HomeMy WebLinkAboutBID - 8358 PITKIN STREET BIKEWAY (2)Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
PITKIN STREET BIKEWAY
BID NO. 8358
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
SEPTEMBER 9, 2016 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-7
00300 Bid Form 00300-1 - 00300-5
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
00440 CDOT Form #606, Anti-Collusion Affidavit 00440-1
00450 CDOT Form #1413, Bidders List 00450-1
00460 CDOT Form #1414, Anticipated DBE Participation Plan 00460-1
00470 Buy America Certification 00470-1
00480 Certification Regarding Lobbying 00480-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-1
00520 Agreement 00520-1 - 00520-5
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
00650 Lien Waiver Release (Sub 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-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
Davis Bacon Wage Rates
Federal Terms & Conditions
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
DRAWINGS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: August 19, 2016
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at
the office of the Purchasing Division, 3:00 P.M., our clock, on September 9, 2016, for the Pitkin
Street Bikeway; BID NO. 8358. If delivered, they are to be delivered to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580,
Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of 8358. The Work includes the
installation of arterial bike crossings at Taft Hill Road, Shields Street, College Avenue and
Lemay Avenue along the Pitkin Corridor. This work will include concrete medians, concrete
sidewalks, asphalt patching, signing and striping, new signal installation, temporary traffic
control and erosion control. The work will be focused at the 4 major intersections of Clearview
and Taft Hill Road, Springfield/Pitkin and Shields Street, Pitkin and College Avenue, Lory/Pitkin
and Lemay Avenue.
This is a Federally funded project and the DBE goal is 10%. In order for a bidder to be
responsive, one must make a good faith effort to meet the DBE goal. The bidder can meet this
requirement in either of two ways. First, the bidder can meet the goal, documenting
commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can
document adequate good faith efforts. This means that the bidder must show that it took all
necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if the goal is not met. These good faith efforts must be completed prior
to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part
26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be
certified by CDOT. The CDOT DBE Directory is available
at https://www.codot.gov/business/civilrights/dbe. If the apparent low bidder does not meet
the project DBE goal, three copies of the contractor’s good faith effort needs to be submitted to
the City of Fort Collins Purchasing Department by 4PM on the next business day after bid
opening.
Bidders must complete, sign and submit with the bid all documents in Sections 00300
and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy
America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if
these documents are not included.
The City of Fort Collins has adopted a new Dust Prevention and Control Manual. The manual
can be found at: http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf or
within the project specifications. All operations conducted under this Agreement shall be
performed in accordance with the stated procedures and requirements.
All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 10:30 AM, on August 26, 2016, in the Training Room (Conference Room 2E)
located at 215 N Mason Street, Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
Questions concerning the scope of the bid should be directed to Dan Woordward, Project
Manager, at (970) 416-4203 or dwoodward@fcgov.com. Questions regarding bid submittal or
process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All
questions must be submitted in writing via email to Dan Woodward , with a copy to
Elliot Dale, no later than 5:00 PM our clock on September 1, 2016. Questions received after
this deadline will not be answered.
The Contract Documents and Construction Drawings may be examined online at:
• Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited
City of Fort Collins
Gerry Paul Purchasing Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation
to Bid. No partial sets will be issued. The Bidding Documents may be examined
at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include all requirements stated in Section
00300, Bid Form.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at
the time of the Bid opening, a written statement of qualifications including
financial data, a summary of previous experience, previous commitments and
evidence of authority to conduct business in the jurisdiction where the Project is
located. Each Bid must contain evidence of Bidder's qualification to do business
in the state where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be prepared
on the form provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and (9) any other
circumstances which will affect the bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that
no just claims are pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the
City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or performance of
the Work, (d) study and carefully correlate Bidder's observations with the
Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form
of a certified or bank cashier's check payable to OWNER or a Bid Bond on the
form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within 15 days of the
Notice of Award, OWNER may annul the Notice of Award and the Bid Security of
that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER
believes to have reasonable chance receiving the award may be retained by
OWNER until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security
furnished by such Bidders will be returned. Bid Security with Bids which are not
competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. If a specific product type or brand of material or
equipment is indicated on the drawings or specified in the specifications, three types of
such product will be listed and the bidder may use anyone of the three or an approved
equal, if the equal is acceptable to the engineer. The procedure for submittal of any
such application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject
to revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission
with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form
must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other appropriate officer accompanied by evidence of
authority to sign) and the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid shall
be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and all requirements stated in Section
00300, Bid Form. 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 Bid 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 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is
available for review in the Purchasing Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
23.0 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.
24.0 BID RESULTS.
For information regarding results for individual Bids,
visit www.rockymountainbidsystem.com. Bid results will be posted at this site within
two (2) business days after Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
PROJECT: 8358 Pitkin Street Bikeway
Place
Date
1. In compliance with your Invitation to Bid dated __, 20__ and subject to all
conditions thereof, the undersigned a (Corporation,
Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to
do business in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the construction of all items
listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of _____________________________________________________
($ ___) in accordance with the Invitation to Bid and Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment bonds are as
follows: _________________________________________________________.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
_______through .
8. The undersigned Bidder hereby acknowledges the documents listed below are required
elements of the bid and must be submitted with the bid. The City may reject any
incomplete bids as non-responsive.
- Bid Form (Section 00300)
- Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410)
- Acknowledgement of Bid Addenda (Item 7 above)
- Statement of Bidder's Qualifications (Section 00420)
- Schedule of Subcontractors (Section 00430)
- CDOT Form #606, Anti-Collusion Affidavit (Section 00440)
- CDOT Form #1413, Bidders List (Section 00450)
- CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460)
- Buy America Certification (Section 00470)
- Certification Regarding Lobbying (Section 00480)
9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms
and Conditions incorporated herein as part of the Invitation to Bid. This project has a
DBE goal of 10%. In order for a bidder to be responsive one must make a good faith
effort to meet the DBE goal. The bidder can meet this requirement in either of two ways.
First, the bidder can meet the goal, documenting commitments for participation by DBE
firms sufficient to meet the goal. Second, the bidder can document adequate good faith
efforts. These good faith efforts must be completed prior to submittal of the bid. To
meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT
DBE Directory is available at https://www.codot.gov/business/civilrights/dbe. If the
apparent low bidder does not meet the project DBE goal, three copies of the contractor’s
good faith effort needs to be submitted to the City of Fort Collins Purchasing Department
by 4PM on the next business day after bid opening.
10. The undersigned Bidder shall provide three (3) completed or under construction project
references within the contract amount of $250,000 or greater from the past three (3)
years. It is the City’s preference that the reference projects use the same Project
Manager as the Contractor is proposing for this project. References shall include a brief
project description, owner contact information, and total contract value. References may
be checked by the City and bids that do not include the required references may be
deemed non-responsive
The lowest responsive and responsible bidder may be required to attend a Pre-Award
Meeting with City staff prior to awarding the contract. The Pre-Award Meeting will be
required per the City’s discretion:
Project 1 Name:
Brief Description:
Owner Contact Information:
Contract Value:
Project 2 Name:
Brief Description:
Owner Contact Information:
Contract Value:
Project 3 Name:
Brief Description:
Owner Contact Information:
Contract Value:
10. BID SCHEDULE (Base Bid)
201-00000 Clearing and Grubbing LS 1 $ -
202 Removal of Concrete SY 118 $ -
202 Removal of Tree (Less than 8" Diameter) EA 10 $ -
202 Removal of Tree (Greater than 8" Diameter) EA 1 $ -
202-00203 Removal of Curb & Gutter LF 198 $ -
202-00220 Removal of Asphalt SY 694 $ -
203-01510 Backhoe HR 30 $ -
203-01597 Potholing HR 24 $ -
203-02330 Laborer HR 30 $ -
208 Erosion Control LS 1 $ -
403-33841 Hot Mix Asphalt (Grading S) (100) (PG 64-22) TON 175 $ -
ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST
ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance with the
Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special
provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment
will be made due to fuel cost changes for bidders who answer "NO". If neither line is
marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this
503-00018 Drilled Caisson (18 inch) LF 32 $ -
503-00036 Drilled Caisson (36 inch) LF 60 $ -
608 Concrete Sidewalk (includes curb ramps, concrete ped. curb) SY 576 $ -
608-00015 Detectable Warnings EA 10 $ -
609 Modified Curb & Gutter (4" Rolled Curb, Match Existing) LF 157 $ -
609-20010 Curb Type 2 (Section B) LF 208 $ -
610 Concrete Bike Median (6" thick) SY 101 $ -
610-00030 Concrete Median Cover (6" thick) SY 67 $ -
613-00200 2" Electrical Conduit LF 980 $ -
613-00206 2" Electrical Conduit (Bored) LF 250 $ -
613-00300 3" Electrical Conduit LF 300 $ -
613-00306 3" Electrical Conduit (Bored) LF 330 $ -
613-07050 Pull Box (13"x24"x18") Deep EA 9 $ -
613-07060 Pull Box (18"x30"x18") Deep EA 2 $ -
623 Irrigation Restoration LS 1 $ -
623 2.5" Irrigation Line - Bored LF 60 $ -
626-00000 Mobilization LS 1 $ -
627-00005 Epoxy Pavement Marking GAL 10 $ -
627-30205 Thermoplastic Pavement Marking (Word-Symbol) SF 1094 $ -
627-30210 Thermoplastic Pavement Marking (Xwalk-Stop Line) SF 1753 $ -
630 Construction Traffic Control LS 1 $ -
630-00000 Flagging HOUR 480 $ -
630-00007 Traffic Control Inspection DAY 10 $ -
630-00012 Traffic Control Management DAY 20 $ -
700-01 F/A MINOR CONTRACT REVISIONS FA 1 $30,000.00 $ 30,000.00
700-02 F/A EROSION CONTROL FA 1 $2,500.00 $ 2,500.00
IN WORDS:
Force Account
TOTAL BASE BID
project. After bids are submitted, bidders will not be given any other opportunity to
accept or reject this adjustment.
(Mark only one line with an "X"):
____ YES, I choose to accept Fuel Cost Adjustments for this project
____ NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is
marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for
this project
11. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
_______________________________________
CONTRACTOR
BY:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
Attest:___________________________ (Seal - if Bid is by corporation)
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 CDOT Form #606, Anti-Collusion Affidavit
00450 CDOT Form #1413, Bidders List
00460 CDOT Form #1414, Anticipated DBE Participation Plan
00470 Buy America Certification
00480 Appendix A, 49 CFR Part 20, Certification Regarding
Lobbying
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned _
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins,
Colorado, as OWNER, in the sum of
($ ) for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City
of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a
Construction Agreement for the construction of Fort Collins Project, 8358 Pitkin Street Bikeway.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid, then this
obligation shall be void; otherwise the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such Bid; and said Surety does hereby waive notice of any such
extension.
Surety Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
this day of , 20__, 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 SURETY
Name:_____________________________ __________________________________
Address:__________________________ __________________________________
By:_______________________________ By: ______________________________
Title: ___________________________ Title:____________________________
ATTEST:
By:_______________________________
(SEAL) (SEAL)
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: _________________________________________________
2. Permanent main office address: __________________________________
3. When organized: _________________________________________________
4. If a corporation, where incorporated: ___________________________
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.)
_________________________________________________________________
_________________________________________________________________
7. General character of Work performed by your company:
_________________________________________________________________
_________________________________________________________________
8. Have you, or a firm for which you were principal, ever failed to complete any Work
awarded to you?________________________________________
If so, where and why?____________________________________________
_________________________________________________________________
9. Have you, or a firm for which you were a principal, ever defaulted on a contract?______
__________________________ _____________________________
If so, where and why?____________________________________________
_________________________________________________________________
10. Are you, or a firm for which you were principal, debarred by any government agency?
______________________ _______________________________________
If yes list agency name._________________________________________
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $______________________________________________________
16. Bank Reference:_____________________________________________________
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER? _________________ ________
18. Are you licensed as a General CONTRACTOR?________________________________
If yes, in what city, county and state? __________________________
What class, license and numbers?___________________________________
19. Do you anticipate subcontracting Work under this Contract?_________________
If yes, what percent of total contract?__________________________________
And to whom?___________________________________________________________
20. Are any lawsuits pending against you or your firm at this time?__________
IF yes, DETAIL
21. The City of Fort Collins requires General Liability coverage of $1,000,000 and
Automotive Liability of $1,000,000. Can you meet these requirements?______________
What Company is your insurance carrier? ____________________________________
22. What are your company's bonding limitations?_____________________________
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
_____________________________________________
Name of Bidder
By:__________________________________________
Title:_______________________________________
State of________________________ County of_______________________
___________________________________being duly sworn deposes and says that he is
______________________of_____________________________ and that (name of
organization) the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
___________________________________
Notary Public
My commission expires _______________.
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
15% of the contract.
ITEM SUBCONTRACTOR
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
SECTION 00440
SECTION 00450
SECTION 00460
SECTION 00470
BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification
must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(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. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
SECTION 00480
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (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 $100,000 for each such expenditure
or failure.]
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [CONTRACT DATE]
TO: [CONTRACTOR]
PROJECT: 8358 PITKIN STREET BIKEWAY
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Bid Date] for the above project has been
considered. You are the apparent successful Bidder and have been awarded an Agreement for
8358 Pitkin Street Bikeway.
The Price of your Agreement is ($ ).
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 [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully-signed counterpart of the Agreement with the Contract Documents attached.
City of Fort Collins
OWNER
By:_______________________________________
Gerry Paul
Purchasing Director
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (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 8358 Pitkin Street Bikeway.
ARTICLE 2. ENGINEER
The Project has been designed by Alta Planning & Design Inc., 711 SE Grand Ave.,
Portland, OR 97214. The City of Fort Collins Engineering Department is hereinafter called
ENGINEER and who will assume all duties and responsibilities and will have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion
of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Completed by the Contractor, in accordance with
Article 14 of the General Conditions, as evidenced by the issuance of certificate of
Substantial Completion, within Fifty (50) calendar days after the date when the
Contract Times commence to run.
3.2 The Work must be completed by the Contractor and ready for final payment in
accordance with Article 14 of the General Conditions within Ten (10) calendar days
after Substantial Completion.
3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence under this Agreement and that OWNER will suffer financial loss if the Work
is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR
shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Eight Hundred Dollars ($800) for each calendar day or fraction thereof after the date
of Substantial Completion as provided in Section 3.1 above.
2) Final Acceptance:
Eight Hundred Dollars ($800) for each calendar day or fraction thereof that after the
date of Final Acceptance as provided in Section 3.2 above.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: ($ ), in accordance
with Section 00300, attached and incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit Price
Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract
retainage five percent (5%) of each progress payment, but, in each case, less
the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner,
on recommendation of Engineer, Owner determines that the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of Work completed in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of the
Work completed. 95% of materials and equipment not incorporated in the
Work (but delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions) may be included in the application Section 00520 Page 3 for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if
necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or OWNER
may withhold in accordance with paragraph 14.7 of the General Conditions or
as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and with all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or furnishing
of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in paragraph 4.2 of the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in
paragraph 6.2 above) which pertain to the subsurface or physical condition at or
contiguous to the site or otherwise may affect the cost, progress, performance or
furnishing of the Work as CONTRACTOR considers necessary for the performance
or furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities
at or contiguous to the site and assumes responsibility for the accurate location of
said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to perform
and furnish the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between OWNER
and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of “Contract
Documents” in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions in
carrying out the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to
paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended, modified
or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but not without limitations, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge that assignor from any duty or responsibility
under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, Agreement and obligations
contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: ____________________________ By:_______________________________
GERRY PAUL
PURCHASING DIRECTOR Printed:____________________________
Date:___________________________ Title:____________________________
Date:_____________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:___________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 __________________________________
Fort Collins, CO 80522 __________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Senior Assistant City Attorney
SECTION 00530
NOTICE TO PROCEED
Description of Work: 8358 Pitkin Street Bikeway
To: [Contractor]
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:
By:
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.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
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.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins project, 8358 Pitkin Street Bikeway.
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 __ day of _________, 20__.
IN PRESENCE OF: Principal
______________________________ ________________________________________
______________________________ ________________________________________
(Title)
________________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
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.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins project, 8358 Pitkin Street Bikeway.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this __ day of , 20__.
IN PRESENCE OF: Principal
______________________________ By:___________________________________
______________________________ ______________________________________
(Title)
______________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
______________________________ ______________________________________
______________________________ ______________________________________
IN PRESENCE OF: Surety
______________________________ By:___________________________________
______________________________ By:___________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 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:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8358 Pitkin Street Bikeway
_____________________________
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
____________________________ OWNER: City of Fort Collins
____________________________ CONTRACTOR:
____________________________ CONTRACT DATE:
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under the
Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO
By:
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of Fort Collins,
Colorado, has accepted the Work completed by [Contractor] for the City of Fort Collins project,
8358 Pitkin Street Bikeway.
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
[Contract Date].
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: [CONTRACTOR] (CONTRACTOR)
PROJECT: 8358 PITKIN STREET BIKEWAY
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily
waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller
Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and
material bond rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished, delivered or performed for
the construction, design, improvement, alteration, addition or repair of the above
described project, against the OWNER or its officers, agents, employees or assigns,
against any fund of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land improved by the
project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its
officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of , 20__, by
.
Witness my hand and official seal.
Notary Public
My Commission Expires: .
SECTION 00651
LIEN WAIVER RELEASE
(SUBCONTRACTOR)
TO: CITY OF FORT COLLINS, COLORADO (OWNER)
FROM: [CONTRACTOR] (CONTRACTOR)
PROJECT: 8358 PITKIN STREET BIKEWAY
1. The Subcontractor acknowledges having received payment from the CONTRACTOR for
all work, labor, skill and material furnished, delivered and performed by the Subcontractor
for the CONTRACTOR 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 Subcontractor 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 Subcontractor 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 CONTRACTOR or its officers, agents, employees or assigns, against the project or
against all land and the buildings on and appurtenances to the land improved by the
project.
3. The Subcontractor 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 Subcontractor or its agents,
employees, and servants, or by and through the Subcontractor by various sub-
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 against the
CONTRACTOR or its officers, agents, employees or assigns arising out of the project.
4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the CONTRACTOR or OWNER, lender or Surety or their
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 an
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 CONTRACTOR, OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this ______ day of _________, ___.
SUBCONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
__________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
__________________________________
Notary Public
SECTION 00660
CONSENT OF SURETY
TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER")
CONTRACTOR: [CONTRACTOR]
PROJECT: 8358 PITKIN STREET BIKEWAY
CONTRACT DATE: [CONTRACT DATE]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
, ____ .
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
CDOT SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the corresponding paragraphs as
indicated of the General Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
conditions at the site of the Work:
N/A
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.3.2 Add the following:
The State of Colorado shall be added as an additional insured.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The State of Colorado shall be added as an additional insured.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000
combined single limits (CSL). This policy will include coverage for Explosion,
Collapse, and Underground coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits
of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.4.1 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
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
SC-FED Federal Terms & Conditions
A. The terms and conditions set forth in the following pages are hereby incorporated
as part of this Agreement.
DAVIS BACON WAGE RATES
General Decision Number: CO160024 01/08/2016
CO24 Superseded General Decision Number: CO20150024
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year
2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was 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
$10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours
spent performing on the contract in calendar year 2016. 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 01/08/2016
* ENGI0009-012 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
Rates Fringes
CARPENTER
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 andGrade 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
Larimier ........................................................ $ 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.
========================================================================
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 TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the
Federal Government does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or
submit covered claims and statements.
Model Clause/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 seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/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
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
None
None
unless1 non-
competitive
award
Those imposed
on state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/53
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/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 seq., (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.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
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 4220.1E, 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.
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/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following
language has been developed by FTA:
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by
the grantee including the manner by which it will be effected and the basis for settlement.
(For contracts with nonprofit organizations and institutions of higher education the
threshold is $100,000.) In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the
exception of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are
suggestions of clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected
by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner
of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or
are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [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
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.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 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. 5323(j) and 49 C.F.R. Part
661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock
must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(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. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(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. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(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. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow
for administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. This may include provisions for bonding, penalties for late or inadequate
performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are
developed will depend on the circumstances and the type of contract. Recipients should
consult legal counsel in developing appropriate clauses. The following clauses are
examples of provisions from various FTA third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the [title of employee] shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and
Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service 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
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 seq.
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.
CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds
$100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every
tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory
requirements:
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials,
or commodities which may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may
be involved with the transport of equipment, material, or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The
following language is proffered by FTA.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that “at least
partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.
40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual
construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a).
The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11)
enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the
model clause below should be coordinated with counsel to ensure the Acts’ requirements
are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classifications and wage rates conformed
under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification
prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator,
or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program, Provided, That the Secretary of Labor has found, upon the written request
of the contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause
to be withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), all or part of the wages
required by the contract, the [ insert name of grantee ] may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(2) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period
of three years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the [ insert name of grantee ] for transmission to
the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed,
as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
(3) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at
less than the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau
of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and
a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act’s requirements
are satisfied.
Clause Language
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of
the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding
$100,000, FTA may accept the bonding policy and requirements of the recipient,
provided that they meet the minimum requirements for construction contracts as
follows:
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).
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 seq., (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.
(d) Special DOL EEO Clause - In addition to the foregoing, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), the
Recipient agrees to comply, and assures that each Third Party Participant will
comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as
amended by Executive Order 11375, “Amending Executive Order 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.
(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.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to
grantees on the use of overall and contract goals, requirement to include DBE provisions
in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE
program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such
as that below must be included in all contracts above the micro-purchase level. The
requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns
retainage (see section 26.29). Grantee choices concerning retainage should be reflected
in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment
terms and conditions applicable to all subcontractors based in Part 26 as well as those
related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation of DBE
subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 5 %. A contract goal of 10 % 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.
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.
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@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: PITKIN STREET BIKEWAY
CONTRACTOR: [CONTRACTOR]
PROJECT NUMBER: 8358
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $60,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
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CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
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1
COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS
PITKIN BIKEWAY CORRIDOR
LARIMER COUNTY
FORT COLLINS, COLORADO
The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The
following special provisions supplement or modify the Standard Specifications and take precedence over the
Standard Specifications and plans.
STANDARD SPECIAL PROVISIONS INDEX................................................................................................................ 2
NOTICE TO BIDDERS ................................................................................................................................................... 4
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL .................................................................. 5
COMMENCEMENT AND COMPLETION OF WORK .................................................................................................... 6
REVISION OF SECTION 100 – GENERAL PROVISIONS ........................................................................................... 7
REVISION OF SECTION 101 - DEFINITION OF TERMS ............................................................................................ 8
REVISION OF SECTION 102 - PROJECT PLANS AND OTHER DATA ...................................................................... 9
REVISION OF SECTION 104 - LANE RENTAL FEE .................................................................................................. 10
REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT
ADJUSTMENT ............................................................................................................................................................. 12
REVISION OF SECTION 106 - CONTROL OF MATERIAL ........................................................................................ 14
REVISION OF SECTION 107 – PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND
INSURANCE ................................................................................................................................................................ 15
REVISION OF SECTION 108 – PROSECUTION AND PROGRESS ......................................................................... 17
REVISION OF SECTION 109 – MEASUREMENT AND PAYMENT........................................................................... 19
REVISION OF SECTION 201 – CLEARING AND GRUBBING .................................................................................. 20
REVISION OF SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS .......................................... 22
REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT ........................................................................ 23
REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS
CONSTRUCTED SURVEY)......................................................................................................................................... 24
REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING ........................... 26
REVISION OF SECTION 212 –TREE RETENTION AND PROTECTION .................................................................. 28
REVISION OF SECTION 213 – MULCHING ............................................................................................................... 30
REVISION OF SECTION 403 - HOT MIX ASPHALT .................................................................................................. 31
REVISION OF SECTION 601 - CONCRETE FINISHING ........................................................................................... 34
REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS ................................................................................. 35
REVISION OF SECTION 609 - CURB AND GUTTER ................................................................................................ 37
REVISION OF SECTION 610 - MEDIAN COVER MATERIAL .................................................................................... 38
REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES ................................................................................ 39
REVISION OF SECTION 623 - IRRIGATION SYSTEM .............................................................................................. 40
REVISION OF SECTION 627 - PAVEMENT MARKING ............................................................................................. 44
REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL ................................................................... 45
FORCE ACCOUNT ITEMS .......................................................................................................................................... 47
TRAFFIC CONTROL PLAN – GENERAL .................................................................................................................... 48
UTILITIES..................................................................................................................................................................... 50
COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS
2
PITKIN BIKEWAY CORRIDOR
LARIMER COUNTY
FORT COLLINS, COLORADO
STANDARD SPECIAL PROVISIONS INDEX
Name Date No. of Pages
Revision of Section 101 and 630 – Construction Zone Traffic Control (April 30, 2015) 2
Revision of Section 102 – Contents of Proposal Forms (April 9, 2015) 1
Revision of Section 105 – Construction Surveying (July 31, 2014) 1
Revision of Section 105 – Contractor Submittals Traffic Signal Pedestal Pole (February 3, 2011) 1
Revision of Section 105 – Violation of Working Time Limitation (February 3, 2011) 1
Revision of Section 106 – Buy America Requirements (November 6, 2014) 1
Revision of Section 106 – Certificates of Compliance and Certified Test Reports (February 3, 2011) 1
Revision of Section 106 – Material Sources (October 31, 2013) 1
Revision of Section 106 – Supplier List (January 30, 2014) 1
Revision of Sections 106 and 412 – Surface Texture of Portland Cement Concrete (October 29, 2015) 3
Pavement
Revision of Section 107 – Project Payrolls (May 2, 2013) 1
Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1
Insurance Types, and Coverage Limits
Revision of Section 107 – Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1
Revision of Sections 107 and 208 – Water Quality Control, Under One (April 30, 2015) 4
Acre of Disturbance
Revision of Section 108 – Delay and Extension of Contract Time (April 30, 2015) 2
Revision of Section 108 – Liquidated Damages (October 29, 2015) 1
Revision of Section 108 – Notice to Proceed (July 31, 2014) 1
Revision of Section 108 – Project Schedule (July 31, 2014) 6
Revision of Section 108 – Subletting of Contract (January 31, 2013) 1
Revision of Section 108 - Payment Schedule (Single Fiscal Year) (April 30, 2015) 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 Section 109 – Scales (October 29, 2015) 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 Sections 206 and 601 – Maturity Meters and Concrete Form (December 18, 2015)3
and Falsework Removal
Revision of Section 208 – Aggregate Bag (January 31, 2013) 1
Revision of Section 208 – Erosion Control Supervisor (April 30, 2015) 1
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 – Composition of Mixtures – Voids Acceptance (February 3, 2011) 1
Revision of Section 401 – Temperature Segregation (February 3, 2011) 1
Revision of Section 401 and 412 – Safety Edge (May 2, 2013) 2
3
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 Slump Acceptance (October 29, 2015) 1
Revision of Section 601 – QC Testing Requirements for Structural Concrete (May 8, 2014) 1
Revision of Section 601 – Structural Concrete Strength Acceptance (April 30, 2015) 1
Revision of Sections 601 and 701 – Cements and Pozzolans (November 6, 2014) 4
Revision of Section 603 – Culvert Pipe Inspection (October 2, 2014) 1
Revision of Sections 603, 624, 705, 707, and 712 – Drainage Pipe (April 30, 2015) 3
Revision of Section 702 – Bituminous Materials (October 29, 2015) 11
Revision of Section 703 – Aggregate for Hot Mix Asphalt (November 1, 2012) 2
Revision of Section 703 – Concrete Aggregate (July 28, 2011) 1
Revision of Section 712 – Water for Mixing or Curing Concrete (February 3, 2011) 1
Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10
Disadvantaged Business Enterprise (DBE) Requirements (Dec. 26, 2013) 9
Minimum Wages, Colorado, (January 8, 2016) 7
U.S. Department of Labor General Decision Number CO160024,
Highway Construction for Larimer, Mesa, and Weld counties.
On the Job Training (July 29, 2011) 3
Railroad Insurance (February 3, 2011) 1
Required Contract Provisions – Federal-Aid Construction Contracts (October 31, 2013) 14
Special Construction Requirements, Fire Protection Plan (November 1, 2012) 2
4
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier’s check, or bid bond in the amount of five (5) percent of
the Contractor’s total bid.
Pursuant to Subsections 102.04 and 102.05, it is recommended that bidders on this project attend the optional
pre-bid conference and review the work site and plan details with an authorized City representative. The pre-bid
conference will be the only time City representatives will be available for a site review. All bidding and technical
questions shall be submitted to the following City representative for clarification:
Buyer - Elliot Dale
215 North Mason Street
Fort Collins, CO 80522
Office Phone: (970) 221-6777
edale@fcgov.com
Project Manager - Dan Woodward
281 North College Avenue
Fort Collins, CO 80522
Office Phone: (970) 416-4203
dwoodward@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.
Questions received from bidders along with City responses will be posted as an addendum online at the City
of Fort Collins Rocky Mountain E-Purchasing System (RMEPS)
Webpage, www.rockymountainbidsystem.com as they become available.
All questions shall be directed to the City contacts listed above in accordance with Section 00020
INVITATION TO BID of the Bid Documents.
All references to the Colorado Division of Highways, Colorado Department of Transportation, and/or
Department or Division shall also mean City of Fort Collins.
5
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL
This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision,
the Bidder shall make good faith efforts to meet the following contract goal:
10 Percent DBE participation.
6
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract no later than 10 days from the date of the Notice to
Proceed, unless such time for beginning the work is changed by the Engineer. It is anticipated that construction
will commence in the Fall of 2016.
7
REVISION OF SECTION 100 – GENERAL PROVISIONS
Section 100 of the Standard Specifications is hereby revised for this project as follows:
All references to the State, the Department, the Engineer, the Chief Engineer, etc. shall be understood to mean
the City of Fort Collins, Colorado or the City’s designated representative.
END OF SECTION REVISION
8
REVISION OF SECTION 101 - DEFINITION OF TERMS
Certain terms utilized in the latest edition of the Colorado Department of Transportation Standard Specifications
for Road and Bridge Construction shall be interpreted to have different meanings within the scope of this
Contract. A summary of redefinitions follows:
Subsection 101.28: ―”Department” shall mean City of Fort Collins, Colorado.
Subsection 101.27: ―”Chief Engineer” shall mean City of Fort Collins, Colorado or their designated
representative.
Subsection 101.39: ―”Laboratory” shall mean City of Fort Collins, Colorado or their designated
representative.
Subsection 101.51: ―”Project Engineer” shall mean the City of Fort Collins, Colorado or their
designated representative.
Subsection 101.58 ―“Region Transportation Director” shall mean the City of Fort Collins, Colorado or
their designated representative.
Subsection 101.76 ―”State” shall mean City of Fort Collins, Colorado (where applicable).
END OF SECTION REVISION
9
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:
Bid 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 Rocky Mountain E-Purchasing System
(RMEPS), www.rockymountainbidsystem.com
END OF SECTION REVISION
10
REVISION OF SECTION 104 LANE RENTAL FEE
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.04 shall include the following:
(a) Lane Rental Fee. The Contractor shall pay a daily lane rental fee for lane closures on Lemay, Shields
Street, and Taft Hill Road during construction.
The Contractor will be granted the following lane rental allowances:
- 5 calendar days of single lane closures on Shields Street for the installation of the Shields Street
crossing between Springfield and the multi-use path.
- 5 calendar days of single lane closures on Lemay Avenue for the installation of traffic signal
foundations and medians
- 5 calendar days of single lane closures on Taft Hill Road for the installing/adjustment of traffic signal
foundations and medians
A lane rental day is defined as any single lane closure and each individual lane drop is considered one lane
closure. All lane closures are approved from 7:00 am to 3:30 pm for the project.
From these allowed lane-days, no deduction will be made from monies due the Contractor. Lane rental fees
for all lane-days in excess of the listed allowances above will be deducted from any monies due the
Contractor for work performed. The deduction will be based on the applicable rate for any and all closures,
whether work is performed or not. This deduction will be reflected in each progress payment. This
deduction is not a penalty, but is a rental fee based upon road user costs to occupy individual lanes on
Shields Street, Lemay Ave, and Taft Hill Rd.
The Engineer may determine that the lane rental fee will not be charged for lane closures for the following
reasons: additional work not covered in the scope of the project; acts of god, acts of the public enemy, fires,
floods, area wide strikes, freight embargos, and delays not caused by the Contractor’s fault or negligence. In
the case of unusually severe weather, a lane rental fee will not be charged for each weather day after the
second consecutive weather day.
The lane-day rental fee for closures on Shields, Lemay, and Taft Hill Road shall be $ 1,200.00 per lane-day.
A lane-day is measured as any day that a portion of a thru lane or signalized left turn lane is closed to traffic
on any arterial road.
.
The following will not be measured as lane-days:
Any day that a right turn lane is closed but a right turn is permitted from an existing thru-lane.
Any day that an opposable left turn lane is closed to traffic on an arterial road.
Any night work, specifically milling and paving operations during the course of the standard work
week. Night work construed as 7:00 PM to 7:00 AM. (Variance application needed for night work)
A single weekend allowance will be made only for asphalt milling and top lift paving. During this
single weekend, the City will not impose lane rental fees for lane closures on Shields. The weekend
will start at 7:00 PM on a Friday and end at 6:00 AM on the following Monday morning. If weekend
work is a selected alternative and work extends past the 60 hours for weekend as described, the
unapproved lane rental fee will be applied at $500.00 per lane / per hour for the occupancy of any
lanes needed to complete the paving operations. See traffic Control Specifications for more details
on weekend closure restrictions.
For approved daytime lane closures, a lane-day will be measured as any potion of time between the hours of
7:00 AM to 3:30 PM. If work extends beyond those approved working hours, an Unapproved Lane Rental
Fee will be charged per section (b).
For approved multi-day lane closure, the lane-day will be measured as a 24-hour period from 12:00 AM to
11:59 PM for each calendar day that the closure is approved and implemented.
11
Only 1 lane rental day will be charged for any single lane, regardless of the number of lane closures in that
lane.
For approved night time work during off-peak hours, a lane rental fee will not be charged.
A lane is considered closed when the number of available lanes is reduced from the number available prior
to the work.
Lane closures shall be documented in the Traffic Control Supervisor’s (TCS’s) diary each day that a lane
closure is in use. The diary shall be signed by the TCS and the Contractor’s representative. A copy of the
day’s diary shall be given to the Engineer at the end of each work day on which a lane closure is used.
(b) Unapproved Lane Rental Fee:
The Contractor will be charged a lane rental fee for any work that is performed outside of the approved
daytime hours that are permitted by the City Traffic Dept. on the approved MHT. The lane rental fee will be
measured as an hourly rate and will be rounded up to the nearest whole hour in excess of the permitted lane
closure time.
The Unapproved Lane Rental Fee for single daytime closures on Shields Street, Lemay Ave, and Taft Hill
Rd. shall be $ 500.00 per lane-hour.
The Unapproved Lane Rental Fee will be measured and applied separately to each thru lane or signalized
left turn lane that is impacted by an unapproved lane closure.
Approved daytime lane closure MHTs cannot be field modified into multiday lane closures to avoid the
Unapproved Lane Rental Fee.
The Unapproved Lane Rental Fee does not constitute an authorization to do work without an approved traffic
control plan.
END OF SECTION REVISION
12
REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT
ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.02 shall include the following:
j. Unless otherwise specified the work shall conform to ―Section 01110 – General Provisions in the City of
Fort Collins Development Construction Standards.
Subsection 105.05, 105.06, 105.07 shall be revised as follows:
Incentive and Disincentive Payments will not be used for this project.
Subsection 105.09 shall have the second paragraph replaced as follows:
In case of discrepancy the order of precedence is as follows:
(a) Contract Agreement
(b) Revisions to CDOT Standard Specifications (Project Special Provisions)
(c) Plans (Calculated dimensions will govern over scaled dimensions)
(d) Standard Special Provisions
(e) General Conditions
(f) CDOT Standard Specifications for Road and Bridge Construction
(g) CDOT M&S Standards
(h) City of Fort Collins Development Construction Standards
Subsection 105.11 shall include the following:
The Contractor shall coordinate with all utilities well enough in advance that utility improvements do not delay the
Contractor’s work.
Subsection 105.12 delete and replace with the following:
The City, County, CDOT, Colorado State University, and local utilities including but not limited to Xcel Energy,
Comcast and CenturyLink may contract for and perform other or additional work on or near the Work of the
project. When separate contracts are let within the limits of the project, each Contractor shall conduct the
Work without interfering or hindering the progress or completion of the work performed by other contractors.
Contractors working on the same project shall cooperate with each other as directed.
City forces will perform the following work as required by this project:
• Permanent Wayfinding Signing (Decision and Confirmation Signage for Pitkin Bikeway)
• Signing
• Traffic Signals – See Plans for details on Contractor Responsibility
• Street Lights
• Construction Surveying
13
Traffic Coordination
1. The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities.
This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection
movements, lane reductions, and detours.
City Traffic Control Contact: Syl Mireles
Phone: (970)221-6815
Email: smireles@fcgov.com
2. The Contractor will remove existing and install new traffic signal equipment in accordance with the plans.
The City and Contractor will share responsibility for installation of traffic signal equipment as detailed on
the plan set.
3. The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber
optic line relocation in conjunction with other project activities taking into account time needed for
order and delivery of materials. The Contractor shall cooperate with the City Traffic Department in
their removal and installation operations so that progress is expedited, duplication of work is
minimized, and impacts to traffic are minimized.
4. The City will install all permanent signing.
5. The Contractor will install all permanent pavement markings.
6. The Contractor is responsible for removal of pavement markings and installation and maintenance of
temporary pavement markings necessary to control traffic during construction. This work will not be
paid separately, but shall be included in Construction Traffic Control, Lump Sum. The Contractor shall
coordinate with the City Traffic Engineer to schedule permanent signing and striping work in
conjunction with other project activities. Full-compliance pavement markings in accordance with
Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate
with the City Traffic Department in their removal and installation operations so that progress is
expedited, duplication of work is minimized, and impacts to traffic are minimized.
Street Light Coordination
1. City Light and Power Crews will remove and install all street lighting and associated electric
utilities for the project outside of the Colorado State University (CSU) Campus. CSU will remove
and install all street lighting on campus.
City Light and Power Contact: Tyler Siegmund
Phone: (970) 416-2772
Email: tsiegmund@fcgov.com
2. The Contractor shall cooperate with the City Light and Power Department and Colorado State
University in their removal and installation operations so that progress is expedited, duplication of
work is minimized, and impacts to traffic are minimized. Refer to Utility specification for additional
information.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and
shall protect and save harmless the Owner from any and all damages or claims that may arise because of
inconvenience, delay, or loss because of the presence and operations of Contractors working within the limits of
the same or adjacent project.
Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be
identified in Contractor’s schedule. Delays due to coordination issues will be the responsibility of the contractor.
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the
Contractor.
END OF SECTION REVISION
14
REVISION OF SECTION 106 - CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03 shall include the following:
The City of Fort Collins will be responsible for all expenses associated with Quality Assurance (QA) and
Independent Assurance (IA) testing. The Contractor shall be responsible for all Quality Control (QC) testing
costs.
Test frequencies shall be in accordance with the project specifications, CDOT Field Materials Manual and the
approved Quality Control Plan (QCP).
The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid
pavements, and/or pavements whose condition would be significantly damaged by heavy loads.
Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only
to/from the north on Taft Hill Road to County Road 54G.
The City of Fort Collins has adopted a new Dust Prevention and Control Manual:
http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf. All operations conducted under this
Agreement shall be performed in accordance with the stated procedures and requirements.
END OF SECTION REVISION
15
REVISION OF SECTION 107 – PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND
INSURANCE
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.02 shall include the following:
Unless otherwise specified, the Contractor shall procure all required permits and licenses; pay all charges, fees,
and taxes, including permits procured for this project by others; and give all notices necessary and incidental to
the due and lawful prosecution of the work. The costs of these permits will not be paid for separately, but shall
be included in the work.
Below is a list of anticipated permits that will be required for the project. This list is provided as an aid and shall
not be interpreted as a complete list of all permits that may be required. It shall be the responsibility of the
Contractor to determine the type of permits required for the work. A copy of all permits shall be available on the
job site at all times.
1. Stormwater Discharge Permit Associated with Construction Activities (CDPHE)
2. Construction Dewatering Wastewater Discharge Permit (CDPHE) – If Required
3. Excavation Permit (City of Fort Collins)
4. Right-of-way Contractors License (City of Fort Collins)
5. Noise Emission Variance – City of Fort Collins Code Compliance (night work only)
Prior to beginning work, the Contractor shall furnish the Engineer with a written list of all permits required for the
proper completion of the contract. The list shall clearly identify the types of permits that must be obtained before
work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be
furnished to the Engineer upon request.
The Contractor shall comply with all applicable federal and state laws, orders, and regulations concerning the
control and abatement of water and air pollution.
The Contractor shall comply with the permits (or permit applications if in progress) even if they have not yet been
finalized at the time of construction.
Subsection 107.12 is hereby revised to include the following:
The Contractor shall limit his work operations to within public right-of-way, permanent utility easements and
temporary construction easements.
The Contractor shall fence specific areas of vegetation to be protected in the field as shown in the plans or as
directed by the Engineer. All construction operations must be performed in such a manner which will avoid
protected trees and landscape areas.
The Contractor shall perform all the work in such a manner that results in the least environmental damage.
The Contractor shall clearly mark the vegetation protection areas and all construction/demolition limits in the field
before commencing demolition operations. Limits of construction are generally defined as the limits of
demolition.
Subsection 107.18 is hereby revised to read:
For this project, all insurance certificates shall name the City of Fort Collins and the Colorado Department of
Transportation as an additionally insured party.
For this project, insurance coverage shall meet the requirements and limits per CDOT Standard Specifications
and Revision of Section 107 Responsibility for Damage Claims, Insurance Types and Coverage Limits. In case
of a conflict between the City’s General Contract Conditions and CDOT Standard Specifications, the more
stringent of the two shall apply.
16
Subsection 107.25(c) is hereby revised to include the following:
(c) Measurement and Payment.
Add the following to Paragraph 1:
All work associated with preparing, securing and concurring with the required permits (refer to Revision of
Subsection 107.02) will not be measured and paid for separately, but shall be included in the work.
END OF SECTION REVISION
17
REVISION OF SECTION 108 – PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule shall be a Critical Path Method or Bar Chart Schedule.
Salient features to be shown on the Contractor’s progress schedule are:
Mobilization
Construction Surveying (By City Forces)
Construction Traffic Control (Lane Closures, Shifts, Width Restrictions, etc.)
Clearing and Grubbing
Removals
Erosion Control
Medians
Utility Relocations and Coordination
Curb, Gutter and Sidewalk
Asphalt Pavement
Signing and Striping (Signing By City Forces)
Traffic Signals
Subsection 108.07 shall include the following:
It is anticipated that construction for this project will begin in early Fall 2016.
If a Notice to Proceed is not issued to the Contractor by September 30, 2016, the Contractor may submit a
written request for approval to move the work to Spring of 2017 and hold their unit prices. If an NTP is issued
after September 30, 2016 and the Contractor begins work in 2016, they may submit a written request for
approval to suspend work until Spring of 2017 due to inclement weather conditions. It is the City’s preference
that the work be complete in the Fall of 2016. All requests shall be submitted to the Project Manager for
approval.
If the Contractor suspends work it shall be the Contractor’s responsibility to ensure the job site is left in an
acceptable condition for the winter, and any maintenance of the jobsite shall be the responsibility of the
Contractor. The City shall give final concurrence on the jobsite conditions prior to suspension of the work and
may request winter maintenance at any time deemed necessary.
Prior to the commencement of work, the Contractor shall submit to the Project Manager, for approval, a schedule
showing the time of commencement and proposed progress of the work. In this schedule, the Contractor shall
anticipate and account for adverse weather conditions, utility coordination and time restrictions for lane closures.
If the Contractor falls behind the approved schedule, then all reasonable efforts shall be implemented to
accelerate the schedule and complete the work within the contract time. The Contractor shall furnish additional
resources (e.g. equipment, manpower, etc.) and implement other strategies to expedite the construction, at no
additional cost to the project.
The Substantial Completion for the Work shall occur within 50 calendar days following issuance of the Notice to
Proceed. When the Contractor considers the entire work ready for its intended use, he shall notify the Project
Manager in writing and request that the Project Manager issue the Notice of Substantial Completion. Within a
reasonable amount of time, the City, CDOT, and other stakeholders shall make an inspection of the work to
determine the status of completion. If the work is substantially complete, the Project Manager will issue the
Notice of Substantial Completion and attach a punch list of items to be completed or corrected prior to final
payment. Work items that are outside of the pavement limits and don’t require lane closure(s) or other disruption
to traffic may be performed after the substantial completion date.
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The Final Completion for the Work shall occur within 10 calendar days following issuance of the
Substantial Completion. When the Contractor considers the project has reached Final Completion, he shall notify
the Project Manager in writing and request that the Project Manager issue the Certificate of Final Acceptance.
Failure by the Contractor to complete the work on time will result in daily charges for liquidated damages.
Liquidated damages will be assessed per Section 108.09 of the Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction, latest edition. Contract time may be adjusted only through
Change Order. Any requests for extension of time due to conditions outside the Contractor’s control shall be
made in writing to the Project Manager within 48 hours of the cause of delay. The Project Manager shall respond
in writing within 48 hours of receiving the Contractor’s request.
Subsection 108.08 shall include the following:
Substantial Completion is defined as completion and acceptance of: removals, sidewalk, curb & gutter, curb
ramps, all concrete construction items, asphalt (top mat), topsoil placement, signing striping and all signal work.
Final Acceptance is defined as, completion and acceptance of: final grading, planting, removal of erosion control
devices (to the extent approved), completed punch list items, site clean-up and demobilization.
END OF SECTION REVISION
19
REVISION OF SECTION 109 – MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.02 shall include the following:
The City will not pay for defective work and will not pay for repair or additional work required to bring the project
to a point of acceptance. Where the Standard Specifications call for a possible reduced price adjustment, such
adjustments shall be at the sole discretion of the City of Fort Collins. The City may require such items of work to
be removed and replaced.
Bid prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
All work not specifically set forth as a pay item in the Bid Schedule shall be considered a subsidiary obligation of
the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of
work. Total Bid Prices shall be interpreted to cover all Work required by the Contract Documents.
END OF SECTION REVISION
20
REVISION OF SECTION 201 – CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.01 is hereby revised to include the following:
This work includes removal and disposal of concrete bases for ground signs, trees, stumps, shrubs, vegetation,
trash and any other items necessary to complete the improvements within the limits of the right-of-way,
easement areas, and other areas shown in the contract or required by the work. These items shall be removed
and disposed of by the Contractor during construction and prior to final acceptance of the project.
The Contractor shall contact the City of Fort Collins Arborist prior to pruning trees and shrubs.
Subsection 201.02 is hereby revised to include the following:
The Contractor may not dispose of clearing and grubbing materials on the project site. All unsuitable materials
generated by clearing and grubbing operations shall be legally disposed of off the project site.
The Contractor shall coordinate the limits of work with the Engineer prior to commencing clearing and grubbing.
The Contractor shall remove and dispose of all visible abandoned utility appurtenances that are located within the
work area or right-of-way and abandoned as a result of this project. These items shall not be disposed of within
the project limits. Removal of utility appurtenances shall not be measured and paid for separately, but shall be
included in the work for Item 201, Clearing and Grubbing. Refer to the Utility Special Provision for more
information.
Subsection 201.02, delete the third paragraph and replace with the following:
The limits of clearing and grubbing shall be confined to the limits of work. Areas of protection shall be
established by the Engineer prior to construction. All trees, shrubs, plants, grasses and other vegetative
materials within those areas of protection shall remain, except as designated by the Engineer.
If noxious weeds are found before grading, areas to be disturbed shall be pre-treated with either an approved
herbicide or mowing before grading.
Clearing and grubbing shall include the pruning of all trees that will remain within the final right-of-way. Pruning of
trees shall include removal of all branches that conflict with construction of the proposed improvements and all
dead branches.
Avoid the unnecessary removal of trees or shrubs; for example, prune the aerial portions of trees and shrubs that
hang over a project area and interfere with equipment.
Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (MBTA). The
active nesting season for most migratory bird species in Colorado is between April 1 and August 31. To avoid a
violation of the MBTA, conduct habitat-disturbing activities (tree removal, clearing and grubbing, etc.) in the non-
breeding season (September 1 to March 31). Clearing and grubbing of vegetation that may disturb ground
nesting birds shall be completed before birds begin to nest or after the young have fledged. If work activities are
planned between April 1 and August 31, vegetation shall be removed and/or trimmed to a height of six (6) inches
or less prior to April 1. Once vegetation has been removed and/or trimmed, appropriate measures, i.e. repeated
mowing/trimming, shall be implemented to assure vegetation does not grow more than six (6) inches. Failure to
maintain vegetation height of six (6) inches or less may postpone project construction.
Once all clearing and grubbing is completed and approved, no additional clearing shall be allowed unless
approved, in writing, by the Engineer.
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Subsection 201.04 shall include the following:
Payment for clearing and grubbing shall be on a lump sum basis and shall include removal and disposal of trees,
stumps, shrubs, trash, timber retaining walls and protruding objects designated for removal within the project limits
by the Engineer.
Payment will be made under:
Pay Item Pay Unit
Clearing and Grubbing Lump Sum
END OF SECTION REVISION
22
REVISION OF SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 is hereby revised to include the following:
This work includes the removal of items listed on the plans, as directed by the Engineer, or any other items
necessary to complete the improvements within the limits of the right-of-way, easement areas, and other
areas shown in the contract or required by the work. These items shall be removed and disposed of by the
Contractor during construction and prior to final acceptance of the project.
Subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed asphalt
with underlying material. The removed mat shall become the property of the Contractor and disposed of
outside the project site legally.
The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water.
BASIS OF PAYMENT
Subsection 202.12: The accepted quantities measured as provided above 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
Removal of Tree EA
Removal of Curb and Gutter LF
Removal of Asphalt SY
Removal of Concrete SY
Saw cutting required to complete any removal is incidental to the work and will not be measured or paid
separately. Work shall include all materials, equipment, labor and disposal of materials required to complete the
work.
END OF SECTION REVISION
23
REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.02 shall include the following:
(f) Potholing
Potholing of utilities, as required, shall be conducted by the Contractor to determine the location, depth, size and
material composition of utility lines, and potential conflict(s) with the work. Contractor shall review the plans and
determine the necessary pothole requirements to complete the work as specified, prior to determining bid price.
Potholing will be paid for per hour as necessary and no additional payment will be made for utility potholing.
Where required, concrete pavement removed during potholing operations shall be replaced with Class B concrete
in accordance with Revision of Section 412 of the Special Provisions and Section 412 of the Standard
Specifications.
Subsection 203.05, (f) Potholing, add the following to the second paragraph: Records of the potholed
utilities shall be surveyed and submitted to the Engineer.
Subsection 203.13 shall include the following:
(a) Excavation
Excavation shall be subsidiary to project work and will not be measured for payment.
(d) Potholing
Potholing will be paid for as per hour for investigative potholing requested by the Engineer. Potholing done to
facilitate the Contractor’s excavation or other activities shall be the responsibility of the Contractor.
(e) Proof Rolling
Proof Rolling shall be subsidiary to project work and will not be measured for payment.
Section 203.14 shall be revised to include the following:
Payment will be made under:
Pay Item Pay Unit
Backhoe HR
Potholing HR
Laborer HR
END OF SECTION REVISION
24
REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS
CONSTRUCTED SURVEY)
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Any “vehicle tracking pad” references within Section 208 shall have the same meaning as “stabilized construction
entrance”.
Subsection 208.03 shall include the following:
Erosion and sediment control measures shall be constructed at the locations shown in the Contract
Drawings and in accordance with the plan and erosion control details (CDOT Standard Plan No. M-208-1). As the
work progresses, the location and amount of erosion and sediment control installations may increase or decrease
depending on specific site conditions and weather conditions.
The full extent of erosion and sediment control installations will be determined on an as needed basis.
Installations will be reviewed by the Contractor on a daily basis. The effectiveness of installations will be
discussed at the construction progress meetings and revisions made accordingly.
Replace the last paragraph of Subsection 208.04(e)1 with the following:
No direct payment will be made for temporary stabilization. This work shall be considered subsidiary to the
project.
Delete paragraphs 6, 7 & 9 of Subsection 208.11 and replace with the following:
Removal of trash will not be measured but shall be conducted each day the construction activities are being
performed.
Erosion Control Supervisor will be measured by the total number of authorized 24 hour days used for erosion
control services specific to this project. An authorized 24 hour day of ECS will be every calendar day that the
ECS is required to be on the project performing the duties outlined in subsection 208.03(c). The Contractor shall
record the tasks that were performed by the Erosion Control Supervisor. The records shall be submitted to the
Engineer, weekly, after completion of the work, for approval and acceptance.
Stabilized Construction Entrance will be measured by the actual number constructed and accepted.
Revise Subsection 208.12 to include the following:
208.12 Erosion Control Supervisor and BMPs will be paid for at the Contract unit price for each of the items
listed below that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Erosion Control Lump Sum
The Erosion Control Pay Item will include all BMPs, an Erosion Control Supervisor, and any other associated
items shown on the construction plans. Payment for each BMP item under Erosion Control will be full
compensation for all work and materials required to furnish, install, maintain, remove, and dispose of it.
Provision of Aggregate Bag under Erosion Control, will include a protective safety cone as directed by the City
Engineer.
Payment for Erosion Control Supervisor will be full compensation for the erosion control supervisor and
all materials and equipment necessary for the ECS to perform the work. The ECS's commute time will not be
measured and paid for separately, but shall be included in the work.
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Payment will be made for BMPs replaced as approved by the Engineer.
Work performed to install measures for the control of erosion and sedimentation, and water pollution, for which
there is no bid item originally included in the Contract will be considered extra work in accordance with
subsection 104.03.
Temporary erosion and pollution control measures required due to the Contractor’s negligence, carelessness, or
failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the
Contractor's convenience, shall be performed at the Contractor’s expense.
If the Contractor fails to complete construction within the approved contract time, payment will not be made for
Section 208 pay items for the period of time after expiration of the approved contract time. These items shall be
provided at the Contractor's expense.
END OF SECTION REVISION
26
REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby revised for this project as follows:
MATERIALS
Subsection 212.02
Seed, Soil Conditioners, Fertilizers and Sod.
Replace “Species shall be as shown on the plans” (c) – Sod, with the following:
Turfgrass Sod: Certified Approved Number 1 Quality/Premium, including limitations on thatch, weeds,
diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its
"Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture,
strongly rooted, and capable of vigorous growth and development when planted.
Turfgrass Species: Sod of grass species as follows, with not less than 85 percent germination, not less
than 95 percent pure seed, and not more than 0.5 percent weed seed:
Type: Proportioned by weight as follows:
100 percent Kentucky bluegrass (Poa pratensis), a minimum of three improved varieties.
CONSTRUCTION REQUIREMENTS
Subsection 212.05
Sodding, (c) Fertilizing and Soil Conditioning.
Soil Conditioning - Soil conditioners (compost) was added to the pre-amended topsoil as described is Section
207. Additional / supplemental compost is not required as part of this Section.
Fertilizing - Contractor to use the following placeholder types and quantities for the establishment of bid pricing
only.
Nitrogen (N) 35 lbs. / acre
Phosphorous (P) 40 lbs. / acre
Potassium (K) 300 lbs. / acre
Calcium (Ca) 2,000 lbs. / acre
Magnesium (Mg) 600 lbs. / acre
Examination. Verify rough grading is within one-tenth of a foot. Verify site is free from obstructions, objects, or
structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do
not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor
shall be responsible for bringing all grading to final line and grade and creating positive drainage.
Clearing. Prior to soil preparation, existing vegetation not to remain and which might interfere with the specified
soil preparation shall be cleared, grubbed, raked, and the debris removed from the site. Prior to or during grading
or tillage operations the ground surface shall be cleared of materials which might hinder final operations.
Protection - Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface
element that may be damaged during ripping operations. Stake and/or paint locations with an easily visible
system that will enable equipment operators to avoid damaging buried utilities.
Roundup (glyphosate) Application. Apply to areas to be seeded a minimum of two (2) weeks after topsoil has
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been distributed and prior to seeding. Apply Roundup only when weeds are growing vigorously. Apply at
manufacturers maximum recommended rate.
BASIS OF PAYMENT
Subsection 212.08
Delete “Lawn Seeding” from the payment schedule.
Delete “Soil Conditioning” from the payment schedule.
Finish grading, utility locates, fertilizer and herbicide application will not be measured and paid for separately, but
shall be included in the work.
All soil and lawn restoration and sodding will be subsidiary to sidewalk construction and irrigation system work and
will not be considered for payment.
END OF SECTION REVISION
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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:
1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the
smallest and largest diameters at 6 inches above the ground for trees up to, and
including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size.
2) Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or
other vegetation to be protected during construction, and indicated on Drawings.
3) Tree-Protection Zone: Area surrounding individual trees or groups of trees to be
protected during construction, and defined by a circle concentric with each tree with
a radius 1.5 times the diameter of the drip line unless otherwise indicated.
4) Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
Subsection 212.02 shall include the following:
(d) Protection-Zone Fencing: Fencing fixed in position and meeting the following
requirements. Previously used materials may be used when approved by Engineer.
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: 4 feet
b. Color: High-visibility orange, nonfading.
Add Subsection 212.061 immediately following Subsection 212.06
212.061 Tree Retention and Protection City of Fort Collins Forestry Division
1. All tree protection and replacement requirements in LUC 3.2.1.F.G. shall be followed. Existing trees shall
be inventoried. All existing trees in the potential construction impact zone shall be numbered and
identified by species, size, condition, intent to save or remove and mitigation.
2. All tree pruning, removal and protection shall adhere to the requirements found in the City of Fort Collins
Tree Management Standards and Best Management Practices manual which was approved by the City
Manager March 31, 2010.
3. Existing trees marked for protection and preservation shall not be removed.
4. The critical root zone of each existing tree designated to be preserved shall be protected so that soil
compaction does not occur. This will include restricting equipment use and material storage in the critical
root zone of each tree.
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5. Avoid cutting surface roots whenever possible. All grading, sidewalk and paving levels should be
contoured sufficiently to avoid root or trunk damage. At any location where roots need to be disturbed or
cut, contact the City Forestry Division for review prior to any disturbance or cutting.
6. When root cutting is necessary, the cuts should be made using a sharp saw or appropriate tool so that
extra root tissue is not damaged. Cuts should be smooth, flush and completed very quickly after root
exposure occurs. Once the root cutting is complete, immediately cover the exposed root tissue with good
soil and then water the area to avoid root dehydration. Root pruning shall be reviewed by the City
Forestry Division and performed by a certified arborist for any roots over 2” in diameter.
7. Tree protection shall be set up and implemented prior to construction. Tree protection shall incorporate
the following criteria:
a. All existing trees to be retained in close proximity to any construction activity shall be protected using
a fencing material that meet or exceed the following criteria:
1) Fencing material would have a minimum height of 5 feet.
2) Fencing may consist of orange snow fencing or other suitable material.
3) Protection barrier fencing shall be supported by 1” X 1” metal posts or similar sturdy stock.
4) Concrete blankets or other suitable material shall be wrapped around the trunk of trees that
are in close proximity to actual construction activities. At a minimum, the bottom 6 feet of the
trunk shall be wrapped.
b. The actual location of tree protection fencing should be determined by an onsite meeting between the
Forestry Division representative and the appropriate contractor representative.
c. Partial fencing within the protection zone may be required as necessary.
d. There shall be no movement of equipment or storage of equipment, materials, debris, or fills or cuts
within the critical root zone area unless approved by the City Forestry Division.
e. Modification or removal of tree protection fencing or blanket wrap must be approved by the Forestry
Division prior to the removal of such protection.
8. Within the drip line of any tree marked for retention and preservation, there shall be no cut, excavation or
fill unless a qualified arborist or forester has evaluated and approved the disturbance. Approved cut,
excavation or fill within the drip line of existing trees must be accomplished using methods approved by a
qualified arborist and City Forestry Division. This may include the required use of hand tools or an air
spade when necessary.
9. In order to protect the critical root zone of each tree, or group of trees, to be retained, the following criteria
must be followed:
a. Equipment or material shall not be washed, cleaned or rinsed within the drip-line of any trees.
b. Equipment or materials shall not be stored within the drip-line of any trees.
c. Potentially harmful materials such as paints, oils, solvents, asphalt, concrete, motor oil or any
other material harmful to the life of a tree shall be kept out of the drip-line of any tree.
10. Attachments such as wires, cables, winches, ropes, signs, notices or permits shall not be fastened to any
protected tree.
11. All protected existing trees shall be pruned to the City of Fort Collins Forestry Standards. All required or
optional tree removal or pruning shall be performed by a private tree service holding a current City of Fort
Collins Arborist license.
12. Applying thick layers of wood mulch over a portion of the root system of existing trees may be directed at
individual locations to adequately prevent soil compaction during construction activity.
13. Loss or potential injury to any tree(s) shown to be retained due to contractor neglect or improper
construction activities will result in a penalty of up to full damages for the assessed value of the tree(s) as
determine by the City Forestry Division or qualified arborist using the Council of Tree and Landscape
Appraisers Guide for Plant Appraisal (most recent edition). Full loss or partial injury value will be
assessed to the contractor.
14. A fine of one-thousand dollars may be levied against the contractor for each incident of unnecessary
damage to existing trees by not following the tree protection notes. If a financial penalty is not imposed for
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a violation, the City project manager shall document the incident with an explanation of why a fine was
not imposed.
15. The contractor is responsible for scheduling tree inspections with the City Forester or consulting arborist
at critical phases of the project. There shall be daily coordination of field crews by the contractor during
the critical phases of the project to ensure the tree protection specifications as well as the direction
received from the City Forester or a consulting arborist is followed. Critical phases are defined as work
being conducted in proximity of trees to be protected or transplanted where any form of damage could
occur. Examples could be demolition of existing concrete, root pruning, construction of retaining walls and
construction of new curb.
16. The City Forestry Division shall be notified prior to any trenching, excavation or construction activity
known, or suspected, to involve cutting roots or damaging any of the above ground portions of a
preserved or transplanted tree.
17. When raising the grade around a tree, a dry well is required, when lowering the grade around a tree, a
retaining wall is required. In such instances approval is required by the City Forester.
18. Irrigation lines or any underground fixture requiring excavation deeper than six inches shall be
accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-
four inches. The auger distance is established from the face of the tree (outer bark) and is scaled from
tree diameter at breast height (see table).
19. Soil cultivation should not exceed 2 inches in depth within the drip line of any existing protected tree. The
grade should also not be raised more than 2 inches within the drip-line of any existing protected tree.
Tree Diameter at Breast Height (inches) Auger Distance From Face of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
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.
Subsection 212.08 shall include the following:
Tree retention and protection will be subsidiary to project work and will not be considered for payment.
END OF SECTION REVISION
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REVISION OF SECTION 403 - HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
Table 403-1
Property
Test
Method
Value For Grading
S (100)
Air Voids, percent at: N
(design)
CPL 5115
3.5-4.5
Lab Compaction
(Revolutions): N (design)
CPL 5115
100
Stability, minimum CPL 5106 30
Aggregate Retained on the
4.75 mm (No. 4) Sieve with at
least 2 Mechanically Induced
fractured faces, % minimum
CP 45
90
(80 for SG)
Accelerated Moisture
Susceptibility Tensile Strength
Ratio (Lottman), minimum
CPL 5109
Method B
80
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B
205 (30)
Grade of Asphalt Cement, Top
Layer
PG 64-22
Grade of Asphalt Cement,
Layers below Top
PG 64-22
Voids in the Mineral Aggregate
(VMA) % minimum
CP 48
Voids Filled with Asphalt
(VFA), %
AI MS-2 65 - 75
Dust to Asphalt Ratio Fine
Gradation Coarse Gradation
CP 50
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be
approached with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are
considered a coarse gradation if they pass below the maximum density line at the #4
screen.
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Table 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal Maximum
Size*, mm (inches)
***Design Air Voids **
3.5%
4.0%
4.5%
37.5 (1½) 11.5 12.0 12.5
25.0 (1) 12.5 13.0 13.5
19.0 (¾) 13.5 14.0 14.5
12.5 (½) 14.5 15.0 15.5
9.5 (⅜) 15.5 16.0 16.5
* The Nominal Maximum Size is defined as one sieve larger than the
first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids between those
listed.
*** Extrapolate specified VMA values for production air voids beyond
those listed.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This
plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall
be corrected before paving operations will be allowed to resume.
Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S). A
minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all
hot mix asphalt.
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving
operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's
Progress Schedule shall show the methods to be used to comply with this requirement.
Subsection 403.04 shall include the following:
In all asphalt patching and replacement areas, the depth should match the existing thickness.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton complete in place for the bituminous mixture.
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Grading S) (100) (PG 64-22) Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot
mix asphalt item will not be paid for separately, but shall be included in the unit price bid. The pay item includes
the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in
the work.
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Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for
separately, but shall be included in the work.
Emulsified asphalt for prime and tack coats will not be measured and paid for separately, but shall be
included in the Hot Mix Asphalt pay items.
END OF SECTION REVISION
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REVISION OF SECTION 601 - CONCRETE FINISHING
Section 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the
Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a
portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be
sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing
shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun.
Finishing tools made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in
accordance with current Industry standards. It shall identify the Contractor’s method for ensuring that the
provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference.
Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and
address issues affecting the quality finished concrete including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand
finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address
improperly placed material and how to remedy future hand finishing failures and bring the work into compliance
with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations.
In subsection 601.14(a) delete the fourth paragraph.
END OF SECTION REVISION
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REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.02 shall include the following:
Concrete for sidewalks and curb ramps shall meet all the requirements of a Class B concrete in Section
601 of the Standard Specifications. Class D may be substituted for class B concrete.
Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the M-
Standard Details. Truncated dome sections shall be “wet set” in the concrete, unless otherwise noted
on the plan set. Surface applied products or products that are installed on a sand bed will not be
allowed. Unless noted otherwise, truncated domes shall be brick red or tile red to provide color
contrast with the adjoining ramp surface. Bicycle specific detectable warnings shall meet the
requirements described above and green in color when noted in the plans. Approved truncated domes
manufacturers are listed in the table below.
Vendor Name Product Phone Number
TufTile Brick Red Detectable Warning Plates 888-960-8897
Transpo Industries, Inc. Green Detectable Warning Plates 800-626-4653
East Jordan Iron Works, Inc. Truncated Dome Plates 800-874-4100
Bicycle specific detectable warnings shall meet the requirements described above and green in color
when noted in the plans.
Subsection 608.03 shall include the following:
Concrete curb ramps shall be constructed in accordance with the horizontal layout shown on the plans
and in accordance with CDOT Standard Plan No. M-608-1. Subgrade under sidewalks and curb ramps
shall be moisture and density treated in accordance with Section 306, “Reconditioning.”
Concrete median noses shall be constructed in accordance with LCUASS “Standard Details for Raised
Median Geometry” Drawing 801.
Subsection 608.05 shall include the following:
Concrete Sidewalk shall be measured on a per square yard basis for the actual number of square yards
of sidewalk constructed at the specified thickness. Contractor shall coordinate with City Engineer for
limits of sidewalk reconstruction.
Concrete Curb Ramps and Concrete Aprons shall be included in the Concrete Sidewalk Pay Item. They
will be measured on a per square yard basis for the actual number of square yards of concrete curb
ramp and concrete apron constructed. The area of concrete ramp in the pay item shall include the
transition flares, detectable warnings, and pedestrian curbs if required. The pay limits shall be from the
back of the ramp to the back of the curb and gutter. Contractor shall coordinate with City Engineer for
limits of concrete apron reconstruction. Payment for the curb and gutter shall be included in the
respective curb and gutter bid item.
Subsection 608.06 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Sidewalk (6 Inch) Square Yard
Detectable Warnings Each
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This price shall be full compensation for all labor, materials and equipment necessary to complete the respective
items as well as proof rolling that is required for the subgrade.
END OF SECTION REVISION
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REVISION OF SECTION 609 - CURB AND GUTTER
Section 609 of the Standard Specifications is hereby revised for this project as follows:
Subsection 609.02 shall include the following:
Concrete for curb and gutter poured monolithically with adjacent concrete pavement as shown in the plans shall
be identical to that used for the specified adjacent concrete pavement. The gutter slope shall match the slope of
the adjacent roadway as shown on the plan details.
Concrete for curb and gutter not poured monolithically with adjacent concrete pavement shall meet all the
requirements of a Class B concrete in Section 601 of the Standard Specifications. Class P may be substituted
for class B concrete.
Subsection 609.03 shall include the following:
Subgrade under curb and gutter shall be moisture and density treated in accordance with
Section 306, “Reconditioning”.
Subsection 609.07 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Curb and Gutter Type 2 (Section B) Linear Foot
Modified Curb & Gutter (4” Rolled Curb, Match Existing) Linear Foot
In locations where modified curb and gutter is specified, the Contractor shall match the existing curb dimensions
and height.
END OF SECTION REVISION
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REVISION OF SECTION 610 - MEDIAN COVER MATERIAL
Section 610 of the Standard Specifications is hereby revised for this project as follows:
Subsection 610.02 shall include the following:
Colored concrete shall meet the requirements of Class B concrete in Section 601 of the Standard Specifications.
Class D may be substituted for Class B concrete. The concrete mixture will be a required submittal and typically
carries 100% passing of 3/8” and larger coarse aggregate and utilized the use of a chemical retarder, also a
required submittal.
Concrete bike medians shall meet the requirements of Class B concrete in Section 601 of the Standard
Specifications.
Coloring agent will not be used for the center and bike medians.
Subsections 610.04 and 610.05 shall include the following:
Measurement and payment for concrete shall be per square yard of work that is completed and accepted. This
shall include all labor, materials, equipment and incidentals necessary to complete the work. No separate
payment will be made for joint sealer, pre or post finish preparation, chemical retarder or expansion joint material.
Payment will be made under:
Pay Item Pay Unit
Median Cover Material (6” thick) Square Yard
Concrete Bike Median (6” thick Square Yard
END OF SECTION REVISION
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REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.01 shall be deleted and replaced with the following:
This work shall be done in accordance with the following, and in case of discrepancy the order of
precedence shall be as follows:
1. Project Special Provisions
2. Larimer County Urban Area Street Standards
3. Project Standard Specifications
4. CDOT Standard Specifications for Road and Bridge Construction 2011
5. The latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways
published by the FHWA and adopted by CDOT
END OF SECTION REVISION
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REVISION OF SECTION 623 - IRRIGATION SYSTEM
Section 623 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
Subsection 623.01 shall include the following:
This work consists of furnishing and constructing an irrigation system in accordance with these specifications
and in conformity with the lines and grades shown on the plans or established. This work also consists of
repairing any impacted private irrigation systems as a result of the work.
MATERIALS
Subsection 623.02 shall include the following:
General. All materials and equipment incorporated into the irrigation system shall be new and of recognized
standard quality. In the case of computer software or hard coded instructions, the latest available version
from the manufacturer is required. All materials shall be of a standard line from a name brand manufacturer,
or must be approved. All material used to repair existing systems shall be compatible with the existing
system.
Subsection 623.10 shall include the following:
Plastic Pipe and Fittings. All pipe shall be identified with the following indelible markings: manufacturer’s
name, nominal pipe size, schedule or class of pipe, pressure rating in pounds per square inch, date of
extrusion, and NSF seal of approval.
Plastic and Copper water lines listed below shall be paid for under section 619.
(a) Mainline Pipe. Mainline pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC)
compound in accordance with ASTM D 1784 and D 2466, cell classification 12454-B, Type I, Grade I.
Pipe sizes 3 inches and smaller shall be of the solvent weld type, and sizes larger than 3 inches shall
have rubber gasketed fittings. Fittings shall be standard weight schedule 40 injection molded PVC
conforming to ASTM D 1784 and D 2466, cell classification 12454-B. Threaded nipples shall be
schedule 80 PVC with molded threads conforming to ASTM D 2464. Threaded fittings shall be kept to a
minimum. Cement and cleaner for solvent weld pipe and fittings shall conform to ASTM D 2564.
(b) Lateral Line Pipe. Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin
polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell
classification 12454-B, Type I, Grade I.
Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and
D2466, cell classification 12454-B.
(c) Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime
Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee
with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch
pipe.
(d) Joint Cement and Primer –Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and
Dry Glue will be allowed.
(e) Irrigation Roadway and sidewalk sleeves. Sleeves shall be Class 200 PVC manufactured from virgin
polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell
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classification 12454-B, Type I, Grade I.
CONSTRUCTION REQUIREMENTS
Subsection 623.13 shall include the following:
Prior to impacting any irrigation systems, the contractor shall meet with the Project Engineer and the owner of the
system on site to discuss the current system setup. Any damage to the system resulting in leaks or running water
shall be repaired immediately.
General. Irrigation systems shall be installed in conformity with applicable local codes. Restored or repaired
irrigation systems shall conform with applicable local codes. Information on the plans shows general
locations only. The Contractor shall establish exact locations of all irrigation equipment to fit field conditions,
and locations will be approved by the Engineer prior to start of construction. Contractor shall maintain and
protect the approved staking layout. Prior to purchase of any irrigation equipment, the Contractor shall
submit a list of suppliers and specification sheets for all irrigation components. This submittal must be
approved by the Engineer before any equipment purchase is made. At the submittal stage, all changes in
equipment shall be brought to the attention of the Engineer.
Subsection 623.15 shall include the following:
Excavation and Backfill. Excavation and backfill shall conform to the requirements of Section 206 and
subsection 703.08(b) (Class 2 Structure Backfill), except that compaction of backfill outside of the roadway
prism may be done by water flooding, with the approval of the Engineer. The Contractor shall maintain
bottoms of trenches flat to permit all piping to be supported on an even grade. Where lines occur under
paved areas, dimensions shall be considered to be below the subgrade. All mainline pipe shall be bedded in
sand to allow a minimum of 2 inches of sand on all sides. Rock larger than 1 inch shall not be placed in the
backfill material.
Where it is necessary to excavate adjacent to existing trees or shrubs, the Contractor shall use all possible
care to avoid injury to the plant root system.
Subsection 623.16 shall include the following:
Pipe Installation. Minimum cover for irrigation pipe shall be as follows:
Lateral Pipes 18 inches below finished grade
Irrigation sleeving 30 inches below finished grade
All pipes under roadways shall be encased in a steel pipe sleeve which shall be jacked or placed in a hole
bored under present roadways, or in a steel or plastic pipe sleeve placed by trenching on new construction.
At least 4 inches of clearance shall be provided between lines and at least 4 feet of clearance between lines
of other trades. Parallel pipes shall not be installed directly over any other line. Manual drain valves shall be
installed at all low points in the mainline. Minimum grade of pipe to drains shall be 3 inches per 100 feet.
Plastic threaded fittings shall be assembled using teflon tape applied to male pipe threads only. Threaded
fittings shall be kept to a minimum. The Contractor shall tape all open ends of the pipe during installation to
Mainline Pipes 24 inches below finished grade
Pipe under roadways 30 inches below subgrade finished grade
Drip lines 8 inches below soil grade
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prevent entry of any foreign matter into the system.
Subsection 623.17 shall include the following:
Kick Blocks. Concrete kick blocks shall be installed when the following conditions occur on 3 inch or
greater mainline pressure pipe:
(1) 22 degree or greater change in pipe direction.
(2) Change in pipe size.
(3) Dead ends in pipes
Subsection 623.21 shall include the following:
System Flushing. After all irrigation pipelines and valves are in place and connected, and prior to
installation or repair of irrigation sprinklers, rotary heads, etc., the Contractor shall thoroughly flush all
lines with water at system operating pressure.
Subsection 623.23 shall include the following:
Inspections. Inspections by the Engineer or the Engineer’s representative can be made at any point
during construction. Milestone progress dates shall be established at the preconstruction meeting and
72-hour notice shall be given by the Contractor when a milestone event is approaching.
Subsection 623.24 shall include the following:
Irrigation As-Built Plans. The Contractor shall dimension from two permanent reference points, building
corners, sidewalk corners, road intersections or any permanent structures, the location of the following
items:
(1) Routing of irrigation mainline.
(2) Other related equipment as directed.
The Contractor shall provide an accurately detailed irrigation as-built layout of the irrigation system at the
same scale as the design plans and on 24 inch by 36 inch waterproof medium within 90 days after
installation is complete and before notice of substantial landscape completion as defined in subsection
214.04. An in-progress as-built plan shall be kept on the construction site at all times and available for
impromptu review by the Engineer or the Engineer’s representative.
Provision of the final as-built plan is a condition for final acceptance and release of retainage.
All changes in the irrigation system layout, including lateral layout, shall also be indicated on irrigation as-
built plans.
The Contractor shall provide finalized as-built plans to the Engineer at the time of Final Landscape
Acceptance.
Subsection 623.27 shall include the following:
Final Landscape Acceptance. Before final landscape acceptance is granted, the Contractor shall perform
an overall operation and pressure test and confirm the irrigation system is correctly functioning. This
includes the irrigation system for the property adjacent to the sidewalk along Pitkin and Shields. The
Contractor shall inspect every sprinkler and as necessary, raise or lower those sprinklers which are no
longer at the proper elevation relative to the finish grade as shown in the plans. The Contractor shall
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complete start-up (pressurization) and repair all damage to the irrigation system.
Subsection 623.28 shall include the following:
Cleanup. Upon completion of the work, the Contractor shall restore ground surfaces to required
elevations and remove excess materials, debris, and equipment from the site.
BASIS OF PAYMENT
Subsection 623.32 shall include the following:
The accepted quantities will be paid for at the contract unit price for the various items below that appear in
the bid schedule.
Payment for irrigation system will be made under:
Pay Item Pay Unit
Irrigation System (Restoration) LS
2.5 Inch Plastic Pipe (Bored) LF
Irrigation lines not bored will be paid for in the Irrigation System Pay Item. All irrigation repair and restoration
work as part of project works shall be included in the Irrigation System Pay Item.
Kick blocks, unions, fittings, filter fabric, valve access sleeves, valve boxes, piping and wire inside boxes,
keys, and aggregate for valves will not be paid for separately but shall be included in the work.
Structure excavation and backfill including compaction and water will not be paid for separately, but shall be
included in the work.
System flushing and adjustment, pressure and coverage tests, maintenance manuals, and training will
not be paid for separately but shall be included in the price of the work.
Detectable Underground Marking Tape will not be paid for separately, but shall be included in the work.
Warranty work will not be measured and paid for separately, but shall be included in the work.
END OF SECTION REVISION
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REVISION OF SECTION 627 - PAVEMENT MARKING
Section 627 of the Standard Specifications is hereby revised for this project as follows:
Subsection 627.09 shall include the following:
Bicycle pavement markings shall be applied in accordance with the plans and be applied in the color as shown
on the plans. All bicycle specific pavement markings are subject to approval by the Project Engineer and City of
Fort Collins. The markings shall meet the meet the following additional characteristics:
1. A durable, retroreflective thermoplastic pavement marking material suitable for use as roadway,
intersection, commercial or private pavement delineation and markings.
2. The markings must be a resilient white, yellow, or other color thermoplastic product with uniformly
distributed glass beads throughout the entire cross sectional area. The markings must be
resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids, antifreeze, etc.
Lines, legends and symbols are capable of being affixed to bituminous and/or Portland cement
concrete pavements by the use of the normal heat of a propane torch. Other colors shall be
available as required.
3. The markings must be capable of conforming to pavement contours, breaks and faults through
the action of traffic at normal pavement temperatures. The markings shall have resealing
characteristics, such that it is capable of fusing with itself and previously applied thermoplastic
when heated with the torch.
4. The markings shall not have minimum ambient and road temperature requirements for
application, storage, or handling.
5. The markings shall be installed per manufactures installation instructions to comply with
appropriate temperature, humidity and surface moisture specifications.
Subsection 627.13 shall include the following:
Each application of temporary pavement marking will not be measured and paid for separately, but shall be
included in the cost of Construction Traffic Control, Lump Sum.
Control points and Contractor pavement marking plans will not be measured and paid for separately but shall be
included in the work.
Payment will be made under:
Pay Item Pay Unit
Epoxy Pavement Marking Gallon
Thermoplastic Pavement Marking (Word-Symbol) Square Foot
Thermoplastic Pavement Marking (Xwalk-Stop Line) Square Foot
END OF SECTION REVISION
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REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic
control devices including but not limited to: signs, advance warning arrow panels, variable message boards,
barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins
Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways
(MUTCD) and Larimer County Urban Area Street Standards (LUCASS).
In the event of a conflict between the MUTCD and the City’s criteria, the City of Fort Collins specifications
shall govern.
Subsection 630.10(a) shall include the following:
For this project, a MHT shall be prepared and submitted for approval to the City Traffic Division by 12:00
noon, two working days prior to the commencement of work for simple lane closures. (Note: MHT’s for work
done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall
not be allowed. No phase of the construction shall start until the MHT has been approved. Failure to have an
approved MHT shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of
payment for all work and materials at that location, with no adjustment in the contract time.
The City has included phasing and traffic control plans for informational purposes only. All road and lane
closures are subject to approval by the City Traffic Department.
In Subsection 630.15, delete the 1st, 2nd, 3rd, and 4th paragraphs and replace with the following:
Flagging will be measured by the hour. Only actual hours of flagging performed and approved by the Engineer
will be measured for payment. This is defined as the time a flagger is performing flagging duties as authorized in
the approved traffic control plan. Set up of lane closures, maintenance of devices, extra flaggers to provide
breaks, and show up time are not actual flagging and will not be measured for payment.
Construction traffic control devices, including Barricades, Construction Traffic Signs, Drum Channelizing Devices
and Traffic Cones, Concrete Barriers will not be measured separately, but will be paid for on a lump-sum basis
under Construction Traffic Control.
No separate measurement will be performed on individual traffic control devices required to complete
construction traffic control for this project. Contractor shall meet all requirements in Section 630 of the Standard
Specifications. Measurement for Traffic Control Management, Traffic Control Inspection, and flagging shall be in
accordance with the Standard Specifications beginning with paragraph 5 of subsection 630.15.
In Subsection 630.16, delete the 1st, 2nd, and 4th paragraphs and replace with the following:
Payment for construction traffic control devices will be on a lump sum basis, and includes all labor, materials, and
equipment to perform the work required to construct the project and in accordance with Section 630 of the
Standard Specifications. No separate payment will be made for furnishing, erecting, cleaning, maintaining,
resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices.
The Contractor shall provide all traffic control devices as required upon developing his Method for Handling
Traffic (MHT) for each phase of the work. Depending on how the Contractor chooses to phase the work,
additional devices may be required to comply with the approved MHT and MUTCD. Payment for traffic control
devices will be on a lump sum basis. No additional payment will be made for traffic control devices that exceed
the quantities estimated in the plans.
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Payment for Traffic Control Management, Traffic Control Inspection, and Flagging shall be as specified below
and in the bid schedule. Partial payments for Traffic Control Devices will be made according to the following
schedule:
- 25 percent of the bid amount will be paid on the first pay request for work performed
- When 50 percent of the original contract amount is earned, 50 percent of the bid amount will be paid
- When 75 percent of the original contract amount is earned, 75 percent of the bid amount will be paid
- 90 percent of the bid amount will be paid when the project is substantially complete
- 100 percent of the bid amount will be paid on the final pay request
Payment will be made under:
Pay Item Pay Unit
Flagging Hour
Traffic Control Inspection Day
Traffic Control Management Day
Construction Traffic Control Lump Sum
The Construction Traffic Control Pay Item will cover all Section 630 work outside of flagging and traffic control
management and inspection.
END OF SECTION REVISION
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FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Department's estimate for force account items included in the Contract. The
estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payment bonds. Force Account work shall be performed as directed by the Engineer.
Minor Contract Revisions:
This item covers instances where the Project Engineer identifies work that needs to be performed and a specific
pay item is not included in the Contract. This consists of minor changes to the contract that would not
necessitate a formal Change Order.
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 Unit Amount
F/A Minor Contract Revisions F.A. $30,000
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TRAFFIC CONTROL PLAN – GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection
630.10(a).
The components of the TCP for this project are included in the following:
(1) Subsection 104.04 and Section 630 of the specifications
(2) Standard Plan S-630-1, Traffic Controls for Highway Construction and Standard Plan S-630-2 and all
revisions thereto
(3) Striping and Signing Plans
(4) Traffic Control Plans
(5) CDOT Region 4 Lane Closure Strategy or the approved Citywide Variance to the Lane Closure
Strategy
(6) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices
(U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction.
Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices.
Below is a link to CDOT’s Region 4 Lane Closure Strategy:
http://www.coloradodot.info/library/traffic/traffic-manuals-guidelines/lane-close-work-zone-safety/lane- closure-
strategies/R4_Lane_Closure_Report.pdf/view
Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic
movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption
to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to
that used for installation. This may require moving backwards through the work zone. When located behind
barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction
opposite to adjacent traffic.
No separate payment will be made for removal of existing pavement markings necessary for temporary lanes
shifts or other conditions proposed in the Contractor’s Method of Handling Traffic. All pavement markings,
interim and permanent, shall be installed in accordance with Section 627, the approved plans and the Manual on
Uniform Traffic Control Devices. Removal of existing pavement markings, if required, shall be considered
incidental to Pavement Marking Paint (Waterborne) (Temporary) and other related pay items. ―Blacking out‖
existing pavement markings will not be allowed.
CDOT may have entered into operating agreements with one or more law enforcement organizations for
cooperative activities. Under such agreements, at the sole discretion of CDOT, law enforcement personnel may
enter the work zone for enforcement purposes and may participate in the Contractor’s traffic control activities.
The responsibility under the Contract for all traffic control resides with the Contractor and any such participation
by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special
Provisions or General Notes of the plans depending on whether the Contractor is to contract with Colorado State
Patrol for uniformed traffic control. Nothing in this Contract is intended to create an entitlement, on the part of the
Contractor, to the services or participation of the law enforcement organization.
Special Traffic Control Plan requirements for this project are as follows:
During the construction of this project, traffic shall use the present traveled roadway or areas of new roadway
construction, unless identified on the plans or approved by the Engineer.
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless
approved by the Engineer.
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WORK HOURS
Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or
holidays without written approval from the Project Manager. All lane drops shall take place during the hours of
7:00 AM to 3:30 PM, Monday through Friday. Work requests beyond normal working hours must be submitted to
the Project Manager a minimum of 72 hours prior to the request date.
Work performed and material placed that interferes with traffic during the times and in the locations that the
roadway is specified to remain open will not be paid for unless the work is directed by the Engineer to be done
during those times.
At least one week prior to starting construction, the Contractor shall notify the City’s Engineer of the date the
Contractor intends to start construction.
The Contractor shall provide a Traffic Control Supervisor (TCS) with at least two (2) years of experience, as
accepted by the Engineer, as the Traffic Control Supervisor. A copy of the certification of the Traffic Control
Supervisor shall be provided to the Engineer at least two days prior to the project preconstruction conference.
All lane closures shall be subject to the approval of the Engineer. A MHT shall be approved by the Engineer prior
to any request for a lane closure. Request for each lane closure shall be made at least twenty-four hours in
advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless
being utilized continuously for the intended purpose for which they were set up.
The Contractor shall remove and reset all existing signs prior to performing any work that affects those signs. All
signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no cost to
the project. An inventory of all existing signs shall be made with the Engineer prior to beginning work.
All costs incidental to the foregoing requirements shall be included in the original contract prices for the project.
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UTILITIES
Known utilities within the limits of this project are:
Century Link (TV/Telecom) Bill Johnson (970) 490-7501
City of Fort Collins Water & Sewer Andrew Gingerich (970) 221-6232
City of Fort Collins Stormwater Wes Lamarque (970) 416-2418
City of Fort Collins Light & Power Luke Unruh (970) 416-2724
City of Fort Collins Traffic Signals Britney Sorenson (970) 416-2268
Comcast (Cable TV) Don Kapperman (970) 484-7166
XCEL Energy (Gas) Stephanie Rich (970) 225-7828
CSU (On-campus Lighting) Laura Bentley (970) 492-4161
The Contractor shall coordinate with the Project Engineer and any appropriate utility company to facilitate the
installation, placement and relocation of all utilities impacted on this project.
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in accordance with subsection 105.11 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project.
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 Contractor shall coordinate the work with the owners of the utilities impacted by the work. Coordination
with utility owners includes, but is not limited to, staking construction features, providing and periodically
updating an accurate construction schedule which includes all utility work elements, providing written
notification of upcoming required utility work elements as the construction schedule indicates, allowing the
expected number of working days for utilities to complete necessary relocation work, conducting necessary
utility coordination meetings, applying for and obtaining power or communication services in the City’s name
and all other necessary accommodations as directed by the Project Engineer. Surveying and/or staking of
utility relocations to be performed by the owner shall be the responsibility of the utility owner.
Prior to excavating or performing any earthwork operations, the Contractor shall positively locate all potential
conflicts with existing underground utilities and proposed construction, as determined by the Contractor
according to proposed methods and schedule of construction. The Contractor shall modify construction plans
to avoid existing underground facilities as needed, and as approved by the Engineer.
Please note that UNCC marks only its member’s facilities – Other facilities, such as ditches and drainage
pipes and CDOT’s fiber optic system may exist, and it is the Contractor’s responsibility to investigate, locate
and avoid such facilities.
The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as
directed by the Project Engineer.
GENERAL:
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have
locations of UNCC registered lines marked by member companies. All other underground facilities shall be
51
located by contacting the respective company. Utility service laterals shall also be located prior to beginning
excavating or grading.
The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained
from the best available information. The Contractor shall coordinate with the utility companies regarding
protection and/or relocating the utilities to accommodate the proposed improvements. This work shall be
figured in to the Contractor’s schedule to complete the work within the specified construction duration. All costs
incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
FINAL OFFICE REVIEW (FOR) PLANS OF PROPOSED
PITKIN STREET BIKEWAY
CITY OF FORT COLLINS
CONSTRUCTION PROJECT CODE NO. 20664
PROJECT NO. TAP M455-120
LARIMER COUNTY, COLORADO
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CLEARVIEW AVENUE
TAFTHILL ROAD
PITKIN STREET
COLLEGE AVENUE
PITKIN STREET
PITKIN STREET
LORY STREET
LEMAY AVENUE
REMINGTON STREET
PITKIN STREET
SHIELDS STREET
SPRINGFIELD DRIVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
TAFT HILL RD
CLEARVIEW AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
MATCH LINE STA 11+00
SEE SHEET 13
NOTES:
1. CONTRACTOR TO COORDINATE WITH PROPERTY OWNER FOR
IRRIGATION REPAIRS. ALL WORK SHALL BE PAID UNDER ITEM 623 -
IRRIGATION RESTORATION.
PITKIN ST
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
MATCH LINE STA 11+00
SEE SHEET 12
MATCH LINE STA 12+30
SEE SHEET 14
NOTES:
1. CONTRACTOR TO COORDINATE WITH PROPERTY OWNER FOR
IRRIGATION REPAIRS. ALL WORK SHALL BE PAID UNDER ITEM 623 -
IRRIGATION RESTORATION.
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
MATCH LINE STA 12+30
SEE SHEET 13
PITKIN ST
LORY ST
LEMAY AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
TAFT HILL RD
CLEARVIEW AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
NOTES:
1. CONTRACTOR TO PROVIDE AND MAINTAIN ALL
NECESSARY EROSION CONTROL MEASURES PRIOR TO
AND THROUGHOUT CONSTRUCTION. PLACE EROSION
CONTROL PROTECTION AT ALL EXISTING INLETS
DOWNSTREAM FROM THE CONSTRUCTION AREA.
EROSION CONTROL PROTECTION SHALL REMAIN IN
PLACE UNTIL CONSTRUCTION IS COMPLETE.
2. THE EXTENT OF EROSION CONTROL PROTECTION
SHALL BE OBSERVED AND ADJUSTED AS NEEDED
DURING CONSTRUCTION BASED ON SITE CONDITIONS
AND THE PERFORMANCE OF THE EROSION CONTROL
CONTROL MEASURES SHOWN, TO SUPPLY SUFFICIENT
EROSION CONTROL AND MINIMIZE DOWNSTREAM
WATERWAY POLLUTION.
3. CURB RAMPS PER LCUASS DETAIL 1603 AND
TRUNCATED DOMES PER LCUASS DETAIL 1607. ALL
ADA RAMPS AND ASSOCIATED CONCRETE CURB TO BE
INCLUDED IN THE CONCRETE SIDEWALK PAY ITEM.
4. PLACE INLET PROTECTION AT NEAREST DOWNSTREAM
INLET.
LEGEND
INLET PROTECTION (TYPE I)
(SEE NOTE 4)
GRAVEL BAG
SPOT ELEVATION LEGEND
ME - MATCH EXISTING
FL - FLOWLINE
TC -TOP OF CURB
BW - BACK OF WALK
SPRINGFIELD DR
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
MATCH LINE STA 11+00
SEE SHEET 18
NOTES:
1. CONTRACTOR TO PROVIDE AND MAINTAIN ALL
NECESSARY EROSION CONTROL MEASURES PRIOR TO
AND THROUGHOUT CONSTRUCTION. PLACE EROSION
CONTROL PROTECTION AT ALL EXISTING INLETS
DOWNSTREAM FROM THE CONSTRUCTION AREA.
EROSION CONTROL PROTECTION SHALL REMAIN IN
PLACE UNTIL CONSTRUCTION IS COMPLETE.
2. THE EXTENT OF EROSION CONTROL PROTECTION
SHALL BE OBSERVED AND ADJUSTED AS NEEDED
DURING CONSTRUCTION BASED ON SITE CONDITIONS
AND THE PERFORMANCE OF THE EROSION CONTROL
CONTROL MEASURES SHOWN, TO SUPPLY SUFFICIENT
EROSION CONTROL AND MINIMIZE DOWNSTREAM
WATERWAY POLLUTION.
3. CURB RAMPS PER LCUASS DETAIL 1603 AND
TRUNCATED DOMES PER LCUASS DETAIL 1607. ALL
ADA RAMPS AND ASSOCIATED CONCRETE CURB TO BE
INCLUDED IN THE CONCRETE SIDEWALK PAY ITEM.
4. CURB HEIGHT VARIES 6" AT STREET FLOWLINE TO 0"
AT BACK OF RAMP/FACE OF SIDEWALK.
LEGEND
INLET PROTECTION (TYPE I)
GRAVEL BAG
SPOT ELEVATION LEGEND
ME - MATCH EXISTING
FL - FLOWLINE
TC -TOP OF CURB
BW - BACK OF WALK
PITKIN ST
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
MATCH LINE STA 11+00
SEE SHEET17
2. THE EXTENT OF EROSION CONTROL PROTECTION
SHALL BE OBSERVED AND ADJUSTED AS NEEDED
DURING CONSTRUCTION BASED ON SITE
CONDITIONS AND THE PERFORMANCE OF THE
EROSION CONTROL CONTROL MEASURES SHOWN,
TO SUPPLY SUFFICIENT EROSION CONTROL AND
MINIMIZE DOWNSTREAM WATERWAY POLLUTION.
3. CURB RAMPS PER LCUASS DETAIL 1603 AND
TRUNCATED DOMES PER LCUASS DETAIL 1607. ALL
ADA RAMPS AND ASSOCIATED CONCRETE CURB TO BE
INCLUDED IN THE CONCRETE SIDEWALK PAY ITEM.
LEGEND
INLET PROTECTION (TYPE I)
GRAVEL BAG
MATCH LINE STA 12+30
SEE SHEET 19
SIDEWALK W/ THICKENED EDGE
NTS
SPOT ELEVATION LEGEND
ME - MATCH EXISTING
FL - FLOWLINE
TC -TOP OF CURB
BW - BACK OF WALK
NOTES:
1. CONTRACTOR TO PROVIDE AND MAINTAIN ALL
NECESSARY EROSION CONTROL MEASURES PRIOR TO
AND THROUGHOUT CONSTRUCTION. PLACE EROSION
CONTROL PROTECTION AT ALL EXISTING INLETS
DOWNSTREAM FROM THE CONSTRUCTION AREA.
EROSION CONTROL PROTECTION SHALL REMAIN IN
PLACE UNTIL CONSTRUCTION IS COMPLETE.
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
NOTES:
1. CONTRACTOR TO PROVIDE AND MAINTAIN ALL
NECESSARY EROSION CONTROL MEASURES PRIOR TO
AND THROUGHOUT CONSTRUCTION. PLACE EROSION
CONTROL PROTECTION AT ALL EXISTING INLETS
DOWNSTREAM FROM THE CONSTRUCTION AREA.
EROSION CONTROL PROTECTION SHALL REMAIN IN
PLACE UNTIL CONSTRUCTION IS COMPLETE.
2. THE EXTENT OF EROSION CONTROL PROTECTION
SHALL BE OBSERVED AND ADJUSTED AS NEEDED
DURING CONSTRUCTION BASED ON SITE CONDITIONS
AND THE PERFORMANCE OF THE EROSION CONTROL
CONTROL MEASURES SHOWN, TO SUPPLY SUFFICIENT
EROSION CONTROL AND MINIMIZE DOWNSTREAM
WATERWAY POLLUTION.
3. CURB RAMPS PER LCUASS DETAIL 1603 AND
TRUNCATED DOMES PER LCUASS DETAIL 1607. ALL
ADA RAMPS AND ASSOCIATED CONCRETE CURB TO BE
INCLUDED IN THE CONCRETE SIDEWALK PAY ITEM.
4. PLACE INLET PROTECTION AT NEAREST DOWNSTREAM
INLET.
LEGEND
INLET PROTECTION (TYPE I)
(SEE NOTE 4)
GRAVEL BAG
MATCH LINE STA 12+30
SEE SHEET 18
SPOT ELEVATION LEGEND
ME - MATCH EXISTING
FL - FLOWLINE
TC -TOP OF CURB
BW - BACK OF WALK
PITKIN ST
LORY ST
LEMAY AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
NOTES:
1. CONTRACTOR TO PROVIDE AND MAINTAIN ALL NECESSARY EROSION
CONTROL MEASURES PRIOR TO AND THROUGHOUT CONSTRUCTION.
PLACE EROSION CONTROL PROTECTION AT ALL EXISTING INLETS
DOWNSTREAM FROM THE CONSTRUCTION AREA. EROSION CONTROL
PROTECTION SHALL REMAIN IN PLACE UNTIL CONSTRUCTION IS
COMPLETE.
2. THE EXTENT OF EROSION CONTROL PROTECTION SHALL BE
OBSERVED AND ADJUSTED AS NEEDED DURING CONSTRUCTION
BASED ON SITE CONDITIONS AND THE PERFORMANCE OF THE
EROSION CONTROL CONTROL MEASURES SHOWN, TO SUPPLY
SUFFICIENT EROSION CONTROL AND MINIMIZE DOWNSTREAM
WATERWAY POLLUTION.
3. CURB RAMPS PER LCUASS DETAIL 1603 AND TRUNCATED DOMES PER
LCUASS DETAIL 1607. ALL ADA RAMPS AND ASSOCIATED CONCRETE
CURB TO BE INCLUDED IN THE CONCRETE SIDEWALK PAY ITEM.
4. PLACE INLET PROTECTION AT NEAREST DOWNSTREAM INLET.
LEGEND
INLET PROTECTION (TYPE I)
(SEE NOTE 4)
GRAVEL BAG
SPOT ELEVATION LEGEND
ME - MATCH EXISTING
FL - FLOWLINE
TC -TOP OF CURB
BW - BACK OF WALK
BIKE MEDIAN TYPICAL SECTION A-A
NTS
BIKE MEDIAN TYPICAL SECTION B-B
NTS
BIKE MEDIAN TYPICAL SECTION C-C
NTS
NOTE:
1. ASPHALT PATCH SHALL BE A MINIMUM 1 INCH
THICKER THAN EXISTING ASPHALT SECTION.
MINIMUM THICKNESS FOR LOCAL RESIDENTIAL
STREET IS 6 INCHES FOR FULL DEPTH ASPHALT
STREETS. ASSUMED ASPHALT SECTION FOR THE
BID TAB IS 6" HMA GRADING S (100) (PG 64-22).
HMA = 147 lbs/sf.
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SHIELDS ST
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
R
Know what's below.
Call before you dig.
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
R
Know what's below.
Call before you dig.
S OVERLAND TRAIL
W LAKE ST
PROSPECT RD
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
W LAKE ST
WILDWOOD RD
CEDARWOOD DR
FLEETWOOD CT
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CYPRESS DR
FUQUA DR
ASH DR
PONDEROSA DR
W LAKE ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CLEARVIEW AVE
CYPRESS DR
ASH DR
FUQUA DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
HILLCREST DR
PONDEROSA DR
BRIARWOOD RD
CLEARVIEW AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CLEARVIEW AVE
TAFT HILL RD
MEADOWBROOK DR
GLENMOOR DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
TAFT HILL RD
CLEARVIEW AVE
CLEARVIEW AVE
6'
13'
14'
14'
6.5'
5.7'
12.5'
6.5'
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CLEARVIEW AVE
CASTLEROCK DR
OAKWOOD DR
SKYLINE DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
CASTLEROCK DR
SKYLINE DR
SHAMROCK ST
BRENTWOOD DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
CONSTITUTION AVE
S BRYAN AVE
SOUTHRIDGE DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
LYNNWOOD DR
BENNETT RD CITY PARK AVE
FAIRVIEW DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
DEL MAR ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
JAMES CT
BURTON CT
PITKIN ST
SPRINGFIELD DR
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
SHIELDS ST
13'
6'
14.5'
5.7'
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SHIELDS ST
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
JAMES CT
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
MERIDIAN AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
CENTER AVENUE MALL
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
EAST DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
WAIT HERE
PITKIN ST
COLLEGE AVE
S MASON ST
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
STOP
PITKIN ST
MASON
TRAIL
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
COLLEGE AVE
PITKIN ST
WAIT HERE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
5'
10' (EX.)
10' (EX.)
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
MATHEWS ST
PETERSON ST
REMINGTON ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
WHEDBEE ST
SMITH ST
CIRCLE DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
STOVER ST
NEWSOM ST
ELLIS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
LORY ST
MORGAN ST
GREEN ST
ROBERTSON ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
LEMAY AVE
LORY ST
YOUNT ST
LUKE ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
LORY ST
LEMAY AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
PALTON ST
WELCH ST
EMIGH ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
HAYS ST
BAKER ST
MONTGOMERY ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
LA PLATA AVE
RIVERSIDE AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
“
” “
“ ” “ ”
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
TAFT HILL RD
CLEARVIEW AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
TAFT HILL RD
CLEARVIEW AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
SHIELDS ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SHIELDS ST
SPRINGFIELD DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
LEMAY AVE
LORY ST
PITKIN ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
LEMAY AVE
PITKIN ST
LORY ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CLEARVIEW AVE
BRIARWOOD RD
HILLCREST DR
PONDEROSA DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
6'
13'
14'
14'
6.5'
5.7'
12.5'
6.5'
TAFT HILL RD
CLEARVIEW AVE
CLEARVIEW AVE
MONTVIEW RD
MEADOWBROOK DR
GLENMOOR DR
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
SPRINGFIELD DR
DEL MAR ST
CITY PARK AVE
LYNNWOOD DR
FAIRVIEW DR
BENNETT RD
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
13'
6'
14.5'
5.7'
SPRINGFIELD DR
SHIELDS ST
BENNETT RD
BURTON CT
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
SHIELDS ST
BENNETT RD
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
5'
10' (EX.)
10' (EX.)
WAIT HERE
PITKIN ST
COLLEGE AVE
PITKIN ST
MASON
TRAIL
REMINGTON AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
LORY ST
LEMAY AVE
PITKIN ST
ROBERTSON ST
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
PITKIN ST
YOUNT ST
LEMAY AVE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
DOTTED WHITE LINES DETAIL
BICYCLE BOX DETAIL
YIELD LINE DETAIL
WAIT HERE
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
BICYCLE LANE SYMBOL
FORT COLLINS CRUISER PAVEMENT MARKINGS BICYCLE LANE SYMBOL WITH ARROW
BICYCLE LANE SYMBOL WITH GREEN BACKGROUND
BICYCLE LANE SYMBOL WITH ARROW AND GREEN BACKGROUND
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
CHEVRON DETAIL
SHARED LANE MARKING
SHARED LANE MARKING PLACEMENT
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
www.altaplanning.com
Denver, CO 80202
Suite 100
1836 Blake Street 1218 W. Ash, Suite A
Windsor , Colorado 80550
Phone: (970) 674-3300
Fax: (970) 674-3303
I N T E R W E S T C O N S U L T I N G G R O U P
Gradations for mixes with a nominal maximum aggregate size of ¾ inch or smaller are
considered a coarse gradation if they pass below the maximum density line at the #8
screen.
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
1.0 percent below the mix design optimum.
11
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
Yes3
Yes3
Those imposed
on non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes