4 ENGTNEER!s Review .......................6 4.2.5 Possible Contract Documents Change............................. *"**"***' 6 4.2.6 Possible Price and Tunes Adjustments ............................... 6-7 4.3 Physical Conclitions-Underground Facilities .......................................7 4.3.1 Shown or Indicated ..................... --.7 4.3.2 Not Shown or Indicated ................... :7 4.4 Reference Points ...............................7 EJCDC GENERAL CONXTIONS 1910.8 (1990 EDITION) w/ a TY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number 3 Title Page Article or Paragraph Number Number & Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .....................7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds .............................................. .8 5.3 Licensed Sureties and Insurers; Certificates of Insurance....................8 5.4 CONTRACTOR's Liability Insurance .......................................... 5.5 OWNER's Liability Insurance .............. 9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts10 5.10 Other Special Insurance .....................10 5.11 Waiver of Rights ............................... 11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... 10-11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace ,,,,,,,,,,,,,,,,,,,11 5.15 Partial Utilization --Property Insurance ................. ......................11 CONTRACTOR'S RESPONSIBILITIES ...............I l 6.1-6.2 Supervision and Superintendenc; ....... 11 6.3-6.5 Labor, Materials and Equipment,.. I I-12 6.6 Progress Schedule..............................j2 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12.13 6.8.6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................1344 6.12 Patent Fees and Royalties...................14 6.13 Permits....._.._..................................14 6.14 Laws and Regulations.,,-„..................14 6.15 Tares...........................................14-15 6.16 Use of premises ................................. 15 6.17 Site Cleanliness., .............................. 15 6.18 Safe Structural oading..................... J5 6.19 Record Documents .............................15 6.20 Safety and Protection. .................. J 5.16 6.21 Safety Representative .........................16 6.22 Hazard Communication Program* ,,,,,.16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sampleil ..............16 Pap Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing &: Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents17 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 ...................18 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site:......................J8 7.4 Coordination ................................. is OWNER'S RESPONS11311.TTIES.........................18 &I Communications to CON- TRACTOR .................................18 82 Replacement of ENGINEER, ........... 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements, Reports and Tests 18-19 8.5 Insurance... ....................................19 8.6 Change Ordss„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 8.9 Limitations on OWNER'S Responsibilitieg ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material...............„...J9 8.11 Evidence of Financil Arrangem ents..............................19 ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNERs Representative19 9.2 Visits to Site,19 9.3 Project Representative ...............19-21 9A Clarifications and Tnterprc- tations............ .............................21 9.5 Authorized Variations in V&k........21 EXDC GENERAL CONDMONS 1910.8 (1990 ED1110N) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 9.6 Rejecting Defective Work ...................;I 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 Interpreter ..............22 9.13 Limitations on ENGINEERs Authority and Responsibilities,,,. 22-23 CHANGES IN THE WORK 23 10.1 OWNER's Ordered Change ................23 14. 10.2 Claim for Adjustmenk ........................ 23 103 WorkNot Required by Contract Documents ........ 23 10.4 Change Orders .................................. 23 10.5 Notification of surety ........................23 CHANGE OF CONTRACT PRICE .............................7.3 11.1-11.3 Contract Prior, Claim for Adjustment; Value of the Work .................................... 23-24 11.4 Cost of the Work., ........................ 24-25 11.5 Exclusions to Cost of the WorX .......... 25 11.6 CONTRACTORs Fee ......................... ;3 11.7 Cost Records ............... ........... 25-26 11.8 Cash Allowances ...............................26 119 Unit Price Work ...............................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essence.........................26 12.3 Delays Beyond CONTRACTORS Control ....................................... 26-27 12.4 Delays Beyond OWNER!s and CONTRACTOR!s Control ................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77FE WORK......._.......... _........................... 77 13.1 Notice of Defects ...............................27 13.2 Access to the Work............................27 13.3 Tests and Inspections; CON[TRACTORs Cooperation__ .... 27 13.4 OWNERS Responsibilities. Independent Testing Laboratory,,,,,,, . 27 13.5 CONTRACTORs Responsibilities . ............................27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval ................ P 13.8-13.9 Uncovering Work at ENGI- Page Number NEERsRequest ..................... 27-28 13.10 OWNER May Stop the Work .......... 28 13.11 Correction or Removal of Defective Work ...........................78 13.12 Correction Period ...........................28 13.13 Acceptance ofDefective Work ........ 28 13.14 OWNER May Coned Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 141 Schedule of Values 14.2 Application for Progress Payment... ........................__.....29 143 CONTRACTOR!s Warranty of Title 29 144-14.7 Review of Applications for Progresspaymentsi .................. 29-50 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 WORK AND TERMINATION ............................... ................ 32 15.1 OWNER May Suspend Work ..... .... 32 15.2-15.4 OWNER May Terminate ................. 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 Tim ak ...................33 17.3 Notice of Claim..............................33 17.4 Cumulative RemedicsL .... . .............. 33 17.5 Professional Fees and Court Costs Included ............... ............. 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank ...................................... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement........_.......... GC -AI 16.1-16,6 Arbitration ............... ....... _ ..... GC -Al 16.7 Mediation...............................GC-Al EJCDC GENEFLOL CONDITIONS 1910 -8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins 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 CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ..................... ff.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities..............................................4.1 site, related Work...............................................7.2 Work...........................................13.2, 13.14. 14.9 Acts or Omissions.-. Acts and Omissions — CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6.9.1, 9.13.3 ENGINEER .......................................... b.20, 9.13.3 OWNER_ ................................................. 0.20,8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments — Contract Rice or Contract Times ..........................1.5, 3.5, 4.1, 4.3.2. 4.5.2. ..............................4.5.3. 9.4, 9.5. 10.2-10.4, .........................................11, 12, 14.8. 15.1 progress schedule .............................................. 6.6 Agreem ent-- definitionof......................................................1.2 "All -Risk" Insurance, policy feat...........................5..6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general______________„ 1.10, 1.45, 3.5, 5.10, 53Z 6.6.2 .......................... 6.8.2,6.I9,10.1,10.4,11.2 ....................... ............ 12.1,13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10. 9.11,10.4. 16.2, 16.5 Application for Payment -- definitionof......................................................1.3 ENGINEER's Responsibility ............................... 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13-5, 14.12-14.15 in general .......................... 2.9,19, 5.6.4, 9.10, 15.5 progress payment.....................................14.1-14.7 review of.................................................I4.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definitionof....................... ................................. 1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1, 8.10 possible price and times 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 .......................................] 25 Before Starting Construction, ..............................2.5-2.8 Bid --definition of.. ............ .... __J.5 (1.1, 1.10, 2.3, 3.3, .................... 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents —definition of 1.6(6.8.2) Bidding Requirements --definition Of ......................................... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5. 11.4.5.9 Cost of the Work.............................................11.5A definition of.......................................................1.8 delivery of...................................................;.1, 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...................5.1-5.2 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....................................................11.8 Certificate of Substantial Completioq ........ 1.38, 6.30.2.3, ..................................................14.8. 14.10 Certificates of Inspectiaq ...................9.13.4, 13.5, 14.12 Certificates of Insuranee.......... _2.7. 5.3, 5.4.11, 5.4.13, ..... I ................. 5.6.5, 5.8. 5,14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances...................„_.,,,.,...,,,,,,,,,,.,,,,11.8 claim for price adjustment.,..._..,,.. 4.1. 4.2.6, 4.5. 5.15, 6.8.2. 9.4 .......................13.13, 13.14, 14.7, 15A. 15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to..............................................11.5 Cost Records.... ..................... ........................... 11.7 in general.............1.19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety ........................................10.5 Scope of .............................. _................. 10.3-10.4 Testing and Inspection. Uncovering the Work ....... ....................... _..13.9 FJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ 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 Limes adjustmenj ....... A.]. 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 Contractual time limits . ........................... ....... 12.2 Delays beyond CONTRACTORs control........................................................12.3 Delays beyond OWNERs and CONTRACTORscontrol .............................12.4 Notification of surety .........................................10.5 Scope of change ... .................................... 10.3-10.4 Change Orders -- Acceptance of Defective Work .......................... 13.13 Amending Contract Documents ..........................3.5 Cash Allowances 11.9 Change of Contract Price ..... -.1 .. .... ........ 31 Change of Contract Times ...................................12 Changes in the Work.._ . .................................... JO CONTRACTOR's fee ........................................11.6 Cost of the Work ....................................... 11.4-11.7 CostRecords ............................. . .................... 11.7 definition of ............................................. ......... 1.9 emergencies .....................................................6.23 ENGINEER!s respcnsibility....... 9.8. 1114,11.2. 12.1 executionof ......................................................10.4 Indemnifiction,.. ... _ ................. 0.12,6.16, 6.31.633 Insurance, Bonds and ........ ............ 3.10,5.13,10.5 OWNER may tcrminsi............................ 15.2-15.4 OWNEks ResponsiWity ........................... 1.6.10.4 Physical Conditions - Subsurface and ....................... . .... . ........... _4.2 Underground Facilities ............................... 4.3.2 Record Docum crits ................................. .419 Scope of Change ....................................... 10.3-10.4 Substitutes ............................................. 6.7.3,6.8.2 Unit Price Work ...............................................11.9 value of Work, covered by .................................11.3 Changes in the Work.........._....................................)0 Notification of surety._ ............................ .... .... 10.5 O'ANMs and CONTRACTORS responsibilities ............................................10.4 Right to an adjustment......................................10.2 Scope of change......_ ............................. _10-3-10.4 Claims -- against CONTRACTORL .... ....................... _._6.16 against ENGINEER ............................. ........... A32 against OWNER,._..........................................0.32 Change of Contract Pricq ........................... 9-4,11.2 Change of Ccntraa Times .......................... P.4,12.1 CONTRACTORs ... ......... 4, 7.1. 9.4. 9.5. 9,11. 10.2. ................... ....... ll.Z 11.9,12.1.13.9,14.8, ................ I ........................... 15.1.15.5,17.3 CONTRACTOWs Fee 11.6 Article or Paragraph Number CONTRACTORs liability.......... 5.4.6.1Z 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 ................... 1&1-16.6 ENGINEER as initial interpreter .......................9.11 Lump Sum Pricing ......................................... JI.3.2 Noticeof ..........................................................3.7.3 OWNERs .................... PA 9.5,9.11,10.2,11,2.11.9 ...... ................. 11" 13.9, 13.13. 13.14. 17.3 OWNERS liability .............................................. 5.5 OWNER may refuse to make payment„ •... • •... •_. •..14.7 Professional Fees and Court Costs Included_...... ", ' - ___ - .. .. ... 17.5 decision request for formal cision aq ............................Q.11 Substitute Items ................................ ............ 67.1.2 Time Extension 12" Time requirements .................................... 9.11,12.1 Unit Price Work .............................................1 L9.3 Value of 1.1.3 Waiver of --on Final Paymen; ............. ... J4.14,14.15 Work Change Directive. ..................................... 10.2 written notice required ......................9.11, 11.2,111 Clarifications and Interpretation* ...... .... 3.6.3.9.4, 9.11 CleanSite ................... .................. .....................4.17 Codes of Technical Society, Organization or Association .................................... _ .......... 3.3.3 Commencement of Contract Times ....... ........ .......... 2.3 Communications - general .............................................. 0.2.6.9.Z 8.1 Hazard Communication Programs .... ..... . .......... 6.22 Completion - Final Application for Payment ..........................14.12 Final Inspection * ' .................. ........... .. * '_ ' ........... )4.11 Final Payment and Acccptano4 ............. J4.13-14.14 Partial Utilization, ...........................................14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims ............................................34.15 Computation of Times ............................... 17.11-17.2.2 Concerning Subcontractors, Suppliers and OthersL ................................................. 6.M.] I Conferences -- initially acceptable schedules, ............ . ................. 2.9 preconstructiork ..................................................2.8 Conflict, Error. Ambiguity. Discrepanqr- CONTRACTOR to Report .......................... 2.5,3.3.2 Carmitruotion, before starting by CONTRACTOR 2.5-2.7 Construction Machinery. Equipment. etc..................6.4 Continuing the Work ..................................... 6.29,10.4 Contract Documents - Amending..........................................................3.5 Bonds 5.1 EXI)COENELAL COMnOWS1911D.8 (1990 M)MON) w/C!TY OF FORT COLLINS MODIFICATIONS CREV9/99) Cash Allowances_.._......-..____._.__ - I -11 8 Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times .................................. 12 Changes in the Work ................................ 10.4-10.5 check and verify .................................................2.5 Clarifications and Interpretations .........................3.2, 3.6. 9.4. 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of..................9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gcncra13 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 pay irant .........................8.3. precedence................................................3.1.3.3.3 Record Documents ............................................(19 Reference to Standards and Specifications of Technical Societies,„ .................„-.---_-,,,, 33 Related Work .................................................... 7.2 Reporting and Resolving Discrepancies,,,,,,,, 25, 3.3 Reuseof ............................................. ............... 3.7 Supplementing .......................... ............ .......... 3.6 Termination of ENGINEERs Employmrent ......... 8.2 Unit Price Work ...............................................11.9 variations, .........................................3.6,623. 6.27 Visits to Site, ENGINEERsi ............................... 9.2 Contract Price - adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ................... ........................... .......... I I Decision on Disputes ........................................ 9.11 definition of.....................................................1.11 Contract Times- adjustm ant of ...........................3.5.4.1, 9.4.10.3.12 Change of ........................................... ..... 12.1-12.4 Commencement of 2.3 definition of .....................................................1.12 CONTRACTOR - Acceptance of Insurance,...-.....--- ..................... 5.14 Communications 6.9.2 Continue Work, ............ ........................... 6.29,10.4 coordination and scheduling ............................ 0,9.2 definition of . ............................. . .................... 1.13 Limited Reliance on Technical Data Authorized .........................................4.2.2 May Stop Work or Term inatc............................15.5 provide site access to others........................7.2, 13,2 Safety and Protection ....... ........... 4.3. 1 -Z 6.16, 6.18. ...................................... 6.21-6.23. 7.Z 13.2 Shop Drawing and Sample Review Prior to Subm it* 6.25 I Stop Work requirements......__.__,___,_, 4.5 2 CONTRACTOR's-- Article or Paragraph Number Compensation ................ ........................... 11.1-11.2 Continuing Obligatiork ....................................14.15 Defective Work ...............................9.6. 13.10-13.14 Duty to correct defective Work_ .......................13.11 Duty to Report -- Changes in the Work caw-ed by Emergency.. ...... ..................... ............. 6.23 Defects in Work of Others, ............................. 7.3 Differing conditions ...................................4.2.3 Discrepancy in Documents,,,,.,-, 2.5, 3.12, 6.14.2 UndergraLmd Facilities not indicated,.,,.,,,,, A.32 Emergencies ........................... ......... _...............0.23 Equipment and Machinery Rental, Can of the Work ...........................................11.4.5.3 Fee --Cost Plus 11-4.5.6,11.5.1. 1L6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs .....................0.22 Indemnification ......................... 0. 1 Z 6.16. 6.31-6.33 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipm enl.................... 03-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ............ ................. . ............... 5.4 Notice of Intent to Appeal ......................... 9.10,10.4 obligation to perform and complete the Work 0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,, 6.12 Performance and Other Bonds.-,--,-,-„---------------„ 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule .......................... Z.6,2.8,2.9,6.6, ...... ......... .................... 6.N, 10.4. 152 1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities - Changes in the Work .... ....... - ............ 10.1 Concerning Subcontractors, Suppliers and Others 6.".11 Continuing the Work..........._............. 629,10.4 CONTRACTOIrs expense ...........................6.7.1 CONTRACTOR!s General Warranty and Guarantee 6,30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ................ 6.25 Coordination of Work................................6.9.2 Emergencies . .................. 6.23 ENGINEERs evaluation. Substitutes or "Or -Equal" Items......._............._......4.7.3 For Acts and Omissions of Others 0.9.1-6.9.2.9-13 for deductible Rmcuntsinsurance...................5.9 general ........................................6, 7.2, 7.3, 8.9 Hazardous Communication Program*.......... 6.22 Indemnific2tion .................................. 6.31-6.33 EJCDC GENBAL 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 Documents ........................................... 6.27 Patent Fees and Royalties.............................0.12 Permits.......................................................0.13 Progress Schedule ......................................... 6.6 Record Documents....................„.,,,,,,,.,,,,.,,619 related Work performed prior to ENGINEER's approval of required submittals.............................................6.28 safe structural loading.................................6.18 Safety and Protection ....... ............ _5.20, 7.2, 13.2 Safety Representative.... ......................... ...6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................¢U4 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness ........................................... .17 Submittal Procedures .................................. 6.25 Substitute Construction Methods and Procedures .............................._.... 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence............................................6.2 Supervision............ ...... _............ .. 111..._.1....0" Survival of Obligations................................6.34 Taxes..........................................................6.15 Tests and Inspections....... ............................ 13.5 ToReport .....................................................2.5 Use of Premises ......................6.164.18, 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, 10.2,1 LZ 11.9. 12.1. 13.9, 14.8. 15.1, 15.5. 17.3 Safety and Protection,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittal;,,,, 624-6.28 Special Consultants, ................. ....... .. .......... 11.4.4 Substitute Construction Methods and Procedures 63 Substitutes and "Or -Equal" Items, Expense..........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Other§,..,,,,_„6.8-6.11 Supervision and Superintendence._,,.,, .6.1, 6.2, 6.21 Taxes. Payment by ..... ... ................ _............. 415 Use of Premises 6.16-6.18 Warranties and guarantees ..........................0.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required — CONTRACTOR stop Work or term inate,..... _,15.5 Reports of Differing Subsurface and Physical Conditions ........................4-2.3 Substantial Completion ........................ _...... 14.8 vilt CONTRACTORS —other..._ .._.._._._._._. ................? Contractual Liability Insurance..............................5.430 Contractual Time Limits.........................................12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................0.9.2 Copies of Documents ............................................... 22 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work— in general, .................................. 1 0A.1, 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 CorreaDefect1w Work ....... ........ 13.14 OWNER May Stop Work............................._..13.10 Cost — of Tests and Inspections....................................13.4 Recordsll.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 l 1.4-11.5 Home office and overhead expenses ....................11.5 Losses and dam ages....................................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...........................11-43 Records11.7 Rentals of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work 1-1.4.5.4 Tests and Inspection ...................................... ..13.4 Trade Discounts ............................... _ ............ 11.4.2 Utilities, fuel and sanitary facilitie8 .............. j 1.4.5.7 Work after regular hours ..................... ........ _.11.4.1 Covering Work.................._........._._............13.6-13.7 Cumulative Remedics............................_,,.,17.4-17.5 Cutting. fitting and patching .................. ....7.2 Data to be furnished by OWNER ......................._.J.3 Day —definition of................................................17.2.2 Decisions on Disputes ........... _..... _...... .......... .11, 9.12 defective --definition of............... -.......................... 1.14 defective Work — Acceptance of ................................. ...._10.4.1.13.13 EXW MNMLAL com inoNs i9io 4 om EUmo10 wi CITY OF FORT COLUM MODMCA770M (REV 9/991 Correction or Removal of., ................ --- jO.4.1, 13.11 Correction Period............................................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.......................................13.8 Definitions................................................................ I Delays ..................................... 4.1. 6.29, 12.3-12.4 Delivery of Bonds......................................................).1 Delivery of certificates of insurance ...........................73 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions — Noticeof_ .............. ................................ . 4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments ............. 4.2.6 Discrepancies -Reporting and Resolving...............................2.5, 33.2, 6.14.2 Dispute Resolution— Agreement...............................................16.1-16.6 Arbitration................................................16.1-16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ................... P.11-9,12 Docum ents-- Copiesof .......................................................... 2.2 Record 6.19 Reuseof.............................................................3.7 Drawings —definition of..........................................1.15 Easements.............................................................4-1 Effective date of Agreement -- definition of.............1.16 Emergencies....................................................... 0.23 ENGINEER — as initial interpreter on disputes .................9.11-9.12 definition of.. . .. ............................................... 1.17 Limitations on authority and responsibilities„_„9.13 Replacement ofi.................................... ............. .8.2 Resident Project Representative ...........................9.3 ENGINEEWs Consultant -- definition of..................1.18 ENGINEERS — authority and responsibility, limitations or) ........ 9.13 Authorized Variations in the Work....................9.5 Change Orders, responsibility for..... 9.7. 10. 11. 12 Clarifications and Interpretationt ..............3.6.3. 9A Decisions on 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, .......................................... 0,30.9,9.2 OWNER's Representative... 9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment.. ................. 14.4,14.13 Article or Paragraph Number Responsibilities --Limitations or) ...... _........ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ........ -.................... 4.2.4 Shop Drawings and Samples. review responsibility ......... .......... ......_............. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ........ ....... __9.4 Decisions on Disputes ................. I..... 9.11-9.12 Determinations on Unit Price ,..................... 9.10 ENGINEER as Initial Interpreter..,-...., 9.11-9.12 ENGINEERS Responsibilities ................9.1-9.12 Limitations on ENGTNEER's Authority and Responsibilities..............................9.13 OWNER's Representative..............................9.1 Project Representative...................................9.3 Rejecting Defective Work.. ............... ............ 9.6 Shop Drawings, Change Orders and Payments....................................9.7A.9 Visits to Site...................................._...........9.2 Unit Price determinations.................................9.10 Visits to Site ............. ........... _..._._.-- ---............9.2 Written consent require4..............................7.2, 9.1 Equipment. Labor, Materials and ....... .......... ....... 0.3-6.5 Equipment rental, Cost of the Work .... ,............. J1.4.53 Equivalent Materials and Equipment ........................0.7 error or omissions..................................................0.33 Evidence of Financial Arrangements„_-„.................P.11 Explorations of physical conditions,,... ... .............. 4.2.1 Fee, CONTRACTOR's—Costs PhA ..........................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 ............ I........................14.13-14.14 Prior to, for cash allovances.............................. .11.8 General Provisions ..............................._ ..... _. 17.3-17A General Requirements — definition of.....................................................1.20 principal references to..............2.6. 6.4, 6.6.6.7.6.24 Giving Notice.........................................................17.1 Guarantee of Work —by CONTRACTOR ........ §.30, 14.12 Hazard Communication Programs.............. .............0.22 Hazardous Waste — definition of......................................................1.21 general._.........................._........................ ....... 4.5 OWNER's responsibility for..............................8.10 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLONS MODIFICATIONS (REV 9/99) Indemnification___-_----__-, ............... f A Z 6.16, 6.31-6.33 Initially Acceptable SehcdWcA..................................2.9 Inspection— Certificates of ...................... ..... _9.13.4, 13.5, 14.12 Final................. ............ ........................ ..... 14.11 Article or Paragraph Number Special, required byENGINEER......................... 9.6 Tests and Approval.............................$.7. 13.3-13.4 Insurance - Acceptance of, by OWNER ............................... 5.14 Additional, required by changes in the Work ........ ..................... _............. 1.4.5.9 Before starting the Work....................................2.7 Bonds and --in general..........................................5 Cancellation Provisions ..................................... 5.8 Certificates of ...................7.7, 5, 5.3, 5.4.11, 5.4.13, ................5.6.5. 5.9. 5.14, 9.13.4, 14.12 completed operations ..... .............................. 1.5.4-13 CONTRACTOR's Liability ..................................5.4 CONTRACTOR's objectim to coverage.............5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................5.9 Final Application for Payment........................14.12 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 insarcds..............5.12-5.13 OWNER's Liability... ............................ . ........... 5.5 OWNERS Responsibility ................................ .... .5 Partial Utilization, Property Imuranctr...............5.15 Property.. ................................................... 5.6-5.10 Receipt and Application of Insurance Procceds............................................. . 5.12-5.13 Special Insurance ..... ........... _............................5.10 Waiver of Rights..............................................5.1l Intent of Contract Documents ............................„ 3.1-3.4 Interpretations and Clarifications ..................... 3.6.3. 9.4 Investigations of physical condition;.........................4.2 Labor, Materials and Equipment- ,,,,-„-„----,,,,,-„-,.6.3-6.5 Lands -- andEasements .............................- ................... $.4 Availability of..............................................4.1. 8.4 Reportsand Tests...............................................$.4 Laws and Regulations --Laws or Regulations -- Bonds......................................... ............... 5.1-5.2 Changes in the Work........................................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities .................... 6.14 Correction Period. defective Work....................13.12 Cost of the Work, taxes...............................11.4.5.4 definition of. ...... _.... ..._.............................1.22 gencral6.14 Indemnification ........................................ 6.31-6.33 Insurance...._ ...................... ............ -- 5.3 Precedence ........................... .... .............. -.3.1, 33.3 Referenceto....................................................3.3.1 Safety and Protection ............................... 6.20, 13.2 Subcontractors, Suppliers and Others............6.8-6.1 I Article or Paragraph Number Tests and Inspections .............. .............. ._,.13.5 Use of Premises ............................ ............... .... 6.16 Visits to Site. .............................. ............... __...9.2 Liability Insurance-- CONTRACTOR's...............................................5.4 0 W NE R's...................................................... . .... 5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment ... .._............. .14.2 CONTRACTOR's Warranty ofTitlq,._..._.... ..... 14.3 Final Application for Payment ..........................14.12 definition of....................................I...............1.23 Waiver of Claims............................................14.15 Limitations on ENGTNEER's authority and responsibilities..................................................8.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Openating Manuals -- Final Application for Payment ..........................14.12 Manuals (of oth=)- Precedence_.................... _..-..-.................-.-..3.3.11 Reference to in Contract Docurn..................8.3.1 Materials and equipment -- furnished by CONTRACTOR ............... 6.3 not incorporated in Work .................................. 14.2 Materials or equipment --equivalent .......................... 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,,,,,3.24 Mlscellancous-- Computation of Times,.,. ............................... . _1 7.2 Cumulative Remedies .............................._........ 17.4 Giving Notice... .................................. ........ __171 Notice of Claim 17.3 Professional Fees and Court Costs Ltdude¢,........ 17.5 Multi -prime contracts ........... ............................... 7 Not Shown or Indicated, ................ . ..................... -4_3.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of .............................. _-........ a.25 Claim............................................................1.7.3 Defects,13.1 Differing Subsurface or Physical Conditions..,.._ 4.2.3 Giving.. ........................................... ............... 1,7.1 Tests and Inspection$........................................13-3 Variation, Shop Drawing and Sample ................. 6,27 Notice to Proceed -- definition of......................................................1.26 givingof........................................................2.3 EJCOC OENERAL COMMONS 19t0-8 0990 EDmON1 wi CITY OF FORT COU INS MODIFICATIONS (REV 91M Notification to Surely_ ......... ___.. ...................... .....10.5 Observations, by ENGINEER_ .........................4.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............0.9. 9.13 Open Peril policy form. Inm rimcc ..........................5.42 Option to Replace....................................................5.14 Article or Paragraph Number 'Or Equal" Items......................................................5.7 Other work 7 Overtime Work —prohibition of ................................ 6.3 OWNER — Acceptance of defective Work...........................13.13 appoint an ENGINEER......................................8.2 as fiduciary ................................. .......5.12-5.13 Availability of Lands, responsibility,,,,,,,,,,,,,,, „....4.1 definition of.....................................................1.27 data, furnish... ....... .......... .......... ...... I ............... 8-3 May Correct Defective Work...........................13.14 May refuse to make payment.............................)4.7 May Stop the Work ......................................... j3.10 May Suspend Work Terminate ...........................8.8. 13.10, 15.1-15.4 Payment, make prompt ..................... $.3, 14.4, 14.13 performance of other work ................................. 7.1 permits and licenses requirements,,,,,,,,,,,,,,,,,,,,0.13 purchased insurance requirements .............. 5.6-5.10 OWNERs- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execut;,......... A.6, 10.4 Communications...............................................8.1 Coordination of the Work 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals.................$3, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status.... ..... ..................... ...... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ........... ....$.10 Change Orders ............................................. 8.6 Changes in the Work, .................................. 10.1 communications............................................ 8.1 CONTRACTORS responsibilities..................8.9 evidence of financial arrangements..............$.11 inspections, tests and approvals,,,,,,,,,,,,,,,,,,,, 8.7 insurance......................................................8.5 lands and easements.. ....... .......................... 8.4 prompt payment by.......................................8.3 replacement of ENGIIMER ...........................0.2 reports and tests ................................. I .... I..... 8.4 stop or suspend Work,,,,,,,,,,,,,,,,, 8.8. 13.10, 15.1 terminate CONTRACTORs services _.. -------.-..................... _8.8. 15.2 separaterepresentative at site..............................9.3 testing, independent ............. ................. ........13A use or occupancy of the Wodt .........................5.15, 6.30.2.4. 14.10 written consent or approval required.........................................9.1.6.3, 11.4 ErCOC GENEIL . CONDITIONS 1910•8 t1990 EDITION WICITY of FORT col UNS MODIRCATIoxs (REV 9"