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113060 MOUNTAIN CONSTRUCTORS INC - CONTRACT - BID - 8157 MCCLELLAND DRIVE RIGHT TURN LANE
City of Fort Collins Purchasing SPECIFICATIONS Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing CONTRACT DOCUMENTS FOR MCCLELLAND DRIVE RIGHT TURN LANE BID NO. 8157 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS SEPTEMBER 4, 2015 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS N� �, CNN• N� 4 �N 7iiTT:ii � ReceiptandApplication oflnsumnceProceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 53 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shal I be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection he made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach- if no such agreement among the parties in interest is reached, OWNTER as tiducialryshall adjust and settle the loss with the insurers Acceptance of Bondv and Insurance; Option to Replace 5.14. If OWNER. has any objection to the coverage afforded by or other provisions of the Bonds-cx insurance required to be purchased and maintained by the —party, CONTRACTOR in accordance with Article 5 on the basis of reel conformance with the Contract Documents, Vie tbjectatg* party shall so notifythe other party OWNER will notify_ 1TRC Q1? in writing within tent fiftgr,n days after reeetpt delivory of the certificates (or offier tx a requested) tq_DVIbaT a; required by paragraph 2.7. ..Heh pf .e eie �lne other suslr additional 3nfertttanion tii respect-vt irttstuanse pr0victe4-as the -other-mey-rera:,cxmbly-naquest- 4 04henr party-does-nobpureitase or -maintain all oaf -the -Berms and tnsuransem-required_-of- sucii--patty_--by the ---Contract y-tkne�y �n wnW� such -failure to-purehase prior to the start of the or-retnedy; -the-other-party_.may_Ae et--to.obtain-equivalent Bcjncls car irtsuraitce boprottet-suLh•other-party's interests at the expense of -the party -who -was require d to -provide such oovemge, and a ghange OfdeF shall be issue-4 to + ust LontraetRicee wordingly. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC OENEM CONUlllOn l910-8 (1990 Edition) w! CITY OF FORT COLLINS MOMFICAT1ONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBIMIES Supernicion and Superintendence.• 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Uocumcnts 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and 13-4GINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Jlaterials and Equipment: 63. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OW .ER's written consent Oven after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the E'I1GD EEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday. Holidays or outside the Regular Working Hones. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor. transportation, construction equipment and machinery, tools, appliances, fuel, power, light, beat, telephone, water, sanitary facilities, tearporary tacilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasin Restrictions: CONTRACTOR must comply with the City's purchasing, restrictions_ A cogy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerks office. b_4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not mach in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of goa3 quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNF,R, if required by JNGIATEFR, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. �'111 materials and equipment shall be applied, installed, connected, erected, usect cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents, Progress Schedule: 6A CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 29 as it may be adjusted from time ki time as provided below. 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submittal in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Ameridment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a frartieular Supplier, the specification or description is untended to establish the type, function and quality required. Unless the specification or description EXI)C OLNEM CONDITIONS 1910-S (t990 E(itiml 12 wl CITY OF FORT COLLINS MODIFICATIONS (kEEVV2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. Vr-Equal": If in ENGfNMR's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by 13NGTNEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINFER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance ofproposed substitute items - 6.7.1?. Substitute Items: If in ENGINEER's sole discretion an item of material or equi ment proposed by CONTRACTOR does not quay, as an "or -equal" item under subparagmph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- unted in the General Requirements and as FNGINEFR may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by FNGTN'FFR from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the tinme use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. NI variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6.7.1.3. CONTRACTORSs Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRAACTOR's expense. 6.7.2. Subshtute Consbuction Medxxi% or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedure of construction acceptahle to FNGINFFR. CONTRACTOR shall submit sufficient information to allow HNGINEFR, in ENGINF,FR's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: FNGINF:FR will he allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7. L2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or equal" err substitute will be ordered, installed or utilized without HNGINEFR's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. 01VNER may require CONTRACTOR to furnish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 63.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the ctrarees of EN'GrNEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6-8-1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including parse acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CON-f RAMOR has reasonable objection. EJCDC (JfNERAL CONDITI ONS 1910-8 (1990 Eflition) w/ aTY OF FORT COLUNS MODIFICATIONS (REV Ar_ON) 6.9. CONTRACTOR shall perform not less than 20 Percent of the Work with its own forces that is, without subcorttra,_.i1i �. The 20 percent re uirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price- 6 8.2. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance-of---the-specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER. arx—if L'r ♦Trri'] Ar�Tr\T� 1..... submitted a I:M thefe F OWNFR's or FN(IINFFR's acceptance (either in writing, or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of basis-ef reasonable in ...L.:.,i, -1-11 ..Uhl .:t an ace'eptabif'-.Kb��iviL;—irt'�%nti8e%�Fife�—iY}Il-- �e such -substitution and -an appropriate LChang2-Larder will constitute a condition of the Contract rpgLuitg the use of the named subcontractors, dupphers or other Persons or organization on the Work unlesspd written approval is obtained from OWNER and ENGINEER, No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perform ing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRAC 0R's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OVvNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or oruanization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to eommumeate with the ENGINEER through CONTRACTOR 6.19. The divisions and sections of the Specifications and the identifications; of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 611 All Work perfomtcd for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGMER. Whenever any -such agreement erlditic�na;�r��4�; the-prc�pei�-irr.�arree-}�rsv<idecl-art e whereby the SubeemFeetef or Supplief G'(�Nf Ra�GTDR—acid-the YSulxc�ttiractor—or--Supplier-will . 1-eF the--Wo&--If the -insurers -on any -.such --policie•.s require will ebtain the grinle Patens Fees and Royaflies: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulatioms. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENG=, M's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design process, product or device not specified in the Contract Documents. EJCDC GENERAL CoNDinoN.S I9i m (1990 &tition) 14 cot CITY OF FORT COLLINS MODINCATIONS (REV 412000) Permits: 6.13. Unless otherwise ovidc I in the Supplementary Conditions, CONTRACT& shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNItR shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Lams and Regutations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to "shirg and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance; with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations urxlcr paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes an materials to be petmaneml moorporated into theproject� Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be ;tnto the rroiect his Certification of E.eeramio_ n nrovides that the CONTRACTOR shall neither ray not include in his Bid. Sales and use Taxes on those buildirig_and construction materials pbysically incorporated into the proiect. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denvzr. Col_ora(io, 80261 Sales aril Use Taxes for the State of Colorado Regional Trawgrtadon District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes). on anv items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use ofPremiaes: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the eo�ppccrralions of workers to the site and land and areas idattified in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONrrRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant becacr_se of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest "xtent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGPt FEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work_ At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by Ot NTM at Substantial Completion of the Work_ CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents• EJCDC GENERAL CONDITIONS 191" (1990 Ecfltion) w(CITY Or FORT C)LL1 Ns MODIFICATIONS (REV 4R_ 000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders aril written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNIR. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, and 6,203. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in hart, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or IITGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representaat a: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and Programs. Hazard Communication Programs. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. fi.)nergeneies- 623, In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements, The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.242. CONTRACTOR shall also submit Samples to LNGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC OENERAI. CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLI NS MODIFICATIONS (REV 4Id000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6251.3_ all information relative to aTRACTOR's sole responsibilities in respect of means, methods techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Slop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25 2. F,ach submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOWs review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents such notice to be in a written communication separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGfNFF,.R for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENCYRTEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information liven in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGDsIEER's review and approval will not extend to means methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINF ER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 627. ENGMFF.R's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERs attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by - ENGINEER relieve CONTRACTOR from responsibility, for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGINEERS review and approval of the pertinent submittal will he at the sole expense and responsibility of CONTRACTOR Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONMCTOR's General warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGTNEFTs Ctxvsultanvs that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by. 630.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.1.2. normal wear arid tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) WICITY OF FORT COLLINS MODIFICATIONS (REV V2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER: 6.30 2.3. the issuance of a certificate of Substantial Completicm or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6,30.2.5. any acceptance by OWNER or any failure to do so; 6,30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8_ any correction of Afeclive Work by OWNER. Indenwifrcation: 631. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless 0WNTER. ENGI WEER E1,MP EERs Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, lass or damage; (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting, therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anycr_a for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subcontractor. any Supplier, airy person or organisation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by arty limitation on the amount or type of damages, a umpensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33, The indemnification obli rations of CONTRACTOR under pan graph 6.31 shah not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sun,hW of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7•-OTHERWORK Related Work at .4ite: TI. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be. given to CONTRACTOR prior to starting any such other work and (6) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (arid OWNER, if OWNER is perfcmning the additional work with OW NER's employees) proper and side access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall pprroperly connect and coordinate the Wars: with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, Fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comprrable EICDC Ge4ERAL CONDITIONS 1910-8 0990 Edition) 18 w! (CITY OF FORT COLLINS MODIFICATIONS (REV 420W) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as tit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; aril 7.4.3- the extent of such authority and responsibilities will be provided_ Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE I;-ONAINER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINE, ER. 8.2, In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom C-04TRACTOR-makes-no reasonablz-objecticm; whose status under the Contract Documents shall be that of the former ) 4GINEER. 83, OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 aml 4.4. Paragraph 4.2 refers to OW'NER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forth'in-paragraphs 5:5#}trough 5:IA: 8.0. OkA(WER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNERS responsibility in respect of certain inspe tiorm tests and approvals is set forth in paragraph 13.4. B.K. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of (C)NTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. $40nitr.�WNKR'-rcuFe n heas; —P(;BsPetreletxn Bamrdeus Waste or 1e at !he site 3 .ti4oft�ragrap4A5�- 8.11. ifa= 90" 9_ r"l'P ragsen-9ble evidenoo that r-An^ial arrangements i`RS responsibility-in-raspaot tlteraof tvili be asset -fah -in -the SupplaMtentat3-Eonditisns: ARTICLF 9—FNGENEFR'S STATUS DURING CONSTRUCTION OVVER's Representative: 9.1_ ENGIIvEER will be OWNER's representative during the construction period. The duties and reTponsibilities and the limitations of authority of ENGINEER as OW'NER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWINTER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC QENEM COMMONS 191" (1990 Edition) w! CI TY OF FORT COL11 NS MODIFICATIONS (REV 4/20W) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENTGINEER will endeavor for the benefit or OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generalt• to the Contract Documents. On the basis of such visits and on - site observations, FNIGINEFR will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINE.'ER's visits and on -site observations arc subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTORS Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with i.awx and Regulations 'applicable to the furnishing or performance of the Work. Project Representative: 9.3. if OWNER and ENGINEER agree, ENGINEER wil] fiimish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 once in the Supplementa^ Condit' carts ,f these General Conditions. If 0W- NIER designates another representative or agent to represent OWNER at the sit, who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereat of such other person will be as provided in ptragrapty_9_3 of these: General Conditiicros. If the ENGINEER furnishes Rzsiideg _ te�Tzerltgtjv r other assistan or if the 04VNE12 designates._, a R resentative or agent all as provided m jratagrarh 9.3 of the General Conditiorn these Remesentatmes shall have the authont and limitations as_,prov_ided inragraph 9.13 oL the General Conditions and shall be subject to the foIlowina: 9.3.1. The Representative's dealita=s in matters pertaining to the on -site work will, in eenera) be with the ENGINEER and CONTRACTOR But. the Re srzszrnative wilt keen the�WNER,,�r 4 advised about tch matters. The Rees resentative's dealings with subcontractors will only be throut with the hull__ knowledge and approval of, the CONTRACTOR. 9.3.2 Duties and Responsibilities. Repesentative Willi 9.3.2.1. Schedules - Review the progress WA schedule and other schedules prepared by the C0NSItA TOR__ and consult with. --the 2iGINEER concerning ac2eWabi L. 9.3.2.2, Conferences and Mectirm - Attend meeting with the CONTRACTOR such as x action Conferalm, proeress meetines and other ioob conferenm and prepare and circulate copses of minutes of meetings. 93.2.3_ Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working_orinciolly through CONTRACTOR'S superintendent to assist the CONTRACTOR in understandinc the Contract Documents. 9.3.2.3.2. Assist in obtaining from O�R additional details or information, when required. for proper execution of Work. 9:3.13.3. Advise the ENGINEER, and CONTRACTOR of the commencement of any Work re a S Draw' or sample submission i the submission has not been approved by the ENGINEER 9,3-24.Rfxjt w f�f Wgk. Rejs<Defective Work Inspections and Tests - 9.3.2.d.1. Conduct on -site observations of the Work in proeresrt to assist the ENGINEER in determininatt the Work is nrocecdm in accordance with the Contract Documeru 9.3 2A.3. Accompany visiting_ inspectors tin public or other agencies hay in wiltion over the Projeci record the_resu'l s of those inspections and report to the ENGINEER 93.2.5. Intgp etatwn of Contract Documents. Report to ENGIMEBR when clarifictitioes andintertretations of the Contract Documents we needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGII�EER 9.32.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions far 2Ct VCGC t3bNl K& CONI)MONS 1910-$ (l"Q Edtim) w/ CITY OF FORT OOLLI NS MODIFICATIONS (Ri^`V 42000) modification in Drawings or Specifications and renort these recommendations to ENGINEER Accurately utrangnit to CONTRACTOR decisions issued by the ENGLNTEER 9:3.2.7. Records documents. CONTRACTORS. subcontractors and maior suppliers of eguirment and materials. 93.2.$1. Furnish ENGINEER yzjodic as r air the of the Wyk and o the CANT CTOR'S com fame with the pmeress schedule and schedule of shm Drawing and sample submittals, 101, Cnrtsult wjth HI�TGII�IEER} advance of schedulir>g maior test irmxaions or start of important phases of the Work 9.3.2.8.3. Draft proposed Chanac Orders and Work Directive Charwe& obtains backup ma'On's' from the CONTRACTOR and recommend to ENGINEER (fie Orders. Work Directive Chanties and field orders 9.3.2.8.4. Repat immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Reque:�ts. Review applications for paymcnt with CONTRACTOR for oompliance with the established procedure for their submission and forward with recommendation to SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. In addition, federally -funded projects must include Form 606: Anti - Collusion Affidavit, Form 1413: Bidders List, and Form 1414: Anticipated DBE Participation Plan. 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 ENGLNEER notft particularly the relationship of th__e paytn,,.ent reVest4 to the schedule_of- -yaluzs, wrork colleted and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. -_Before_ ENGINEERissuesa C',orlificate of Substantial Completion, submit to CONTRACTOR a list of observed items requirins correction or completion 9.3.2.10.2. Conduct final inspection in the cornMny of the ENGINEER OWNER and CONTRACTOR and prcpare a final list of items to be corrected or completed. 9.3 2.10.3. Observe that all item on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 93.3. limitation of Authorit: "rhe Representative shall not: 9.3.3.1. _Authorize ariv , dev iatim from the .Contract Documents o acccxat any substitute �atei�afs or e�ipingn��rpl au ,��1�t )rNCrIN1•:ER. 9.3.3 Exceed limitations of ENGINEERS authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the resnonsibilities of the CONTRACTOR Subcontractors or �Q RACTORI supgtinto-kil 9 3.3.4. Advise ort or jssug._dj e-a-�or,s-,relative to gr assume control over any-A§pect_of the mea► methods techniques _sequences or procedures for cqngm;.tioLtL unless such is speicificall 1,qalled Cor in the Contract Documents. 9.3.3.5. Advise on or issue directions __llt4tIQL__�Qr�.�4�.' r�ecautions and orot't'ams in connections with the Work, 9.3.3.6. Accept Shoe Ihawins or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Petticipttte in specialised field ar laboratory tests or inspections conducted by others g cept ss_fca _.,specilly_suthpftil �by the ENGINEER. Clarifications and Interpretations: 9.4. 24GINEER will issue with reasonable promptness such written clarifications or interpretations of the EXDC (XNERAL CONDITIONS 1910.8 (1990 Edtion) w1CITY OF FORTCOLLINS MODIFICATIONS (REy 412000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if env, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized irariations in Work: 9.5. ENGINEER may authorise minor variations in the Work from the requirements of the Contract Documents which do not involve an adi''ustmem in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may he accomplished by a Field Order and will he binding on OWANIER and also on C0'NTRA(`fOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER. believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with EIN'GINEERs authority as to Shop Drawings and Samples, we paragraphs 6.24 through 6.25 inclusive. 9.8. In connection with ENGINEERS authority as to Change Orders, see Articles 10, 11, and 12. 99. In connection with ENGINEERS authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Wok performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the F,NGINEF.R's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision therecm will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by The appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwisc agreed in writing 1>v OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputev: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claunant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time fir the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER aril the claimant within thirty days after receipt of the claimant's last submittal (unles FNGf1NFER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXMIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 15, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixxy days of the date of such EJCDCGENERAL CONDITIONS 1910.9 (1990 Mon) �2 w/ UTY OF FORT COLLI NIS MODIFICATIONS (REV 412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9,11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in goad faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9A I with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by l,aws or Regulations in respect of any such claim, dispute or other matter uant to Ariisle46. 9.13. Limitations on LW INF:ER's Authority and Reponsibiliriev: 9.13.1. Neither ENGINEER's authority or reslx?nsibility under this Article 9 or under arty other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or perfonmancc of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other perscm or organization, or to arty surety for or employee or agent of any of them, 9.13,2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Wort:. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER'S Consultants, Resident Project Representative and assistants. ARTICLE 10CHANGES IN THE WORK 10.1. Without invalid the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Wort: involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extensim of the Contract Tunes with respect to any Work performed that is not re uired by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6, 3 or in the case of uncovering Work as provided in paragraph 13.9. 10,4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1, changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of ek?feotive Work under paragraph 13.13 or correcting defective Work under paragraph 13,14. or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Timers which are agreed to by the 1rartie%, and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and aiihere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITION51910-5 (1990 Edtion) w1 ClYY OF FORT COLLINS MODIFICATIONS (REV 40-000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the givii , of any such notice will be CONTRACTOR's responsibrlily, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I1—CH,L\GFOFCONTRACT PRICE 11.1. The Contract price constitutes the total compensation (subject to authati7ed adjustments) payable to CONTRACTOR for perfbrming the Work. All duties, responsibilities and obligatiorLs assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. 'fhe Contract Price may only be changed by a Change Order or by a Written Amendment Any claim foran adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR canna otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2), 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONT1{ACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of die Work: 11.4. The term Cast of the Work mean-, the suns of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing, by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5. 11.4.1. Pa oll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such cmployees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall irnelttcla Ixtt rx3t be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemploynnent, excise and payroll taxes, workers' compensation, health and retirement benefits; -bonuses; siek lea applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' Geld services req�ir�d in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, aryl CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. if required by OWNER, 24 EICDCGEt•IERP.LCONDITIONS1910-8(1990Edition) wi C,7Tv OF FORT COLLINS MODIFICAMNS (REV 412000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Mork plus a fee, the Subcontractor's Cost of the Work, and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11-6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related u-) the Work. 11.4.5. Supplemental casts including the following, 11 A 5.I I. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connected with the Work, 11.4.5.2. Cast, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terns of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar tares related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or uthenvise, sustained by CONTRACTOR in connection with the performance and fumishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph59). provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such lasses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. IL however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee lxoportionate to that stated in paragraph raph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of chars in the Work. 11.5. The term Cost of the Work shall not include any of the. following: 11.5.1. payroll casts and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the ('ON'TRACTOR's fee. 115.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC, GENERAL CONDI170NS 19105 (1990 E(itim) a/ C11Y OF FORT COLLINS MODIFICATIONS (REV 4120011) 11.5.S Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to property. 1..1.5.6. Other overhead or general expense costs of any hind and the costs of any item not specifically and expressly included in paragraph 11,4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows• 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall he fifteen percent; 11.6.21 for casts incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent., 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 1142 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee -of -five permit of4* aa3 -peid-to the next -lower tier Subcontracton to be negotiate !mZQg _fglt t_Wl QMJRbut not tto exceed five percent of the LRgp",aid to the next lower 11.6 2.4. no fee shall be payable on the basis of ants itemized under p.rragrrphs 11 4A, 11 4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one chingc, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6 2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11,5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to CNGDMER an itern ized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so tamed in the Contract Documents and shall cause the Worn so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agreesthat. 11.8.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, instal lotion costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowaticts, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Wort;: 11.9.I. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sutra of the established unit prices for each separately identified item of Unit Price Work Canes the estimated quantity of each item as indicated in the Agreement. The estimated quantities of Items of Unit Price Wort,' are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGI14= in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.93.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.93.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; E1CDC OEtAL CONDITIONS 1910-8 (1990 E(fition) 26 wiCITYOFFORT COLLiNSMODIFICATIONS (REV 4/2000) and 119.3.2. there is no corresponding adjustment with respect to any other item of Work, and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract. Price and the parties are unable to agree as to the amount of any such increase or decrease. 119.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT 1Ih1FS 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Tines (or Milestones) shall be 6sed on written notice delivered by the party making the claim to the other pan, and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within si.q days after such occurrence (unless ENGINEER allows additional time to ascertain more ac umie data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or l` iilestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be c.;tended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented front completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or -Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organisation, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article I - ARTICLE E 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCF.PT•ANCE OF DEFECTIVE WORK 13A. Notice ofDefeers: Prompt notice of all defectve Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Bork: 13.2. OWNER ENGINEER, LNGIINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -tunes for their observation, inspecting and testing. CONTRACTOR shall provide therm proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspec?ions: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, arid shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER. shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 9 E1CDC ORAL CONDITIONS 1910-8 (1990 Edtion) wiCtTY OF FORT COLILANS MODIFICATIONS MEV 4/2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR assume shall full responsibility fair arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish F,NCrfNEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Wort:, or of materials, mix desivJts, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR ,Othout written concurrence of I NGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timcly notice of CONTRACTOR's intention to cover the same and ENG[NFER has not acted with reasonable promptness in response to such notice. f tncm•edng Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGIINEER's observation and replaced at CONTRACTOR's expense. 13.9. if ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. ftanisitirtg all necessary labor, material and equipment, If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereoL may make a claim therefor as provided in Article 11. If, however, such Work is not found to be &fective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. OWNER May Stop the Work: 13.M If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.1 L If required by ENGINEER, CONTRACTOR shall Promptly. as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not cfective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all casts of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one-year twowears after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs losses and damages caused by or resulting from such removal and replacement (including, but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACT OR- 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier date if so provided in the SpeciGmtiom or by Written Amendment. 13.12.3. Where dgpe-five Work (and damage to other EICDCGENERALCOND1110M1910-8(19906dtimi ?S wi CITY OF FORT OOLLINS MODIFICATIONS (REV 42000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one ye two o „tears after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If instead of requiring correction or removal and replacement of dt fecdve Work, OWNER (and, prior to ENGMEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINF.ER's recommendation of fir aI payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if thetparties are unable to agree as to the amount thereof,, OWNER may make a claim therefor as provided in Article I I. If the acceptance occurs after such recommendation, an appropriate amount will be paid 1)), CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after wTitten notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery ,it the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contracurs and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rictus and remedies under this paragraph_ All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the es arc unable to agree as to the amount thereof, Otwmay make a claim therefor as provided in Article I I. Such claims, casts, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (a Milestones) because of any delay in performance of the Work attributable to the crercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAY1_tiENTS TO CONTRACTOR AND COMPLETION Schedule of I'a es: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will he incorporated into a form of Application for Payment acceptable to ENGIINTEER. Progress payments on account of Unit Price Work will be based on the number of units completed. .Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (hut not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER:s interest therein, all of which will be sat)sfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. And funds that are withheld by the OWNER shall not be subsea to substitution by the CONTRACTOR with securities or flny arrvi ements inv_al_vinZ escrcnv or custodianship. By executiM the application iorapayment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101 et sea. CONTR4CTOR's Warrano of Title. 14.3. CONTRACTOR warrants and guarantees that tide to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review of dpplieations for Progress Payment 14.4. ENGINEER will, within ten days alter receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL COKXTI ONS 1910-8 (1990 Edtien) wtC7TY OF FORT COLLINS MODtFICATFONS OWV 4/2000j recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGI'N=s recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGiNFEWs recommendation of any pa)mient requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEFWs on -site observations of the executed Work as an experienced and qualified design professional and on FNGINEER's review of the Application for payment and the accompanying data and schedules. that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progrersed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.53, the conditions precedent to CONTRACTOR's being entitled to such pay7ent appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibil ities specifically assigned to ENGINTEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to he paid additionally by OWNER or entitle OVINER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in EINTGLNEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5, ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENG13NEER's opinion to protect O`v3JNF.R from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNFR has been required to correct defeclive Work or complete Work in accordance with paragraph 13.14, or 14.7.4, ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2A inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGTNEFR) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.$. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC OI NEFtAL CON IRONS 1910-tt (1990 Editim) 30 rat' CITY OF FORT 00LLINS MODIFICATIONS (REV 4P1000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWWNER a tentative certificate of Substantial Completion which shall fvc the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after conside" such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRAC"fOR in writing, stating the reasons therefor. If, after consideration of OWNF`.R's objections, FNGINEER considers the Work substantially complete, ENGMER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative: certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 1-24GINEF.R in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative List Partial Ulilizadon: 14.10 Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work, subject to the following: 14.10A.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. if CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substa itia lly complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 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. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part ofthe Work. Within a reasonable time after either such request, ONAINER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. if ENGfNF'RR comsiders that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereofand access thereto - 14. M1 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from MNTRAC'TOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or &fecthe. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all mainteriance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragmph 5.4, certificates of inspection, marked up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except w% previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any., to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property in ight in any way be responsible have been paid or otherwise satisfied if any Subcontractor or Supplier fails EJCDC OEA'EM CONDITIONS 191" (1990 E(ition) W CITY OF FORT COLLINS MODIFICATIONS (REV 4/I000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases cx waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNFR'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGMER's observation of the Work during construction and final inspection. and ENGINEER'S review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PqGINEER is satisfied that the Work has been completed and C:ONTRACTOR's other oblieations under the Contract Documents have been fulfilled, ENGINEER will, within ten days of c-r receipt of the final Application for Payment, indicate in writing ENGfNEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINRER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty clays after presentation to OWNER of the Application and accompanying documentation, in appropriate font and substance and with FNGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR su icct to paragraph 17.6.2 of these S errm-mmo tigm. 14.14 IL through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER sliall, upon receipt of CONTRACTOR's final Application for payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein or from CONTRACTOR's continuing obligations under the Contract Documents. and 14.15.2,A waiver of all claims by CONTRACTOR against OINrNER other than those previously made in writing and still unsettled. ARTICLE 1&-SUSPENSION OF NVORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to am such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER b9ay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not Iimited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards haws or Regulations of any public body having jurisdiction; 15.23. if CONTRACTOR disregards the authority of L'NGINEER; or 15 2A if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, alter giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-8 t 1990 Edition) 32 q,/ CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such rase CONTRACTOR shall not be entitled to receive any - further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, coats, losses and damages sustained by OWNER arising out of or resulting from completing the Work- such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR stall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to (X)N'I'RA(7I'OR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. f'or completed and acceptable Work executed in a=rdance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination_ CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination COA'TR4CTOR play Stop Work or Terminate: 15.5. It through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven obeys' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4, In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to Pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACPOR's stopping Work as permittcd by this Paragraph. ARTICLE 16—DISPUTE RFSOLITfION if and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this ,Agreement, such dispute resolution method and lrocedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9,11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as eAcr may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NUSCELLANEOUS Giving Notice: 17.1- Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the taw of the applicable jurisdiction, such clay will be omitted from the computation. VCDC U'ENERAL CONDITIONS 19104 (1990 E(fition) w1 t:l TY OF FORT COLIANS NIODIFICATtONS O1 Ey 41--O00) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, arxi, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16. 6.30, 6.31, 6.32, 13.1, 13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Yrofesilonal Fees and Court Costs• Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case:, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. !]A --Tile l,4yys �f.Jte of Colorado army to this Agreement Reference to two pertinent Cok 40 ggtutes are as follows 17.6? if a claim is tiled OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials team hire sustenance, provisions. provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCUC OENERAL CONDITIONS 1910-8 (1990 Edhim) 34 W( CITY OF FORT COLLINS MODIFICATIONS (REV 4nOOO) (This page left blank intentionally.) EJCDC 4ENERAL CONDITIONS 1910.8 (1990 Edtim) 35 u7 CITY OF FORT COLLINS MODIFICATIONS OZEV 412000) EICDC GENERAL CONDITIONS 191" (1990 E(itim) 36 w( CITY OF FORT COLLINS MODIFICATIONS (REV 4I2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DLVUTE PMOLLITION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CO\'TRACTOR arising out of or relating to the Contract Documents or the breach thereof (except fox claims which have been waived by the making or acceptance of fmal payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to INGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGDTER's decision being final and binding upon OWNER and CONTRACTOR_ If ENGINEER renders a decision alter arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of INGINNER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9 10, 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragaph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. FJCDC OINERAL CONDITIONS I910-8 (1990 E(bticn) wi CiTY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the CAntract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. EATGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16 4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any patty not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be- entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating - arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCUCOENERAL CONDITIONS 1910-3 (1990EMon) OC:-Al wl CITY OF FORT COLLINS MODIFICATIONS (REV W94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement 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. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. 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). 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. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". 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 SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SC — DB Davis Bacon Wage Rates Add the language on the following pages SC -FED Federal Transit Administration Terms & Conditions Add the language on the following pages General Decision Number: C0150024 01/02/2015 CO24 Superseded General Decision Number: CO20140024 State: Colorado Construction Type: Highway Counties: Larimer, Mesa and Weld Counties in Colorado. HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01 /02/2015 * ENG10009-012 10/23/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (3)- Drill Rig Caisson (smaller than Watson 2500 and similar) ............................... $ 24.73 9.15 (4)-Oiler Weld County.............................................................................. $ 24.88 9.15 (5)-Drill Rig Caisson (Watson 2500 similar or larger) .................. $ 25.04 9.15 ---------------------------------------------------------------- SUCO2011-009 09/15/2011 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 Larmer, 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 AsphaltPaver.............................................................................. $ 21.50 3.50 Asphalt Roller Larimer....................................................................................... $ 23.57 3.50 Mesa.......................................................................................... $ 24.25 3.50 Weld........................................................................................... $ 27.23 3.50 Asphalt Spreader Larimer....................................................................................... $ 25.88 6.80 Mesa, Weld................................................................................ $ 23.66 7.36 Backhoe/Trackhoe Larimer....................................................................................... $ 21.46 4.85 Mesa.......................................................................................... $ 19.81 6.34 Weld........................................................................................... $ 20.98 6.33 Bobcat/Skid Loader Larimer....................................................................................... $ 17.13 4.46 Mesa, Weld................................................................................ $ 15.37 4.28 Boom........................................................................................... $ 22.67 8.72 Broom/Sweeper Larimer....................................................................................... $ 23.55 6.20 Mesa.......................................................................................... $ 23.38 6.58 Weld........................................................................................... $ 23.23 6.89 Bulldozer Larimer, Weld............................................................................. $ 22.05 6.23 Mesa.......................................................................................... $ 22.67 8.72 Crane.......................................................................................... $ 26.75 6.16 Drill Larimer, Weld............................................................................. $ 31.39 0.00 Mesa.......................................................................................... $ 35.06 0.00 Forklift......................................................................................... $ 15.91 4.68 Grader/Blade Larimer....................................................................................... $ 24.82 5.75 Mesa.......................................................................................... $ 23.42 9.22 Weld........................................................................................... $ 24.53 6.15 Guardrail/Post Driver.................................................................. $ 16.07 4.41 Loader (Front End) Larimer....................................................................................... $ 20.45 3.50 Mesa.......................................................................................... $ 22.44 9.22 Weld........................................................................................... $ 23.92 6.67 Mechanic Larimer....................................................................................... $ 27.68 4.57 Mesa.......................................................................................... $ 25.50 5.38 Weld........................................................................................... $ 24.67 5.68 Oiler Larimer....................................................................................... $ 24.16 8.35 Mesa.......................................................................................... $ 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) Mesa, Weld................................................................................ $ 21.33 6.99 Roller/Compactor (Dirt and Grade Compaction Larimer............................................................ :.......................... $ 23.67 8.22 Rotomill Larimer....................................................................................... $ 18.59 4.41 Weld...........................................................................................$ 16.22 4.41 Scraper Larimer....................................................................................... $ 21.33 3.50 Mesa.......................................................................................... $ 24.06 4.13 Weld............................................................... Screed Larimer........................................................... Mesa.............................................................. Weld............................................................... Tractor............................................................. TRAFFIC SIGNALIZATION: Groundsman Larimer............................................................ Mesa............................................................... Weld................................................................ TRUCK DRIVER Distributor Larimer............................................................. Mesa................................................................ Weld................................................................. Dump Truck Larimer............................................................. Mesa................................................................ Weld................................................................. Lowboy Truck Larimer............................................................. Mesa,Weld....................................................... Mechanic........................................................... Multi -Purpose Specialty & Hoisting Truck Larimer, Mesa .................................................. Weld................................................................. Pickup and Pilot Car ......................................... Semi/Trailer Truck ............................................. Truck Mounted Attenuator................................ Water Truck Larimer............................................................. Mesa................................................................ Weld................................................................. ..... $ 30.14 ...... $ 27.20 ..... $ 27.24 ..... $ 27.95 ..... $ 13.13 ...................... $ 11.44 ...................... $ 16.00 ...................... $ 16.93 ...................... $ 19.28 ...................... $ 19.17 ...................... $ 20.61 ....................... $ 18.86 ...................... $ 15.27 ...................... $ 15.27 ...................... $ 18.96 ...................... $ 18.84 ...................... $ 26.48 ...................... $ 16.65 ...................... $ 16.87 ...................... $ 13.93 ...................... $ 18.39 ...................... $ 12.43 ...................... $ 19.14 ...................... $ 15.96 ...................... $ 19.28 1.40 5.52 5.04 3.50 2.95 2.84 5.85 3.58 4.89 4.84 5.27 3.50 4.28 5.27 5.30 5.17 3.50 5.46 5.56 3.68 4.13 3.22 4.99 5.27 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 surrey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Lanquage While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Lanquage These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sere . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Those imposed None None None None a. Contracts on state pass below SAT thru to ($100,000) None Contractor Yes, if non- None unless None unless None unless unless' non- competitive non- non- non- b. Contracts competitive award or if competitive competitive competitive above award funded thruz award award award $100,000/Capital 5307/5309/53 Projects 11 II Non State Grantees Those imposed Yes3 on non -state Yes Yes Yes Yes a. Contracts Grantee pass below SAT Yes3 thru to Yes Yes Yes Yes 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. ($100,000) Contractor b. Contracts above $100,000/Capital Projects Sources of Authority: '49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) 4. FEDERAL CHANGES (49 CFR Part 18) Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1 E) Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 7. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/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. 8. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1 E) Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Lanquage FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The 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. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA REQUIREMENTS (49 U.S.C. 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/Lancguage The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S. C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date 9 - � 5 - ad 1_5 Signature jw Company Name i' OLKE11-as r, ��rS%r uc��rs SCC . Title Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature PART 1- Company Name PART 2 - Title 11. BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1 E) Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Lanquage 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. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. II i%\VRZ6]moleP►11: IT"a 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 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service 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 (1119/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, NIOL r,. I 64r.0 W's. Tnc. 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 thi certification and disclosure, if any. Signature of Contractor's Authorized Official C;,f Kar��7 t�res1 Cry'. Name and Title of Contractor's Authorized Official Q-�?S-aof5 Date 13. CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Lanctuage 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. 14. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/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 sec.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS (46 U.S.C. 1241 , 46 CFR Part 381) Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - 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. 16. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the 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 meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall 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. subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(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. 18. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. 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 5 % DBE participation has been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors and is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Fort Collins. 20. 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. 21. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(a,fcgov.com or calling 970-221-6775. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8157 McClelland Drive Right Turn Lane CONTRACTOR: Mountain Constructors Inc. PROJECT NUMBER: 8157 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: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: lel_rlN DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 ƒ� K g r �_r4�» w3 / \ \ / / &f �C,�ccC� .( / � � G a ƒ/g � = a =g w ¢Q 9b _ § e \ U \ ƒ § Q /ƒto ©2 / t \ \ � to It \ ( � \ { / 2 0 g&m u § /[- /ƒ% /U e \u \ @ ul « § « o @ � % % § E _ § u % \ < / ƒ 2 2 (' •« 5 S / \ 2 z ewE t e % 4P�*w% COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS MCCLELLAND DRIVE RIGHT TURN LANE STANDARD SPECIAL PROVISIONS No. Name Date of Pages Revision of Section 105 - Construction Drawings (July 29, 2011) 1 Revision of Section 105 - Construction Surveying (July 31, 2014) 1 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 106 - Material Sources (October 31, 2013) 1 Revision of Section 106 - Supplier List (January 30, 2014) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Section 108 - Liquidated Damages (May 2, 2013) 1 Revision of Section 108 - Notice to Proceed (July 31, 2014) 1 Revision of Section 108 - Project Schedule (July 31, 2014) 6 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 108 - Payment Schedule (Single Construction Year) (October 31, 2013) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 - Measurement of Water (January 06, 2012) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 208 - Aggregate Bag (January 31, 2013) 1 Revision of Section 208 - Erosion Log (January'31, 2013) 1 Revision of Section 250 - Environmental, Health and Safety Management (July 19, 2012) 1 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 Sections 412 - Portland Cement Concrete Pavement Finishing (February 3, 2011) 1 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Sections 412 and 705 - Preformed Compression Seals (February 3, 2011) 2 Revision of Section 601- Concrete Batching (February 3, 2011) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011) 1 Revision of Section 601- Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601- Concrete Slump Acceptance (July 29, 2011) 1 Revision of Sections 601 and 701 - Cements and Pozzolans (November 6, 2014) 4 Revision of Section 630 - Construction Zone Traffic Control (February 17, 2012) 1 Revision of Section 630 - Retroreflective Sign Sheeting (May 8, 2014) 1 Revision of Section 630 - Signs and Barricades (January 31, 2013) 1 Revision of Section 703 - Aggregate for Hot Mix Asphalt (November 1, 2012) 2 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 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 Partnering Program (February 3, 2011) 1 2 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least 78 respectively when tested by the Hveem Stabilometer method. 1 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self- contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following: The portable message sign panels shall be on the project site 7 days prior to the start of active roadway construction. Sign panels shall be placed on eastbound and westbound W. Drake Road, and northbound McClelland Drive in advance of the project site. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.15 shall include the following: Portable message sign panels will be measured one of the two following ways: (1) By the actual number of days each portable message sign is used on the project as approved by the Engineer. REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Subsection 630.16 shall include the following: Pay Item Portable Message Sign Panel Pay Unit Day 1 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) Schedule of Construction Traffic Control Devices. (3) Signing Plans. (4) Construction phasing details. (5) MUTCD Part 6 (6) City of Fort Collins Work Area Traffic Control Policies & Procedures 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. The City of Fort Collins may have entered into operating agreements with one or more law enforcement organizations for cooperative activities. Under such agreements, at the sole discretion of the City, 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 hire local law enforcement 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 unless identified on the plans or approved by the Engineer. The Contractor shall maintain one lane open in each direction at all times on W. Drake Road. The Contractor shall maintain access on McClelland Drive for the MAX BRT Service at all times during normal operating hours. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. During the resurfacing work, only one lane may be closed to traffic at any time unless approved by the Engineer. Traffic shall not be delayed for more than 10 minutes or as directed by the Engineer. At least one week prior to starting construction, the Contractor shall notify the Engineer of the date the Contractor intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. 6 SECTION 00300 BID FORM FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the City's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a 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. Estimated Force Account Item Ouantity Amount F/A Muck Excavation F.A. $ 10,500* F/A 01 Muck Excavation This force account will be used for excavation and replacement of usuitable materials with approved materials at the direction of the Engineer. SECTION 00300 BID FORM PROJECT: 8157 McClelland Drive Right Turn Lane Place: I0.f+P-Vi j J-�- Dater �?1S In compliance with your Invitation to Bid dated rl , 20155 and subject to all conditions thereof, the undersigned a (Corporatiorlp, 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 goad 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 Dralirings pertaining to the Work to be dune, 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 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 is as follows: 74 00 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. y. The undersigned Bidder hereby acknowledges receipt of Addenda No. i through F6rt of Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8157/8159: McClellan Drive Right Turn Lane OPENING DATE: 3:00 PM (Our Clock) September 4, 2015 Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Additional questions and answers Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY ENCLOSED WITH THE BID/QUOTE STATING THAT THIS RECEIVED. A WRITTEN STATEMENT ADDENDUM HAS BEEN Addendum 1- Page 1 of 2 BID SCHEDULE 8157 MCCLELLAND DRIVE RIGHT TURN LANE Item Description Units Quantity Unit Price Total 202-00190 Removal of Concrete Median Cover Material SY 2 $50.00 $ 100.00 202-00200 Removal of Sidewalk SY 266 $13.00 $ 3,458.00 202-00201 Removal of Curb LF 24 $20.00 $ 480.00 202-00202 Removal of Gutter LF 1 $20.00 $ 20.00 202-00203 Removal of Curb and Gutter LF 543 $10.00 $ 5,430.00 202-00206 Removal of Concrete Curb Ramp SY 42 $16.00 $ 672.00 202-00210 Removal of Concrete Pavement SY 147 $28.00 $ 4,116.00 202-00220 Removal of Asphalt Mat SY 1,082 $16.00 $ 17,312.00 202-00240 Removal of Asphalt Mat (Planing) SY 448 $12.00 $ 5,376.00 203-00000 Unclassified Excavation CY 201 $42.00 $ 8,442.00 208-00034 Gravel Bag LF 580 $6.00 $ 3,480.00 208-00045 Concrete Washout Structure EACH 1 $950.00 $ 950.00 208-00070 Vehicle Tracking Pad EACH 1 $750.00 $ 750.00 208-00103 Removal and Disposal of Sediment (Labor) HOUR 24 $50.00 $ 1,200.00 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 24 $75.00 $ 1,800.00 208-00106 Sweeping (Sediment Removal) HOUR 24 $115.00 $ 2,760.00 208-00205 Erosion Control Supervisor HOUR 40 $100.00 $ 4,000.00 210-01050 Reset Chain Link Fence LF 292 $25.00 $ 7,300.00 304-06000 Aggregate Base Course (Class 6) TON 381 $48.00 $ 18,288.00 403-00720 Hot Mix Asphalt (Patching) (Asphalt) TON 140 $175.00 $ 24,500.00 403-33741 Hot Mix Asphalt (Grading S) (75) (PG 64-22) TON 295 $125.00 $ 36,875,00 411-10255 Emulsified Asphalt (Slow -Setting) GAL 100 $15.00 $ 1,500.00 412-01000 Concrete Pavement (10 Inch) SY 29 $105.00 $ 3,045.00 412-01001 Concrete Pavement (10 Inch) (Special) SY 117 $160.00 $ 18,720.00 601,03000 Concrete Class D CY 14 $825.00 $ 6fi9. 33 602-00000 Reinforcing Steel LB 1,500 $2.50 $ 3,750.00 608-00006 Concrete Sidewalk (6 Inch) SY 320 $65.00 $ 20,800.00 Fort Collins - McClellan Dr. Bid Schedule.xlsx Page 1 Item Description Units Quantity Unit Price Total 608-00010 Concrete Curb Ramp SY 31 $135.00 $ 4,185.00 609-21020 Curb and Gutter Type 2 (Section II-B) LF 554 $31.00 $ 17,174.00 609-24006 Gutter Type 2 (6 Foot) LF 11 $56.00 $ 616.00 610-00030 Median Cover Material (Concrete) SF 2 $150.00 $ 300.00 625-00000 Construction Surveying L S 1 $6,500.00 $ 6,500.00 630-00000 Flagging HOUR 32 $32.50 $ 1,040.00 630-00007 Traffic Control Inspection DAY 11 $140.00 $ 1,540.00 630-00012 Traffic Control Management DAY 31 $625.00 $ 19,375.00 630-10005 Traffic Control LS 1 $10,000.00 $ 10,000.00 630-80359 Portable Message Sign Panel DAY 21 $125,00 $ 2,625.00 Force Account F/A Muck Excavation F.A. 1 $10,500.00 $ 10,500.00 TOTAL BASE BID $ 270,148.63 IN WORDS Fort Collins - McClellan Dr. Bid Schedule.xlsx Page 2 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: 1. �. • . _ • CONTRACTOR M Printed Datb Title License Number (If Applicable) {Seal - if Bid is by corporation) -V A - Re, v;1 ! ; Co 90 65 ( Telephone A70- 7$S -6.l C. t s41a .r 1 1 SECTION 00400 SUPPLEMENTS TO BID FORMS 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price, RESPECTFULLY SUBMITTED: NTRACTOR BY: / f Printed Dat2 rfsttP61 Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Q.0 • o -P11)Ae' V;11 e , to Sd L 5 f Telephone I Email b-�11 cam, nS i I a -a A-y-Lu Ia , n r � SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Mountain Constructors, Inc. as Principal, and United Fire & Casualty Company , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $(5%) Five Percent bf Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the 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, 8157 McClelland Drive Right Turn Lane, 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 WETNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of September 4 , 2015, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper. officers, the day and year first set forth above. PRINCIPAL Name: Mountain Constructors, Inc. Address: P.O. Box 405 Platteville, CC'80651-0405 _ By: Title: Ir P S , cle ✓L�tL _ ATTEST: ByA.40° AL) United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, IA 52407-3909 R Title: Attorney -in -Fact (SEAL) UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA INVy UNITED FIR & lNI)FMNI'I"i'twONTPANY,WEBSTER, TX Inquiries; -Surety Department F1NANCIAL PACIFIC INSURANCE COMPANY, R66(LIN, CA 118 Secoad Are SE CERTIFIED COPY OF )PONNTdt OF AI-17OR.NCY Cedar Rapids, IA 51401 (original on file''at Ilorne Office of Company- See Certification) KNOW ALL PERSONSIBY THESE PRESENTS, Thal UNITED FIRE &: CASUALTY COMPANY, a corporation duty organized and existing under the laws of the Stale cf f4wa; UNITED FIRt &INI)hMLAITY COMPANY, a corlitifafion duly,organized ilird existing under the lags of the Slam of Texas;:and FINANCIAL PACIFIC INSURANCE COIMPANY, a corp oration duly. organized and existing under the laws of the State of Cntitbrriia (herein collectively called the Co tripanks} and having their corporate headst��imiters hit Cedar Rapids Stale of Iowa'does make, constitute and appoint DONALD.E. APPLE8V. `OR SARAFl ijRO1V J, OR MARK SWEIIaRT, DR TODD BENOORD, OR OLORIETTAACOSTA' OR SUSAN.J- LATTARULO, ALL INDIVIDUALLY of GREEPOVOOD VILLAGE CO M llwi " 1 'their true.pnd lawful Attorneys) rn-1'ac,,with power and authority llc ]city `confa:-ed to sigo; seal srttd execute in its behairall lawful ponds, undertakings and other obligatory instruments of similarnalureprovidedthatnosmgleohligationshall-exceed $too 0pp,000,00. and to }rind (lie Companics thereby as fully Arrd to the sarne extent as if such instruments were signed by tilt duly authorized officers of the Companies and all of Jt ic: acts of snit] .Attorney, purstumt to tl-e tinlhot-ity hereby givcri and he-eby ratified and confirmed, The Authority hercbygranted is continuous zTkt shall retrain in full force and effect until revoked by UNITED FTRE & CASUALTY ('0101'-ANY I ] i 1 i iN1TED FIRE & IN1�EIufNIT1' Cc3Iwt11 AT 'ti', rli�tf) F€i�Altit,tAl.: 1 ACIGIC` €NSURANCI Cntr}1 ALAI . ']'his. Po4varof Attorney is made and executed pursuant to and by authority of the following' hylaw_duly:adopted on twiav 15, 2013, by the Boards of Directors..of UNrI°EI) FIRE & CASUALIV COMPANY, UNITED FIRE & 1NDENINITY COMPANY, and FINANCIAL PACIFIC INSURANCE. COMPANY. "Article VI — Surety Bands rind Undertakings" Section 2, Appointment of Attorney -in -Fact- "The President or any Vice President, or any other officer of the Con7pon1m may, from time to tune, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, „ ,"undertakings and other obligatory instrunitnts of like nature. T11e signature of any officer authorized hereby, and the Corporate seal, may be 'affixed by frrestntile to any pourer of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so nsec€, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to bo valid and binding upon the Companies with the satire force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forlh in their respective certificates of author -Ay shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto, The President or any Vice President, the Board ofDirectors.or any other officer of the Companies may any titre revoke all power and authority previously given to any attorney -in -fact. 1����CA tlftq�J4 ylkiilq ur 1•ut In '� I .�,� "�rt,,•ti �� 4,M'µ,+';''Q �'�"it ws�""ka IN WITNESS WTIEFtBOF, the COMPANIES have. each caused these presents to be signed by its vice president and its corporate seat to be hereto affixed this 6t h day of May, 2018 =�a CO a*Ye UNITED FIRE & CASUALTY COMPANY '�. :sear = seat _ rate t UNITED FIRE & INDEMNITY COMPANY �;f4lgeavkd+`�� %44'+r414,u*':�4cos�A"• x= FINAl�`CIALPACIFIC [NSUICt1NCl:.CaM.PA[*ll' af111115511* ��riyl115NIrS 'a Mr t uµ'g1111 i1W Staleof Iowa, County of Lirm, as: ti x:e.President 00 6th clay of may, 2015, before me personally came Denrls J. Richmann to me known, who being by = dUly swont; did deptm;e'and say; that lie resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRt & CASUALTY COMPANY, a Vice President of UNITED P*IR.i & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in Enid which executed the abnve instrument; that he knows the seal of said corporations; that the seal_affiwd to the said:instrument is such cojqtorate seal;,Ihat it w_as, so affixed pursuant to authority given by the Board of Directors of said eoritorations and -titan he signed his'nanie thereto plirsttarit to like authority, and acknowledges satire to be the act Anti deed of yzdd corporations. c r Iktary A. 1364sah P Iowa Nolarlai seal � � A Commisalon nursdrer 713273 Notary Public ow• MyCommtasion Expires i01261201 My commission exp tres: 10126/2016 €, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of F'INANC`fAI. P, CIFIC INSURANCE COMPANY, rho hGrzhy certity that I-ha've compared the foregoing cr�py ofthe Power of_-Attorazy and affidavit, and the copy of the Sectioti of the bylaws acid resolutions of said Corporations as set forth ir. aaid'Power of Attorney, with the ORXAT, A1;S ON F1i f IN THF. FIomi—. OFFICE Or SAID CORPOR..-.TJONS, and that the same are correct transcript thereo , and of the whole of the said originals, and that the said Power of Attorney has not been revoked And is now, in fill[ force and effect. In test` hereof I liave,h-reunto subscribed my name and.affixed slue rttorate seat of the said Cogwti rations this day of } P i1— 20. il5ltnllfq„ NIIIIII ls GINu t49� I Q aSF s' cgrtraentc QQ, Ny_r z t o D sknL NA y#mCnl Hu�fi` k�i'w 6Ya'�'`��, $t'Crc'.tary, T,IF&G''I l Assistattl Secretary, ljF&IRPIC BPOA0049 0115 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. Warne of Bidder. Alou 4r-, Lonc- �ru o 2, Permanent main office address: / i '4a1 rt -16,ftey-Mc, 3. When organized: }Jov be'r` is $ 4. If a corporation, where incorporated: do How many year's have you been engaged in the contracting business under your present firm or trade name? �7 3 LIP Ar"S 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 ever failed to complete any Work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? hL If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the 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: EXHIBIT 1 — QUESTIONS AND ANSWERS 1. Question: Are there any OJT (On the Job Training) hours? If so, how many? Answer: There are 0 (zero) On -the -Job Training hours. 2. Question: Who pays for testing? Answer: The City of Fort Collins pays for testing. Asphalt, concrete, and soil compaction are typical test that could be required per on -site conditions. 3. Question: What are the working hours? Answer: See question #1 in Addendum #1 for response. 4. Question: What is the cost of the hydrant meter and water? Answer: For use and cost information of City of Fort Collins water from the water hydrant, call the Water Meter Shop at (970) 221-6759 to coordinate use and applicable costs. 5. Question: What are the costs of the permits? Answer: No permitting cost are expected on this project. There is a $35 processing fee for each Traffic Control Plan submitted to the City of Fort Collins. 6. Question: The excel bid schedule provided — the extension for the item 601-03000 Concrete Class D doesn't appear to be calculating correctly. For example, the quantity is 14 CY, but when I plug in a unit price of $1000.00, the total is $14,145.00 instead of $14,000.00. Answer: In Excel Spreadsheet titled "Bid Schedule_ McClelland Dr Right Turn Lane.xlsx" the quantity for item 601-03000 should read 14.000 CY, not 14.145 CY. 7. Question: When is the city expecting to award and issue the NTP for this project. Answer: The City of Fort Collins' aim is to have NTP by October 15', 2015, pending contract signatures and supporting documentation. 8. Question: Electrical items — by others. These include reset of a light pole and vault and reset traffic signal and vault. Who is performing this work? When is it expected to happen? If during the project, how long will the contractor need to perform this work? Answer: The City of Fort Collins will be responsible for the electrical work and will schedule resets for both the light pole and signal pole, and associated vaults, on a Sunday. The City of Fort Collins will coordinate exact dates with the Contractor after award. This work should have minimal impact to the Contractor schedule. Addendum 1- Page 2 of 2 15. Credit available: $-50C�lp 0 <D fl 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? s l � t L'06--,'.J<D What class, license and numbers? P-nnt re:U T Lly'ir+A o�59& 19. Do you anticipate subcontracting Work under this Contract? Ue—s If yes, what percent of total contract? And to whom? 'IR4PPI W&5(,&—,- L% 20. Are any lawsuits pending against you or your firm at this time? � 21. 22 IF yes, DETAIL. What are the limits of your public liability? DETAIL .Qn�s a4:. _ nar�1 . •.,,>�_ What company? What are your ci 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 -Se-v�-4.rn.bar , 20I-S Company: maur-lkkirt Cors4ru rsI ---rnC - By: 9-(.e, Printed: me- K—LI Z Title: Ir s a c) e-rd� State of C-010t-A County of Vie_ ��+Z _ being duly sworn deposes and says that he is - cif . C) t yv-tyt (Name) (organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day o��, 20, My commission expires: (Seal) SANDY P ARENDS NOTARY PUBLIC STATE OF COLORADO NOTARY ID: 199140105 MY CO16IL118SION EXPIRES MAY f, 24i 9 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #11; #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER Town of Erie Erie Municipal Airport $316,965.30 4/30/2010 Russell Pennington (303) 926-2700 Boulder County SH 7 & E. County Line Road $627,786.13 8/24/2010 Andy Reed (303) 441-3900 City of Fort Morgan Rainbow Bridge $370,458.14 5/28/2010 Bradley Curtis (970) 542-3901 Larimer County Replace Structure $175,927.56 6/23/2010 Darrell Morrell (970) 498-5728 Town of Berthoud Roundabout at 1st Street & SH 56 $973,060.84 9/30/2010 Stephanie Brothers (970) 532-2643 City of Greeley 2010 Northside Infrastructure Improvements $58,858.66 10/11/2010 Joe Marcisofsky (970) 336-4124 City of Fort Morgan Fort Morgan Municipal Airport $188,958.25 10/31/2010 Jared Moreng (970) 242-0101 CDOT SH 287 At LCR 21C $409,313.82 11/18/2010 Robert Moen (970) 350-2283 City of Greeley SH 257 and 37th Street Intersection $223,372.00 11/23/2010 Rafael Samaniego (970) 336-4122 City of Loveland 2010 Stormwater Maintenance Projects $292,813.19 12/31/2010 Eric Lessard (970) 962-2773 CDOT SH 7 @ York Street $549,145.68 1/13/2011 Raymond Stranberg (303) 398-6770 City of Greeley Poudre Ponds Recreational Fishery $153,229.31 1/31/2011 Sarah Boyd (970) 336-4180 CDOT SH 392 CBC Repair $995,452.87 5/20/2011 Louis Keen (970) 622-1282 Larimer County Replacement of Bridge No. 7-0.8-68 $535,809.93 6/15/2011 Todd Juergens (970) 498-5711 City of Loveland Boyd Lake Ave @ 5th Street $82,270.50 7/8/2011 Derek Schuler (970) 962-2647 Brannan Sand & Gravel Cherryvale Road Shoulder $242,571.07 10/31/2011 Bob Allison (303) 604-0688 Weld County Public Works WCR 17ANCR 34 Intersection Improvements $129,228.92 11/7/2011 Mike Bedell, P.E. (970) 301-0780 Town of Erie Coal Creek Trail Extension Cheesman to Reliance Park $335,899.91 12/10/2011 Wendi Palmer (303) 926-2875 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FWE YEARS GENERAL CONTRACTOR ITEM #11 #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER City of Loveland 2011 Stormwater Maintenance Projects $299,504.29 12/31/2011 Eric Lessard (970) 967.-7773 C`X of Thornton 164th I Bull Canal Bridge Replacement $236,258.00 2f2912012 Eduardo Moreno 720) 977-6272 Northern Colorado Traffic CDr 1st & Cherry Creek Bridge - Barrier Rental 349,504.00 5/912012 Trisha Sandau (970) 356-6881 CDOT US 287 Dry Creek Bridge Replacement $1,785,952.73 512312012 Louis Keen (970) 622-1282 Town of Frederick Moore Farms Drainage Outfail Charnel S69,630.00 512312012 Richard Nick -son (720) 382-5600 city of Fort Collins Intersection Improvements at Harmony & Lernay and Drake & Lemay $418,146.01 8W2012 Tlmoth Kemp. PE 970) 416-2719 Weld+County School Dist #6 Greeley West High School Parking Lot $15,830.09 612712012 Bevan Arch (970) W-6101 Weld County Publfc Works WCR W49 tnteraection $887.206.00 7/27)2012 Mike Bedell 970) 301-0780 City of Fort Morgan Barlow Road Bridge Repair $37,301.00 1 7125/2012 Bradley Curtis (970) 542-:3901 Town of Hudson Hudson Fishing Pond $290,136.00 8/3112012 Joe Racine 303 536-9311 Northern Colorado Traffic Control, Inc. US 34 Overlook - Barrier Rental S13,296.00 10131=12 Trisha Sandau 970) 356-6881 DPC Industries, Inc. Rail Spur Widening a30,000.00 1011W012 Richard McLamb (303) 536-1004 State of Colorado - D.O.W. Poudre River SFU Intake Structure S33,179.0D 10131/2012 Cory Pilon f303) 204-2252 Larimer County Replacement of Culverts 43-S3.03-61 $ 43-1.78-61 $391.322.09 11W012 Joe Tem le 970) 498-5717 CDOT SH 7 t3usiness Route - COvert Replacement $127,339.30 12 I212012 Bill Atdorfer (303) 546-5661 La rimer County Replacement of Bridge No. 54G-0.6-23E $164,082-52 41512013 Kyle Arend C970) 498-5734 City of Greeley 1st Street Storm Line Replacement at 6th Ave. $128,7a8,25 4/1112013 Linda Hood 970 350-9274 COOT US 851CR 42 Traffic Signal $688,136,25 511612013 Mlchelle Martin (970) 506-4940 City of Greeley 65th Avenue -S. of U5 34 Bypass $182,163.04 &T8f2013 Rafael Samaniego 970) 336-4122 Brannan Sand & Gravel Nitivot Road Neva Road $635,1349.69 612012013 Bob Allison (303) 604-0688 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #11; #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER Sherwood Village Assoc. Sherwood Village Drainage Improvements $236,397.00 7/12/2013 Mike Ketterling KBN Engineers (970) 395-9880 Division of Wildlife Centennial Valley SWA - Empire Ditch Crossing $58,045.00 8/30/2013 Steve Patterson, P.E. (303) 297-1192 Northern Colorado Traffic Control, Inc. US 85 Concrete Barrier $23,024.00 9/19/2013 Trisha Sandau (970) 356-6881 City of Greeley 59th Avenue Shoulder Widening $498,031.60 9/30/2013 Dave Wells, P.E. (970) 350-9796 CDOT SH 39 Flood Repair Work $155,799.53 10/31/2013 Miranda Lange, P.E. (970) 962-4017 United Water and Sanitation District Glassey Recharge Facility $250,888.60 1 1/5/2013 Adam Smith, P.E. Civil Resources (303) 833-1416 Weld County Public Works WCR 20.5/3B Flood Repair $22,670.58 11/26/2013 Mike Bedell, P.E. (970) 301-0780 Weld County Public Works WCR 20.5 / WCR 5-7 Flood Repair $86,984.48 11/26/2013 Mike Bedell, P.E. (970) 301-0780 City of Loveland North Madison Avenue Trail $109,922.42 11/30/2013 Shelley Aschenbrenner (970) 962-2558 Town of Estes Park Moraine Avenue Pedestrian Improvements $291,621.49 11/30/2013 J.C. Cundall, P.E. Farnsworth Group, Inc. (970) 484-7477 City of Loveland 2C13 Stormwater Maintanance Projects $984,965,29 11/30/2013 Eric Lessard (970) 962-2773 City of Loveland 2013 Alley Maintenance Project $50,330.00 12/24/2013 Mike Bryant (970) 962-2559 Adams County Culvert Replacement @ Big Dry Creek $285,031.73 2/28/2014 Chris Montoya (720) 523-6050 City of Loveland Hauling & Placement of Soil $197.863.05 3/28/2014 Adam Clark (970) 962-3432 Town of Erie Erie Irrigation Pond Restoration $292,739.31 4/30/2014 Wendi Palmer (303) 926-2875 City of Greeley Irrigation Pipe Repair - Reservoir Road and 23rd Avenue $41,366.25 5/5/2014 Matt Simpson (970) 350-9793 City of Greeley Lift Station 9 - Manhole Access Road Repair $62,400.00 5/20/2014 1 Phill Carter (970) 350-9826 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #11-, #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER C' of Evans C Streambank - Flood Repair 644,281.35 5130/2014 Dawn Andersorr (970) 475-1150 Cit`r' of Loveland 4th & Railroad Parking Lot $96,045.37 613012014 Marc Ka asks (970) 962-2393 Weld County Public Works WCR 23/SH 392 Intersection 32,430,240.98 713112014 Mike Bedell, RE. (970) 304-6496 Town of Windsor 7th Street Trail $250,600.96 8131/2014 Curtis Templeman, P.E. (970) 674-2400 Airfield Western, LLC Erie Municipal Airport $12,753.00 1012912014 Brian Hoops (970) 252-1747 Town of Miilikem Heritage House Site Improvements $84,888.70 10/31/2014 Sharlene Shadowen, P.E. City of Fort Collins West Side Access Road - N. College Road Improvements $509,277.54 1111412014 Randy Maizland (970) 221-6775 City of Fort Morgan Upper Platte & Beaver Ganal Bank Stabii'raation $155,979.00 12131/2014 Brad Curtis (970) 542-3901 City of Loveland 2014 Loveland Stormwater Maintenance $433,350.08 1213112014 Eric Lessard (970) 962-2773 City of Fort Collins W. Prospect Road Bridge Replacement $788,752.17 1/3112015 Marts Laken 970 222-3W Coulson Excavating Dakota Glen First Subd Jision $12,684.00 3/2412015 Bill Schrader (970) 667-2178 Crty of Greeley 20th Street, 1st Avenue to Balsam Avenue $1,212,884.20 4/912015 Dave Wells, P.E. (970) 350-9881 City of Fort Morgan Riverside Park Pedestrian Bridge $106,333.33 4/1712015 Brad Curtis 970542-3901 Coulson Excavating Town of Berthoud $23,896.00 4/2112015 Bil6 Schrader 970 667-2178 City of Fort Morgan Linda Street Construction $551,905,82 5/3112015 Brad Curtis 970) 542-3901 City of Greeley 10th Street Access Control Project $2,047,111.28 5131)2015 Rafael SamanteGo (970) 336-4122 Town of Windsor WCR 21 Q Greeley No. 2 Canal $700.635.70 5125/2015 Curtis Tern leman, P.E. {970)674-2400 City of Loveland Madison Avenue Bridge $1,250,433.31 6/30/2015 ShelleyAschenbrenner (970} 962-2558 SIMILAR PROJECTS MOUNTAIN CONSTRUCTORS, INC. CONSTRUCTION EQUIPMENT AVAILABLE ITEM #12 QUANTITY DESCRIPTION 15 Pick ups, 3/4 ton 4 Service Fuel Trucks / Mechanic Truck 2 Dump Trucks 4 Water Trucks 2,000 Gal., 3,500 Gal., 4,000 Gal. 5 Truck Tractors - 85,000 GVW 13 Trailers - End Dump (2), Bottom Dump (3), Low Bed (2), Floats (4), Side Dump (2) 1 Crawler Dozer - CAT D7H 4 Motor Graders - CAT 130G, 140G, 140H, 143H 8 Rollers - CAT 815, Dynapac 2511, CAT 433B, CAT 563C, CAT 563CP, CAT CB-114, CAT CS433C, AR-13-H 3 Motor Scrapers - CAT 623B, CAT 623E, CAT 613C 5 Rubber Tire Backhoes - JD 310D, JD 410D, JD 410E, JD 410G, CAT 430D 9 Track Backhoes - JD 892D, JD 892E, JD 450LC, JD 330 CLC, JD 350D LC, Komatsu PC228US-3, Kubota U35 4 Skid Steer - Bobcat S175, S300, T300 (2) 1 Power Curber 5700-B 1 Air Compressor - Ingersol Rand 185 CFM 2 Welders 200Amp (3), 300 Amp (1) 4 Water Pump - 6", 3" (2), 4" (2) 6 Wheel Loaders - CAT 950, CAT 966E, CAT 980F, CAT 966F, CAT 938F, CAT 938K 2 Demo Hammer 2 Generator - 50KW, 36KW ITEM #14 MOUNTAIN CONSTRUCTORS, INC. OFFICERS AND PRINCIPALS 622 MAIN STREET PLATTEVILLE, CO 80651 YEARS OF INDUSTRY NAME TITLE EXPERIENCE Sandy Arends Corporate Secretary / Accountant 17 Steve Bisig General Superintendent 45 Dan Boyer Superintendent 10 Joe Kuntz President / Owner / Safety Officer 47 None of the above employees or company officers have ever been convicted of bid related crimes or violations in any jurisdiction. Nor are any of the above employees or company officers under notice of intent to disbar or has ever been debarred in any jurisdiction. Item #6 WORK ON HAND AS OF SEPTEMBER 2016 CONTRACT ESTIMATED ESTIMATED DATE PERCENT PROJECT NAME OWNERIARCHITECT PRICE START DATE OF COMPLETION COMPLETE CDOT SH 257 Repairs (970) 5064952 $716,973.28 9/15/2016 11/20/2015 01% Town of Johnstown South Parish Avenue (970) 687-4664 $1,100,002.50 4/6/2015 9/2612015 75%fl Larimer County Culvert 23-0.15-50E Mill Creek (970) 498-5700 $199,234.20 7/20/2015 9/2512015 75% Town of Severance Roadway & Drainage Improvements (970) 395-9880 $1,754,847.00 6/22/2015 10/17/2015 10% Stormwater Maintenance Projects - City of Loveland Sage Court (970) 952-2773 $400,000.00 7/112015 12/21/2015 75% Weld County Road 13,19 & 126 Haul Road Weld County Project (970) 304-6496 1 S5,329,160.80 8/312015 1 10/16/2015 1 25% TOTALS $9,500,217.78 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 500 of the contract. ITEM ieA FAc 1t SUBCONTRACTOR ]Afnc M 6-s ta-.-, City of F6rt Collins �Pur�chasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8157: McClelland Drive Right Turn Lane OPENING DATE: 3:00 PM (Our Clock) September 4, 2015 Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221,6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Correction The bid documents reference bid number 8157, however, the bid number is stated as 8159 in the Rocky Mountain Bid System. For this project bid number 8157 is synonymous with Bid number 8159. Exhibit 1 — Questions and Answers Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY ENCLOSED WITH THE BID/QUOTE STATING THAT THIS RECEIVED. A WRITTEN STATEMENT ADDENDUM HAS BEEN Addendum 1- Page 1 of 2 COLonADO DEPARTMENT OF TRANSPORTATION Pf"ECT rrc. (9 k '5-1 ANTI -COLLUSION AFFIDAVIT rxa.ra�n Mr;lesl�.r, For4_- tz-H n5 CO I hereby attest that I am the person responsible within rrry firm for the flnal decision as to the pr:ce(s) and amount of this bid or, it not, that I have written authoflzation, enclosed herewith, from that person to make the statements set out below on his or her behalf and can behalf of my firm. further attest that. 1. The price(s) and amount of this laid have been arrived at Independently, without consultation, communication or agreement for the purpose or wlth the Wlect of restricting colapetltion with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of tills bid have been disclosed to any other firm or ps son who is a bicder cr potential prime bidder an this project, and will not be so disdosed prior to bid opening, 2B. Neilher the prices nor the arnount of the bid of any other ►Irnt or person who Is a bidder or po'.enlial prime bidder on this project have teen dis ;krsed to me or my firm. 3A. No attempt has been rrade fo solicit, cause or Induce any firm of person who is a bidder or potential prime bidder tc refrain from bidding on this project, or to submit a bid higher than the bld of this firm, or any intentionally hlgh or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, ncncompeillive or otter form of complernentary bid on this project. 4. The bid of my firm is made In good faith and nci pursuant to any consultation, communication, agreement at discussion with, or lnducement or solicitation by or from any firm oT person to submit any intentionally high, noncom- petitive or other form of c*mplementary bid. 5. my iirm has not offered of entered Into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other projec,, in consideration for an agreement or promise by any firm or Person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of comp'ementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarcing the safe of materials or services to any firm or person, and has not been promiruod of paid cash or anything of value by any firm or person, whether in connecfion with -his or any other project, In consideration for my firm's submitting any intenffonal1w hlgh, noncompetitve or dher forrn of complementary bid, or agreeing or promising to do so, on this project, 7, have made a diligent Inquiry of all members, olkers, employees, and agents of my firm with responsiblitles relating to the preparation, approval or submission of my firms bid on this project and have been advised by each of them that he or she has not partic6pated in any communication, consultation, discussion, agreement, collusion, or other conJuct Inconsistent with any of the staements and representations made in this alfidavit, 9. 1 understand and my firm understands that any misstatement In this affidavit Is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contact. I DECLARE UNDER PENALTY OF PERJURY iN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT Ti-IE STATEMENTS MADE ON T;A15 D03UAtE.NT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, Crn'mWor a rI rn or tmpanq nar-w By Gale �" �,.t1�i e"1 !••iS�*i .'�.o r`-St t"( THIS - 2nd%rilrracgerbPin erccrnwgnrm0.Ull ml'Wuro.h By a Ti Ae Sworn to before me this 46` day of, 5elf'Ler+N�f 20 I5 Nat, .,, SANDY R AAENDS NOTARY PUBLIC r�Y :aa�n ex r� STATE OF C©LORADO NOTARY ID:19914013585 NOTE: This document must be signed in ink. G GOT Form Yeue UVC Project Name and Number Projec: Code Proposal Date Contractor Reglori Subcontractors7Suppller ertdors: The bidder MUSt list all firms seeking to partiopate on the contract. This informa`ion is usr d by the Colorado Departmeil of Transportation (CWT) to deterrnine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this farm may resAt in Ilia moposal being (elected, Firm Name Einall Wank Proposed DBE I Selected tSslect all that aGrWO (YlNi (YP4) if ciii-V y hat the information provided herern Is true and correct to flip hest of toy knowledge. I] Work Proposed Cawgorks: 1 Atafenals PWsf arches 2_ AVyfngrend Tr0,Sc ConWnf 3, Tnr�lurg and Harding 4 Prdcost Corcieto. Fou.%1jrions. anvil Ftahn9s 5, Cor ale Pa',4141. r 1arrrxwk and flepair 5. Lighbry and Efectdcal 7 Srgris Stgnaflnsral/Miwi and<3uaayral' 9 FenciiV 9 fJcritdrrrystrrKf VejUk:91sinxtutes 10 UtRy. Water arld Sp r.er U70S thIs form must be submltted 11 Sf.16VOratSlsalend Steel Reintarcerne,al i2 R,praPanclA»chca;eciRetatnrrr�ry�'Jalls 13 La ulscaOe and Er: Shjn Comxq 14 Srutge and$rid99 NOColl ste"Chon 15 AsphaftPotOg 16 RoactarwParkin�Lot lhi A(A) 17, Cl Up Seal. Crack Seal, Joint Seai and Crack rill !g Brtr1gePa,9tWAI641 caarrnrY 19 Stalm'QY am, OrnamentallMIN 20 Parking Cofsarrd CvrruraarsialSr rer:afks deadline. For COOT projocts,submrtto 21 Cfeatfng Dernolrtron, Excavatrcmand Esni imAr 22. Erorneeriny and SuwLipngr Ser,,7css 23 f't,Vrc Refatrans ancr tnvolvarrren! .?a NO o ncl Deep Founclarrdrns 25 Waste f tanaruermrrl anrt Recyciray 26 Site Clean Uo 27. hfetirar>icaland HVAC 20 Turnngl wris avcs an 29. R,ofilial. and Grindwi 30 Cnvwonwai- alllealthiovv Salefy s. CCAT Fom5 #1413 Dill 4 COLORAtDO DEPARTMENT OF TRANSPORTATION ANTICIPATED ®BE PARTICIPATION PLAN Bidder: r5 "S Project root kIJ&nJri J.'a It+r'rt Contact Project Code: Phone: R70 _ Jq_ i 8Li Date of Prcposal: int Email: r� rs Co CcntractGoal: S o Preferred Contact A th Region: Ubc 2..ommIrrrae1-115 OBE Firm Name Work to Be Performed Commitment Eligible Amount Participation W WEEK-- N i ►� f C' v 2 2 Od a Zz au. Total Eli Ible Partici atlon Zz op, Totaf Ud Arrwunt N!��] Total Eligible Partici ation Percenta e Bidder Signature This section must be signed by an Individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knotivledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the follovring: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of COOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed abave, if you have not met the ocntrac,�t goal, yore will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged BLSiness Enterprise Requirements. 2-2 AE' q ! Name Title 8ignature Data This forth must be submitted by the proposal deadline. ForCDOT projects, submit to cdot hq_dbeferms0istate.co.us. Civil Rights and Business Resource Center COOT Form #t 1414 01 il4 CERTIFICATE OF CONTRACTORS COMPLIANCE TO B11 Y A MERICA IV All steel and/or iron products to be permanently incorporated into the CDOT Federal Aid Project Number 8157, with a project location of McClelland Drive Right Turn Lane, will be produced or manufactured in the United States of America, Puerto Rico, District of Columbia or in any of the territories and possessions of the United States of America, except as listed below: X No Exceptions As per suppliers' certifications Minor Exceptions: Value less than 1/10th of 1% construction cost or $2,500 whichever is greater. Documentation is in our project files. Certifications that every process, including the application of a coating, performed on steel or iron products stating that it has or has not been carried out in the United States of America is on file. This certification creates a chain of custody that includes every supplier, distributor, fabricator, and manufacturer that handles the steel or iron product. Our actions were in full compliance with Colorado DOT`s Standard Specifications for Road and Bridge Construction, Section 106.11 Mountain Constructors, Inc. Joe Kuntz President I, Tina Wolfe, as Assistant Secretary of Mountain Constructors, Inc., hereby affirm that the foregoing certificate was signed this 1;4-� day of 2015 by Joe Kuntz, who is the duly constituted President of Mountain Constructors, Inc. and who is authorized to bind the Corporation to this Certificate. 14 Tina V►tolfe, kss--Is&nt Secretary P.O. BOX 405 • PLATTEViLLE, COLORADO 80651-0405 * (970) 785-6161 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: September 10, 2015 TO: Mountain Constructors Inc. PROJECT: 8157 McClelland Drive Right Turn Lane OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 4, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8157 McClelland Drive Right Turn Lane. The Price of your Agreement is Two Hundred Eighty Thousand Five Hundred Twenty -Nine Dollars ($280,529), which is the Total Base Bid after adjustments due to incorrectly formatted cell errors on line items F/A Muck Excavation (add $10,500) and Concrete Class D (less $119.63). 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 September 25, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. OWNER L By: Gerry P Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 10th day of September in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Mountain Constructors Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8157 McClelland Drive Right Turn Lane and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by CH2M Hill, 9191 S Jamaica Street, #400, Englewood, CO 80112, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within sixty (60) calendar days after the date when the Contract. Times commence to run as provided in the General Conditions and compleed and ready for Final Payment and Acceptance in accordance with the General Conditions within ten (10) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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: One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the sixty (60) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the ten (10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Eighty Thousand Five Hundred Twenty -Nine Dollars ($280,529), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET NO. INDEX OF SHEETS 1 TITLE SHEET 2-3 GENERALNOTES 4-5 TYPICALSECTIONS 6 SUMMARY OF APPROXIMATE QUANTITIES 7-11 TABULATIONS 12 GEOMETRIC LAYOUT 13. 14 CONSTRUCTION PHASING 15 REMOVAL PLAN 16 ROADWAY PLAN 17 INTERSECTION DETAILS 18 POINTTABLE 19- 23 STORM WATER MANAGEMENT PLANS 24 SIGNING AND STRIPING PLAN The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS EXHIBIT 1 — QUESTIONS AND ANSWERS 1. Question: Provide clarification regarding the project work hours. Answer: Normal work hours for this project are 7:0 Work on Saturdays from 7:00 am to 6:00 p written approval by the City. Additionally, traffic requirements, work on the following October 17, October 31, and November 14. 2. Question: 0 am to 6:00 pm Monday through Friday. m will be considered but will require prior due to CSU home games and associated Saturdays is not authorized: October 10, What are the requirements for working in the railroad Right of Way (ROW)? Answer: The City does not anticipate any work to take place in the railroad Right of Way. Additionally the railroad ROW area cannot be utilized for staging equipment or materials. A map of the railroad ROW area is available upon request. Addendum 1- Page 2 of 2 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: Cl FORT COLLI S By: % GERRY PAUL PURCHASING DIRECTOR Date: I &"47 VOR Attest: City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to F T I 4 1/ N j ,X,. Assistant City Attorney CONTRACTOR: MOUNTAIN CONSTRUCTORS INC. BY: (2SOP K-�rdz_ PRINTED Title: Date:T� !S (CORPORATE SEAL) Attest: Address for giving notices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8157 McClelland Drive Right Turn Lane To: Mountain Constructors Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20 and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: Mountain Constructors Inc. 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.54206135 KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors Inc. 622 Main Street, PO Box 405, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) United Fire & Casualty Company (Address) P.O. Box 73909, Cedar Rapids, IA 52407-3909 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 Two Hundred Eighty Thousand Five Hundred Twenty -Nine Dollars ($280,529) 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 10th day of September, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8157 McClelland Drive Right Turn Lane. 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. Bond No. 54206135 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 17th day of September , 2015. IN PRESENCE OF: Principal Mou/n/tain, Constructors, Inc. (Title (Title) (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN P ENCE OF: Lee Anne Meaux, Surety Witness (Surety Seal) P.O. Box 405, Platteville, CO 80651-0405 (Address) Other Partners By: Not Applicable By. Not Applicable Surety United Fire & Casualty Company By:_ " wt�— Auo� Florietta Acosta, Attorney -in -Fact P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Address) NOTE: Gate 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.54206135 KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors Inc. 622 Main Street, PO Box 405, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) United Fire & Casualty Company (Address) P.O. Box 73909, Cedar Rapids, IA 52407-3909 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 Two Hundred Eighty Thousand Five Hundred Twenty - Nine Dollars ($280,529) 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 10th day of September, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8157 McClelland Drive Right Turn Lane. 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. Bond No. 54206135 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 17th day of September , 2015. INPRESENCEOF: Principal Mountain Constructors, Inc. J"('Le 44� 7�t 2S e dp— r-IT_ (Title) (Title) (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN P E E OF: Lee Anne Meaux, Surety Witness (Surety Seai) P.O. Box 405, Platteville, CO 80651-0405 (Address) Other Partners By: Not Applicable By: Not Applicable Surety United Fire & Casualty Company By: q�ln V'� &&&:� Florietta Acosta, Attorney -in -Fact P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX Inquiries: Surety Department Uf FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA 118 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 19491 (original on file at Home Office of Company — See Certification) uNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under s4aws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of has; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint DONALD E. APPLEBY, OR SARAH C. BROWN, OR MARK SWEIGART, OR TODD BENGFORD, OR FLORIETTA ACOSTA, OR SUSAN J. LATTARULO, ALL INDIVIDUALLY of GREENWOOD VILLAGE CO their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100 , 000 , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE& INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. `�\allonuu. ,r \SU4, , ,\ 1,/„ „IIIIIII,III IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its o °o -�.4 �- ,``OPOE. PPORg.1+, ,, vice president and its corporate seal to be hereto affixed this 6t h day of May, 2015 —w CORP; �q A C;� ORATEGO 4j. F CORPORATE c _.r �IJLY27 �:o- UNITED FIRE & CASUALTY COMPANY SAL e sEAL = ses UNITED FIRE & INDEMNITY COMPANY Ntl PIDS%FeSTER T� 4ZIFOP?•' �',,.� FINANCIAL PACIFIC INSURANCE COMPANY ,IIIIIIIH\`\ ij11111111111\\\\\ /,''/llllllllllillllllt\\�```\\ V By: State of Iowa, County of Linn, ss� Vice President On 6th day of May, 2015, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. �y+e a Mary A. Bertsch Iowa Notarial Seal Commission number 713273 WNotary Public W. My Commission Expires 10/26/2016 My coruwziission expires: 10/26/2016 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDE14✓INITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set fort? in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts Thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscrib d my name and affixed the corporate seal of the said Corporations G�>oMG—� this % day of �-20 1 I`,,,�ICAs„7Et,11j�!hi `\\U\Iu1FIIIp�E a`\a\inlNSlnp,� QFO/igl9'%cct` s Y CORPORATE ? W CORPORATE g Q _ DULY 21 �� O �= By: SEAL .. i��'��Q. ,o@P� ii 5- e � s `>•CqC /fOP�\P �2� _ ER Secretary, OF&C Assistant Secretary, OF&I/FPIC BPOA0049 0115 Client#: 33585 MOUCONPC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 9/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 330 South Greenwood Village, CO 80111 CONTACT pat Reece NAME: PHONE FAX A/C No Ext ; 720-622-8246 _ ac, No): 855-668-0069 E-MAIL reece holmesmur h ADDRESS: P P ycom INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Charter Oak Fire Insurance Comp 25615 INSURED I INSURER B : Travelers Property Casualty Co. 25674 Mountain Constructors, Inc. 622 Main Street INSURERC: Pinnacol Assurance Company 41190 PO Box 405 INSURER D : Platteville, CO 80651 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L_TR_ TYPE OF INSURANCE ADDLLISUBRI INSR IWVD I POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X PD Ded: $1,000 X DTC0326DO33215COF 7/28/2015 07/01/2016 EACH OCCURRENCE $1,000000 PREMISES (Ea RENTED $300 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO JECT 7 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ AUTOMOBILE X _ X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS Drive Oth Car X DT810326DO33215TIL 7/28/2015 07101/2016 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE DTSMCUP326DO33215T 7/28/2015 07/01/2016 EACHOCCURRENCE $8,000,000 AGGREGATE $$ 000 000 DED I X RETENTION $$1 O 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 3027994 7/01 /2015 07/01 /201 X WC STAT IT OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 E.L. DISEASE- POLICY LIMIT $1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: 8157 McClelland Drive Right Turn Lane As required by written contract or written agreement, the following are included as Additional Insured under General Liability and Auto Liability. Additional Insureds: The City of Fort Collins, its officers, agents, and employees City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 300 Laporte Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S 158306IM 149224 LI N R 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED 'J BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 —COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES -- INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a -contract in - an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 0050(Y 1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 Davis Bacon Wage Rates 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 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -- INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2:a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are _a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION If — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico -and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA, Cover- 5. Transfer Of Rights Of Recovery Against q age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: - - or "loss", provided,that the'"accident" �or-ioss (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of insurance Services Office, Inc. with its permission. 0 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products -completed op - age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for Such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is "other erty damage" or "personal injury" arising out excess over any valid and collectible in- of the rendering of, or failure to render, any surance", whether primary, excess, contingent or professional architectural, engineering or sur- on any other basis, that is available to the addi- veying services, including: tional insured when that person or organization is "other an additional insured under such insur- L The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'Occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of 'Other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 003384 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 I general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8157 McClelland Drive Right Turn Lane LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Mountain Constructors Inc. CONTRACT DATE: September 10, 2015 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DA 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: Mountain Constructors Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Mountain Constructors Inc. for the City of Fort Collins project, 8157 McClelland Drive Right Turn Lane. 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 September 10, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Mountain Constructors Inc. (CONTRACTOR) PROJECT: 8157 McClelland Drive Right Turn Lane 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: MOUNTAIN CONSTRUCTORS INC. 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 00020 INVITATION TO BID SECTION 00660 CONSENT OF SURETY TO: CitV of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Mountain Constructors I PROJECT: 8157 McClelland Drive Right Turn Lane CONTRACT DATE: September 10, 2015 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 , 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A• DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. ( Business telephone number. Colorado withholding tax account number: Copies of contractor agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): I Exempt organization's number 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year -conskucion dos: completion date: i I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GINFRAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ........_..........:................._........-......1 LI Addenda_ ......... .......... ....... ....... 1.2 Agreement..........................................1 1.3 Application for Payment. ............ L4Asbestos .............. .......::.........:......:....1 1.5 Bid...._ ...................................,..... 1 L6 Bidding Documents ...........:................. 1 1.7 Bidding Requirements .........................1 L8Bonds ................:................................1 1.9 Change Order .............„ 1.10 Contract Documents............................1 I.11 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,1 1.12 Contract Tim es,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.13 CONTRACTOR..................................1 1.14 defective.....,.......................................1 1.15 Drawings ..... .............. ........ ............. :....1 1.16 Effective Date of the Agreemcnt.... __,_ 1.17 ENGINEER—. ... I ......... ....................... 1.18 ENGINEER's Consultant 1,19 Field Order................_.......,........,.......1 L20 General Requirements 1.21 ......................... Hazardous Waste l 22.a 1.2 Laws and Regulations; laws or Regulations 1.22.b Legal Holidays ............ ............... .......... 2 1.23 Liens ..................:............................... 1.24 Milestone............................................2 1.25 Notice of Award 2 1.26 Notice to Proceed,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,,,,2 1.27 OWNER.............................................2 1.28 Partial Utilization,.. ............................. 2 1.29 PCBs 2 1,30 Petroleum ............... .......................2 1.31 Project._......_ ....... ............. ... ....2 .......... 1.32.a Radioactive Material,2 1 32.b Regular Working Hours.,.,._-, .............. 2 1.33 Resident Project Representative ,,,,,,,,,,,,2 1.34 Samples..............................................2 1,35 Shop Drawings......... .......................... 2 1.36 Specifications ,,,• ........................... 1.37 ......2 Subcontractor ..................................... 2 1.38 Substantial Completion 1.39 Supplementary Conditions..... ............... 2 1.40 Supplier..............................................2 L41 Underground Facilities, .................... 2-3 1.42 Unit Price Work .........................-....... 3 1,43 Work..................................................3 1,44 Work Change Directive,,,,,,,,,,,,,,,,,,,,,,,, 1.45 Written Amendment,._,,,.,.,,-„,,,,,,,,,,,,,,} Page Number 2. PRELIMINARY MATTERS................................3 2.1 Delivery of Bonds....„ ...................... 3 4:2 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Procce4 ........ 3 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction: CONTRACTOR's Responsibility to Report; Preliminary Scheddes; Delivery of Certificates of Insurance ...................... _........_. 3.4 2.8 Preconstruction Conference ............... 4 2.9 Initially Acceptable Schedules..,,-.,,..4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................. I ...... 4 3.142 Intent, ........ ..... ...................... 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepanc ies................................. 4-5 3-4 Intent of Certain Terms or Adjectives........................... I ......... 5 3.5 Amending Contract Docunents,,,..... 5 3.6 Supplementing Contract Documents ............ . ...................... 5 3.7 Reuse of Documents .........................5 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; i REFERENCE POINTS ..........................,.......,,.....5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ..................... fi 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data.................................... .._.....6 4.2-3 Notice of Differing Subsurface or Physical Conditions..................6 4.2.4 ENGINEER's Review ........................ 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments............... .............. y-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated_.................7 4.4 Reference Points, ..................... __ ..... 7 LicDc (;ENE1tAt. ComxnoNs i910-811990 EciinoN) wl CITY OF FORT COLUNS MODIFICATIONS XV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material7-8 S. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bands.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance_..... _...._....., 8 5.4 CONTRACTOR's Liability Insurance.........................................9 5.5 OWNER's Liability Insurance...............9 5.6 Property Insurance ..... ..................... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ._.,._.......... 10 5.8 Notice of Cancellation Provision _....„,.10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5,10 Other Special Insurance.. . ........ ..11- 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... 10-I1 5.14 Acceptance of Bonds and Insu- ance; Option to Replace_.._..............11 5.15 Partial Utilization --Property Insurance ........................................11 6, CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendenc411 6.3-6.5 Labor, Materials and Equipment_.. I1-12 6.6 Progress Schedule..............................12 6.7 Substitutes and 'Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER'S Evaluation. . ........... 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others, Waiver of Rights .... ......... ........ ...13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,,14 6.13 Permits ........................ ..................... 14 6.14 Laws and Regulations ........................14 6.15 Taxes...........................................14-15 6.16 Use of Premises ..................... I——....... 15 6.17 Site CleanlineM................................ 15 6.18 Safe Structural Loading ...................... 6,19 Record Documents ................. ...........15 6.20 Safety and Protection ........... ........J5-16 6.21 Safety Representative ........................16 6.22 Hazard Communication Programs .... ,.16 6.23 Emergencies.....................................16 6,24 Shop Drawings and Sample*..............16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ..............................-.....16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER,,.,., I6-17 6.27 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENGINEER"s Review and Approval of Required Submittals_ .................................17 6.29 Continuing the Work......................17 6.30 CONTRACTOR's General Warranty and Guarantee..............17 6.31-6.33 Indemnification__, __ _,. ____ __,------ 17-18 6.34 Survival of Obligations...................18 7. OTIIER WORK................................................1 s 7.1-7.3 Related Work at Site.......................18 7A Coordination ....... ................ ...:...... 18 S. OWNER'S RESPONSIBILITIE.S.........................j8 8.1 Communications to CON- TRACTOR ................................ I8 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly When Due..................................18 8A Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance.......................................19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals ......................... I.........19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities. _. _.....................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ... _....... _-__ .... 19 8.11 Evidence of Financel Arrangements..............................j9 9. ENGINEER'S STATUS DURING CONSTRUCTION..._........................................19 9.1 OWNER's Representative, ....... ,...... 39 9.2 Visits to Sitc..................................19 9.3 Project Representative ...............J9-21 9A Clarifications and Interpre- tations ............................... 21 9.5 Authorized Variations in Vbrk........ 21 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITIOM w/ CITY OF FORT COLLINS MODMC.AT1ONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ................. 21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and Payments....................................21 13.10 OWNER May Stop the Work ....... ,.28 9,10 Determinatims for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work .......................... 28 NEER as Initial Interpreter..............22 13.12 Correction Period ........................... 28 9.13 Limitations onENGINEER's 13.13 Acceptance ofDefectiveWork... ... _28 Authority and Responsibilities,.,, 22-23 13.14 OWNER May Correct Defective Work 28-29 CHANGES IN THE WORK.............................._.......23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment .........................23 COMPLETION ............................ ......29 10.3 Work Not Required by Contract 14.1 Schedule of values .........................29 Documents .................................... 23 14.2 Application for Progress 10A Change Orders ................ ................. 23 Payment, ...................... .............. 29 10.5 Notification of Surety... .... ........... ,..... ,23 143 CONTRACTOR's Warranty of Title...........................................29 CHANGE OF CONTRACT PRICE_. . ........................ 23 14 4-14.7 Review of Applications for 11.1-11-3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ................ 30 the Work ............... ..................... 23-24 14.10 Partial Utilization,... .................. 30-31 11.4 Cost of the Work ........................... 24-25 14.11 Final Inspection.............................31 11.5 Exclusions to Cost of the Work ........... 25 14.12 Final Application for Payment,.,,,,,, 31 11.6 CONTRACTOR's Fee,,,,,,, 25 14.13-14.14 Final Payment and Acceptance ------- 31 11.7 Cost Records.................................25-26 14.15 Waiver of Claims 31-32 11.8 Cash Allowances ........ ......................26 11.9 Unit Price World ........................... __26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment ........................ 26 15.2-15.4 OWNER May Terminate ............ _.-- 32 12.2 Time of the Essence,,,,,,,,,,,,,,,,,, ,,,, ,26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,..,,,,, ,,,, 32-33 Control ..................................... 26-27 12.4 Delays Beyond OWNFR's and 16. DISPUTE, RESOLUTION..................................33 CONTRACTOR's Control................27 IT MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ......... ................. __ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times, ................... 33 DEFEC771,E WORK .... ........ ...................... .............. _27 17.3 Notice of Claim........... 13.1 Notice of Defect%...............................27 17A Cumulative Remedies,....................33 13.2 Access to the Work ....... .....................27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included_,,,,,,,,,,,,,,,,,,,,,,, , 33 CONTRACTOR's Cooperation,,,,,,,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNI R's Responsibilities; intentionally left blank.......................................35 Independent Testing Laboratory.,..., 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities..............................27 Dispute Resolution Agreement ,................... GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration.,,,.........................gC-AI tion, Testing or Approval.................r7 16.7 Mediation, ,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,GC-A1 iv EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (,RF.V 9/99i INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bands and Insurancq.........................................5.14 defective Work............................10A. L 13.5, 13.13 final payment.........................................9.12, 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ..........................7-3 Substitutes and "Or -Equal" Items....................6.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site. related Work_, .... _ ................................... 7.2 Work. ................................... I.1. _ 13.2, 13.14, 14.9 Acts or Omissions--. Acts and Omissions.- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER__ ... ...... * .......... 6,20, 9.13.3 OWNER................................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustm ents- Contract Price or Contract Times ..._........_......_.._I.5, 3.5, 4.1, 4.3.2. 4.5.2, ..............................4.5.3, 9.4, 9.5. 10.2-10.4. .........................................11. 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement— definition of......................................................1.2 "All -Risk" insurance, policy form............................5.6.2 Allowances, Cash__, ................... ....... ................. 11.8 Amending Contract Documents, ............... ............... 3.5 Amendment. Written -- in general_-, ... ..... J.10, 1.45, 3.5, 5.10, 5.12 6.6.2 ..........................0.8.2, 6.19,10.1, 10.4, 11.2 .............12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ............... _.... ,,_9.10, 9.11, 10.4. 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINF.F.R's Responsibility ............................... 9.9 final payment ,,,,,,,,,,,9.13.4, 9.13.5, 14.12-14.15 in general .......................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ..................................... 14.1-14.7 review of......._.._.....................................:.14.414.7 Arbitration .... ...................................... ........... 16.1-16.6 Asbestos -- claims pursuant thereto ...... ................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work..-. .... 4,5.2 definition of ................... .................... ................ 1.4 Article or Paragraph Number OWNER responsibility for............................4.5.1, 8.10 possible price and times change,_ .... _._._...... .... ,4.5.2 Authorized Variations in Work,....,.,, 3.6. 6.25, 6.27, 9.5 Availability, of Lands...... _ .................. ......... ..... 4.1.8.4 Award, Notice of--defined.......................................1.25 Before Starting Construction ... ............ ............... 2.5-2.8 Bid --definition of .__ _..............1..5 (1.1, 1.10, 2.3, 3.3, ................I.......4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents -definition of ..........,1.6 Bidding Requirements --definition of .......................................... 1,7 (1.1, 4.2.6.2) Bonds -- acceptance of. ....... _......................5.14 additional bonds...............................,,,10.5. 11.4.5.9 Cost of the Work._, definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ........ ......... 14.12-14.14 general......................................1.10, 5.1-5.3, 5,13, ........... ........ I.- ...... I .......... 9.13, 10.5, 14.7.6 Performance, Payment and Other... ................ 5.1-5-2 Bonds and Insurance --in general...............................„5 Builder's risk "all-risk" policy form .................. ...... 5.6.2 Cancellation Provisions, Insurance.,,.,,., 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion,,,,,,, 1.38, 6.30.2.3, ........... .......... ...... ............. ..... .---- 14.8, 14.10 Certificates of Inspection ................. .9.13.4, 13.5, 14.12 Certificates of Insurance, ............. 2.7, 5.3. 5.4.11. 5.4,13, --I...................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances...................................„._...,,.,11.8 claim for price adjustment,.,,.,,,,,,; 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 9.5, 9.11, 10.2. 10.5, 11?, 13.9, ............ ........... 13.13,13.14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cast of the Work general ............ ...................... ....... .......11.4-11.7 Exclusions to .......:...................................... 11.5 Cost Records......................................._............J 1.7 in general ... ......... J.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety.........................................10.5 Scope of, ..................... .............................. 10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910.9 (1990 EDITION) wl CITY OF FORT COLLINS. MODIRCATIONS (REV 9199) Unit Price Work 11.9 Article or Paragraph Number Value of Work..................................................31.3 Change in Contract Times -- Claim for times adjustmcnt........ 4.1, 4.2.6, 4.5, 5.15, 6.8.2 9.4. 9.5, 9.11, 10.2, 10.5, 12.1, .... 13.,13.13,13.14,14.7,15.1,15.5 Contractual time limits..................:,.,,..,,,,..,..,.,12.2 Delays beyond CONTRACTOR's control 12.3 Delays beyond OWNER's and CONfRACTOR's control............................12.4 Notification of surety.. ........ ........... ..._.............. 10.5 Scope of change....,- ..............................10.3-10.4 Change Orders -- Acceptance of Defective Work ---- ....................... 13.13 Amending Contract Documents ......................... :.5 Cash Allo�cances,.,,..., ,. „., , , ,. 11.8 Change of Contract Price .................................... I I Change of Contract Times— ............ ................... 12 Changes in the Work_, .............. .......................... 10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 CostRecords....................................................11.7 defmi Lion of.......................................................1.9 emergencies ..... . .: ........•........,,,,........................0.23 ENGINEERs responsibility.,,,.., 9.8. 10.4. 11.2. 12.1 execution ot.................................... .................. JO.4 Indcmnifiction .........................012, 6,16, 6.31-6.33 Insurance, Bonds and.. .... ............... 5.10, 5.13, 10.5 OWNERmay terminate ................. ............15.2-15.4 OtArNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurface and, .............. .............................. 4.2 Underground Facilities-- ,..........................4.32 Record Documents.___ ....... ..........,. _--- -- 6,19 Scope of Change ..................... .... .............. 10.3-10.4 Substitutes—_ ......... .......... .......6.7.3.6.8.2 Unit Price Work ................................................ 11.9 value of Work, covered by .................. .. ......11-3 Changes in the Work...... - . ._............. ........... ..............10 Notification of surety ..... ............ ....... ........... ......10.5 OWNER2i and CONTRACTOR's responsibilities ................. .....................11....10.4 Right to an adjustment......................................10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR...............:...................:6.16 against ENGINEER.........................................6.32 against OWNER— ....... ................................... fi.32 Change of Contract Price....,.....................9A. 11.2 Change of Cottract Times .......................... 9.4, 12.1 CONTRACTORs.............4, 7.1. 9A. 9.5, 9.11. 10.' ...........................I I'Z 11.9, 12.1. 13.9, 14-8, _,15.L 15.5, 17.3 vi CONTRACTOR's Fee 11.6 Article or Paragraph Number CONTP,ACTOR's liability ,,,,,,,,,„5.4. 6.12, 6.16, 6.31 Cost of the Work_......................................11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution............................................36.1 Dispute Resolution Agreement ;,,,,,,,,,,,,,,,,,,16.1-16,6 ENGINEER as initial inteapretor .......................9.11 Lump Sum Pricing, .... ......... ............. ......... j 1. 3.2 Notice of 17.3 OWNF.,R's.................... 9-4, 9.5. 9.11, 10.2, 11 2, 11.9 ....... ....12.1,13.9,13.13,13.14,17.3 OWNERs liability ......... .......... ..................... ......5-5 OWNER may refuse to m ake payment,,,,,.,,, „.....14.7 Professional Fees and Court Casts Included, .-._.... __ I... ...... . 17.5 request for formal decision on............................9.11 Substitute Items 6.7.12 Time Extension... ........................................... Time requirements .................................. 9.11, 12.1 Unit Price Work.........:.:.................-.......-.:.....11.9-3 Valueof...........................................................1.1, 3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive„,,,,,,, written notice required. . .... ............... 9.11, 11.2, 12.1 Clarifications and Interpretations.,,,,,,,,,,, 3.6.3, 9,41. 9.11 Clean Site ...6,17 Codes of -Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times.,., ............ 11 ........ _2-3 Communications-- general..............................................0.2, 6.9.2, 8.1 Hazard Communication Programs .....................fj.22 Completion - Final Application for Payment„........................14,12 Final Inspection_., ... _ ,. I—— ' 14,11 Final Payment and Acceptance ................14.13-4.14 Partial Utilizatioq„ ............... ......,, ......,,,,,14.10 Substantial Completion ......................1.38. 14.8-14.9 Waiver of Claims............................„-,,,,,,,,,,,,,14,15 Computation of Times.. 17.2.1-17,12 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules................................2.9 preconst ructiotr....................................... ........... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR............................................2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work ..................................... 6.29, 10A Contract Documents - Amending..........................................................3,5 Bonds..............._.......................,,,................. 5.1 EJCDC GE, NL-RAL COMYTIONS 1910-5 (1990 EDITION) wt CITY OF FORT COLLIM MODMCATIONS (REV 9r99) SECTION 00020 INVITATION TO BID Date: August 7, 2015 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on September 4, 2015, for the McClelland Drive Right Turn Lane; BID NO. 8157. 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 Bid 8157. The Work shall consist of the construction of a right turn lane (and associated work) near the intersection of McClelland Drive and Drake Road. The work includes all materials required to complete the work, including all labor, equipment, and traffic control. Federal requirements and Davis -Bacon wages apply. This is a Federally funded project and the UDBE goal is 5%. If apparent low bidder does not meet the project UDBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Engineering Department by 4PM on the next business day after bid opening. The City of Fort Collins requires vendors to complete and submit certifications for Buy America and Lobbying and Form 606: Anti -Collusion Affidavit, Form 1413: Bidders List, and Form 1414: Anticipated DBE Participation Plan with their bid. Failure to submit any of these forms will result in the bidder being considered non -responsive. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on August 17, 2015, in Conference Room 1A at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Any other questions must be submitted in writing via email to Brad Buckman (bbuckman(aD_fcgov.com), with a copy to Elliot Dale (edale(C_Dfcgov.com) , no later than 3:00 PM our clock on August 28th, 2015. 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. Cash Allowances,__.,,,_„ - ....... ------ .... 11-9 Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times.....................I.....,..-... 12 Changes in the Work................................. 104-10.5 check and verify .................................................2.5 Clarifications and Interpretations ......................... 31, 3,6, 9-4, 9.11 definition of - ................................................. A, 10 ENGINEER as initial interpreter of,,,,,,,,,,;,,,,,,, 9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 general3 Insurance ... .. ... ......... ....... .............. 5.3 Intent ..... ....... _ ... ......................... 3.1-3.4 minor variations in the Work............................1.3.6 OWNER's responsibility to furnish data.._.__.._.-- 8.3 OWNER's responsibility to make prompt payment,,_......... ........ __8.3,14.4,1413 precedence ............... .................... ........ 3-1,3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies ....... ........................... 33 Related Work ................... ....... _ .................. ... 7.2 Reporting and Resolving Discrepancieq ........ �2.5, 3.3 Reuseof ............ ...... ............33 Supplementing ...... ............ .3.6 Termination of ENGINEER'S Unit Price Work ................................................11.9 variations, .........................................3.6, 6.23, 6.27 Visits to Site, ENGINFER!s .......... ......... ...... _ 9.2 Contract Price — adjustment of ............. ... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of .. ... .... ........... ) I Decision on Disputes ........................................9.11 definition of ..................................................... 1,11 Contract 'Times -- adjustment of ..........................3.5. 4.1, 9.4, 10.3. 12 Change of.. ... . .......................................... 12.1-12.4 Commencement definition of.....................................................1.12 CONTRACTOR — Acceptance of Insurance.................I...........5.14 Communications ................................... ... �5.2, 6.9.2 Continue Work ................. ......... _ .......... j6.29, 10.4 coordination and scheduling ....... . ........ ....... _fi,9.2 definition of .....................................................1.13 * ............. ** .... I ........................ 1.13 Limited Reliance on Technical Data Authorized..._......._.. _.....................4.2.2 May Stop Work or Term irate ...... ..................... J,5.5 Provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7-2,13.2 Safety and Protection ...................4.3.1.2, 6.16, 6,18, ........... *** ..... * * ................. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ........................................ 15.15 Stop Work requirements, ........................ 4.5.2 CONTRACTOR'r Article or Paragraph Number CompensatioR ...... ........... __ .... ...... 11.1-11,2 Continuing Obligation ........................ ... _ ....... 14.15 Defective Work....... ... __ ... .......... J.6, 13.10-13.14 Duty to correct defective Work ............... ....... j3.11 Duly to Report -- Changes in the Work caused by Emergency, ...................... _ ................. 6.23 Defects in Work of Others ............................. . 7.3 Differing conditions..._.............................. 4.2.3 Discrepancy in Documents, ....... 2.5, 3.3.2 6.14.2 Underground Facilities not indicated ........... 4.3.2 Emergencies.....................................................0.23 Equipment and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee --Cost Plus ___1 1-4-5,6, 11.5.1, 11.6 General Warranty and Guarantee ................ 6.30 Hazard Communication Programs * .....................0.22 Indemnification ........................ jO. 1Z 6,16, 6.31-6.33 Inspection of the Work ...... ........................ 7.3,13.4 Labor, Materials and Equipment .............. _.J.3-6.5 Laws; and Regulations, Compliance by,.,,,. 6 14. I Liability Insurance ...... ..... ........ ........................ 5.4 Notice of Intent to Appeal .......................... 9. 10, 10A obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for by ................. 6_ 12 Performance and Other Bonds. ......... ............ 5,1 Permits, obtained and paid for by .......................6.13 Progress Schedule ...........................2.6, 2.8. 2.9, 6.6. .... I ... I ............ ........ _fi.29, 10.4. 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9-11 Responsibilities -- Changes in the Work., .... ........ I ........... ....... 10J Concerning Subcontractors, Suppliers and Others....._..... .................... _ .... 6.8-6.11 Continuing the Work ......... _ ............ .. fi.29, 10A CONTRACTOR's exTense ...........................6.7.1 CONTRACTOR!s General Warranty and Guarantee 6-30 CONTRACTOR s review prior to Shop Drawing or Sample submittal ................. 0.25 Coordination of Work ........ ........ _ 6.9.2 Emergencies ............................................... 6.23 ENGINEERS evaluation, Substitutes or "Or -Equal" Items_.....__... -- ----------- k.7.3 For Acts and Omissions of Others 9.13 for deductible amounts, insurance ........... ...... 5.9 general........................................6, 7.'_1 7.3. 89 Hazardous Communication Programs ........... 6.22 Indemnification 6,31-6.33 Vii EJCW GLNIMAL CONDITIONS 1910 -8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICA71ONS (RFV 9199) Labor, Materials and Equipment.,_ --- --- _.,6-3-6.5 Laws and Regulations .................... .............6.14 Liability Insurance .... ....................... _,-......... 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties ...................... .....6.12 Permits.......................................................0.13 Progress Schedule.........................................6.6 Record Documents......................................6.19 related Work performed prior to ENGINEERS approval of required submittals ....... . .................... . ....... . ........ 6.28 safe structural loading ................... ............ ..6.IS Safety and Protection ....................6.20, 7.2, 13.2 Safety Representative ..................... ...-------.6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples,,,,,,,, , ... ¢.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures...................................0.25 Substitute Construction Methods and procedures. .. . . . .. I .................... 6-7.2 Substitutes and "Or -Equal" Items................0.7.1 Superintendence ..................... , .....................6.2 Supervision...................................................0.1 Survival of Obligations................................6.34 Taxes......................................................... 6.15 Tests and Inspections ....... ........................... 13.5 ToReport ..................................................... 2.5 Use of Premises, ,,,6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.......................................6.25 Right to adjustment for changes in the Work.....10.2 Tight to claim .... ......... , 7.1, 9.4, 9.5, 9.11, 10.2,11.2, ........ ,,,11.9,12.1,13.9,14.8,15.1.15.5,17.3 Safety and Protection .............. _ 6.20-6.22, 7.2, 13.2 Safety Representative ........... _.......................... 6.21 Shop Drawings and Samples Submittals.,,,,6.24-6.28 Special Consultants ................................... .....11.4.4 Substitute Construction Methods and Procedures 6 7 Substitutes and "Or -Equal" Items, Expense ......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Other4,_,,,,,,,,6.5-6.11 Supervision and Superintendence.,,,,,,, 6.1, 6.2, 6.21 Taxes, Payment by... .......................... ..............6.15 Use ofPremises.._......---.......................-6.16-6.18 Warranties and guarantees, ......................... 0.5,6.30 Warranty ofTitic.............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate, ....... 15.5 Reports of DitTering Subsurface and Physical Conditions ........................4 2.3 Substantial Completion,----., ................ viii . 14.8 CONTRACTORS --other------------------- _--- .....? Contractual Liability Insurance ... . .. ..... .... _. _ _. 5.4.10 Contractual Time Limits.., ..... - ....... ................. 122 Article or Paragraph Number Coordination— CONIRACTORs responsibility ......................... .9.2 Copies of Documents .............. ......... .............. 2.2 Correction Period ....... ........................................... J3.12 Correction. Removal or Acceptance of Defective Work- in general, .................................. 10.4.1. 13.10-13.14 Acceptance ofUereclive Work ...... ...................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work ........ ,.__.13.14 OWNER May Stop Work.................................13.10 Cast -- of Tests and Inspections.._.......,.... .......... .:.........13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................J 1.4.5.9 Cash Discounts..............................................11.4.2 CONI'RACTOR's Fee 11.6 Employee Expenses.... ......... 11.4.5.1 Exclusions to l 1.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment._,__,,,..,,, ................. _._,11.4.2 Minor expenses., J 1.4.5.8 Payroll costs on changes.,,.. ...................... __ 11.4.1 performed by Subcontractors, .........................11.4.3 Records11.7 Rentals of construction equipment and machinery,_„_...._,. „..,11.4.5.3 Royalty payments, permits and license fees11.4.5.5 Site office and temporary facilities,,,,,,,,,,,,,,,,) 1_4.5.2 Special Consultants, CONTRACT OR's...... ..... ) L4.4 Supplemental .. _....................................... _....J 1.4.5 'faxes related to the Work ............................. 1,1.4.5,4 Tests and Inspection.........................................13.4 Trade Discounts ............................................ 11.4,2 Utilities, fuel and sanitary facilities,,,,,,,,,,,,,, J 1.4.5.7 Work after regular hours ................................. I IAA Covering Work ........................ ..........J3.6-13.7 Cumulative Remedies„..„ ............._.................17.4-17.5 Cutting, fitting and patching,_ ...... ..1.. 7.2 Data, to be furnished by OWNER..............................8.3 Day —definition of ................................................ J 7.2.2 Decisions on Disputes, ......... ...................... _9.11, 9.12 defectivv--definition of...........................................1.14 defective Work -- Acceptance of. ................. _...,10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CI TY OF FORT COLUNS MODIFICATIONS (REV 9i97) Correction or Removal of ....................10.4.1, 13.11 Correction Period_ .................... .......... ......... J112 in general ...... ................................ _13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................9.2 OWNER May Stop Work.................................13,10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work -............. .....................-....13.8 Definitions ...................... 1 Delays......................................4.1, 6.29, 123-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance. .......... ............... :7.7 Determinations for Unit Prices,,,,,,,,,,,,,,,,,,.., 9.10 Differing Subsurface or Physical Cc�aditions Notice of __.........._---- -- -•. .....................4.2-3 F,NGlh,'FER's Review... ................................... 4,2.4 Possible Contract Documents Change-,,,.... , „ 4.2.5 Possible Price and Times Adjustments.,,,,,,._... 4.2,6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14,2 Dispute Resolution -- Agreement ................................................16.1-16.6 Arbitration........................,.,,,,,,,,,,,,,,,,,,,,,,16.1-16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement .......... ............... .1,6.1-16.6 Disputes, Decisions by ENGINEER .................. 9,11-9.12 Docum ents-- Copiesof.... ---... .......................................... Record 6.19 Reuse of................................,,.......................... 3,7 Drawings --definition of..........................................1.15 Easements .......................................... ................... 4.1 Effective date of Agreement -- definition qf-.......... ,„ 1,16 Emergencies..._...................................................... 0.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, 9.11-9.12 definition of ....................................................... 1-17 . Limitations on authorityand responsibilities,,.., 9,13 Replacement of ...... ...................... ................ ..... 8 2 Resident Project Representative,,,,,,,,,,,,,,,„-,,. ....9.3 ENGINEER's Consultant -- definition of.................,1.18 ENGINEERS— authority and responsibility, limitations or).....,,, 9.13 Authorized Variations in the Work .................. _ 93 Change Orders, responsibility for ....... 9.7. 10, 11, 12 Clarifications and Interpretations .... ,.„.......3.63, 9.4 Decisions on Disputes,,,,,,,,,, 9.11-9.12 defective Work. notice of Evaluation of Substitute Items6.7.3 Liability...................................................4.32, 9.12 Notice Work is Acceptable,. ............................. 14.13 Observations...........................................6.30.2, 9.2 OWNER"s Representative., ... .... _ . " , _ . .... __9.1 Payments to the CONTRACTOR, Responsibility for...................................9.9, 14 Recommendation of Payment ..................:.14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on............._9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ........... ................4.2.4 Shop Drawings and Samples, review responsibility,. .... _........... ......-............. .¢,26 Status During Ccnstruction-- authorized variations in the Wort .................9.5 Clarifications and Interpretations ................. 9.4 Decisions on Disputes ......................... ......................... Determinations on Unit Price,... .... ..9.10 ENGINEER as Initial Interpreter--._---- 9.11-9.12 ENGINEER's Responsibilities................9.1-9.12 Limitations on FNGINEER's Authority and Responsibilities ............. .............. ...9-13 OWNER's Representative ................... _........9.1 Project Representative ................ ....... .......... ..93 Rejecting Defective Work .............................. 9.6 Shop Drawings, Change Orders and Payments ...... ............... ............... 9.7-9.9 Visits to Site, _ ... . .................. .. . ............ _ 9.2 Unit Price determinations.................................9.10 Visits to Sita....... ................... .......... 9.2 Written consent required ............................ 7.2, 9.1 Equipment, Labor, Materials and ................... .... ¢.3-6.5 Equipment rental, Cast of the Work ........ „-,,, ..... 1.4.5.3 Equivalent Materials and Equipment ....................... 6.7 error or omissions, .... .... _'_ ................. ,,.,6.33 Evidence of Financial Arrangements, ...................... 0.11 Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's--Costs Plus ..........................11.6 Field Order -- definition of ..... ................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment...............................14.12 Final Inspection..................................................14.11 Final Payment — and Acceptance,,,,,,,,,,,,,,,,,,,,,,,,,_„...14,13-14,14 Prior to, for cash allovances.............................11.8 General Provisions_ ,,,,,,,,,,,,,,,,.......,,,- ............ 17.3-17.4 General Requirements— definition of......................................................1.20 principal references tp..............2.6, 6.4. 6.6-6.7. 6,24 Giving Notice ...... ................. ......._...... - _ --- -... ..... 17.1 Guarantee of Work —by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Programs .......................... 6.22 I Iazardous Waste— of.....................................................1.21 general............................................................. 4.5 OWNFR's responsibility for..............................8.10 ix L'JCDC. GLNI;RAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Indemnification..,________________________ 12, 6.16, 6_31-633 Initially Acceptable Schedules ..... ......... _ ----------- 19 inspection-- Certificatesof................... ...... ... 9A3.4, 115, 1412 Final. .............. ............ .............. 14.11 Article or Paragraph Number Special, required by ENGINEER ....... ................. 9.6 Tests and Approval ............................. $3, 13.3-13.4 Insurance - Acceptance of, by OWNER ..............................5.14 Additional, required by changes in the Work..., ............................ 11.4.5.9 Before starting the Work„ .......... ........................ 2.7 Bonds and --in general, ................ ............ ............. 5 C an ce I I ation Provisions . , ..................... _'.. _.5, 8 C cr ti ficates of , � � , .... ....... ?.7, 5, 5.3, 5.4,11, 5.4.13, ........................5.6.5, 5.8. 5.14, 9,13A, 14.12 completed operations,,,,,,,,,,,,, 15 4.13 CONTRACTOR's Liability ............................... SA CONTRACTOR's objection to coverage ......... ... 5.14 Contractual Liability__ . ......... 10 deductible amounts, CONTRACTOR's responsibility ........ ....................................... 5.9 Final Application for PRyment, .........................14J2 Licensed Insurers 5.3 Notice requirements, material changes ... 5.8, 10.5 Option to Replace....---_.........................15.14 other special insurances ....................................5.10 OWNER as fiduciary for insureds .............. 5.12-5. 13 OWNER's Liability..__ ..................._. ....... ....... 5.5 OWNEKs Responsibility .....................................8.5 Partial Utilization, Property Insurance,,,,,,,,,,,,,,, 5.15 Property. . _ . ....... .......................... ........5.6-5.10 Receipt and Application of Insurance Proceeds.... .......................................... 5A2-5.13 Special Insurance .... ............... ....... � ....... 5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents ....... ................. ___3.1-3.4 Interpretations and Clarification.s ...................... 3.63' 9A Investigations of physical conditions .............. I .......... 4.2 Labor, Materials and Equipment .................... lands -- and Easements...................................................8.4 .Availability of .............................................4.1, 8.4 Reports and Tests ...............................................8A Laws and Regulations --Laws or Regulations -- Bonds... ................. _ ....................... 1-5.2 Changes in the Work � ........... ....... ........ 10.4 Contract Documents 5.] CONTRACTOR's Responsibilities.....................6.14 Correction Period, defiective Work ....................33.12 Cost of the Work, taxes ...............................11.4.5.4 definition of,,.,, .......... _ ................. .................. ),22 gcneral6. 14 Indemnification ........................... Insurance.......................... ................. ...... 5.3 Precedericc... ...... 3.13 Reference to _.3,1 Safety and Protection................................6.20, 112 Subcontractors, Suppliers and Others,;,,,,,,,, 68-6-11 Article or Paragraph Number Tests and Inspections . - 1. I ... ... I.... - . ....... 13.5 Use of Premises ................................................. 6.16 Visits to Site_.....................................................9.2 Liability Insurance— CONTRACTOR's ............................................... 5.4 OWNER's .' ................................ .......... ......... 5.5 .. Licensed Sureties and Insurers,,,,,,,,,,,,,„-,......,,,,,..... 53 Liens— Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Title. _, _.... _ „_- ------ 14.3 Final Application for Paym en! .......................... 14,12 definition of � .... .......... .......... ......................... 1.23 Waiver of Claims _14.15 Limitations on ENGINEER's authority and responsibilities ................ ....................... _.. -,P, 13 Limited Reliance by CONTRACTOR Authorized ....................................................... 4.2,2 Maintenance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence_ .............. ....... ...... ......... ... 3.3.3.1 Reference to in Contract Documents ..................3Jl Materials and equipment -- furnished by CONTRACTOR..............................6.3 not incorporated in Work,, .. _ _ . ...... __ .............. 14.2 Materials or equipment --equivalent ........................ _03 Mediation (Optional),., ............................................ 163 Milestones --definition of ........................................1.24 Miscellaneous -- Computation of Tim cs, . .......... ....... _1 7.2 Cumulative Remedies ........................................17.4 Giving Notice .... ....... ......... ............. _17.1 Notice of Claim . .......... ... . ... ......... .. ............. 17-3 Professional Fees and Court Costs Included,,,,,,,_ 17.5 Multi -prime contracts ..................................................7 Not Shown or Indicated Notice of -- Acceptability of Project .............. ................ 14.13 Award, definition of.........................................1.25 Claim............. .............................................. 1.7.3 Defects.13.1 Differing Subsurface orPhysical Condition$__A,23 Giving...................................................... _.J.7.1 Tests and Inspections..................................I.....13.3 Variation, Shop Drawing and Sample .............. _.0.27 Notice to Proceed -- definition of ..................................................... 1.26 givingof ........ ...... ___ ........ _ ... ............ EJCX GENERAL COMMONS 1910-8 (1990 EDMON) w/ CITY OF FORT COLLINS MOMFICATIONS (RFV 9199) Notification to Surety ........................... ...10.5 Observations, by ENGINEER ..... :..................... .6,30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR; .............. 0.9, 9.13 Open Peril policy form, Insurance, ......................... 5.6.2 Optionto Replace....................................................5.14 Article or Paragraph Number "Or Equal" items......................................................63 Other work 7 Overtime Work --prohibition of, ...... ......................... . 6.3 OWNER -- Acceptance of defective Work...........................1,3.13 appoint an ENGINEER......................................8.2 as fiduciary ............ ............................... ..,,5.12-5.13 Availability of Lands, responsibility .................. _ 4.1 definition of ........................... ......1..............1.27 data,furnish .... .._........ .......... ..............,........-..8.3 May Correct Defective Work ........................... 13.14 May refuse to make payment „„•, ,,,,,,,,,,,••••,1A.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate....................._......8.8, 13.10, 15.1-15A Payment, make prompt.....................8.3, 14.4, 14.13 performana of other work .................................. 7-1 permits and licenses, requirements,,,,,,,,,,,,,,,,,,, 6.13 purchased insurance requirements ...............5.6-5.10 O'WNER's-- Acceptance of the Work .......... ..._....... ....... 0.30.2.5 Change Orders, obligation to executg......... .8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work._. .... ................. 7.4 Disputes, request for decision ... ............ I .... I ....... .1 I Inspections. tests and approvals,, ................ ?. 7, 13.4 Liability Insurance,.. ... _................. ............ 5.5 Notice of Defects..............................................a3.1 Representative --During Construction, E'NGINEFR's Status, ................. ...............9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or RadicKictive Material................8,10 Change Orders..............................................8.6 Changes in the Wok...................................10.1 communications............................................8.1 CONTRACTOR's responsibilities .................. S.9 evidence of financial arrangements ............... 8" l inspections, tests and approval*..• ............. 83 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by.............................-.........8.3 replacement of ENGINEER ..........................8 2 reports and tests ................................ .......... ..8-A stop or suspend Work ........ I ......... 8.8, 1110, 15.1 terminate CONTRACTOR's services., ..... ............................ 8.S, 15.2 separate representative at sit.............................. 9.3 testing, independent ...... _..------------------ .............13.4 use or occupancy of the Work......... ............... 5.15.6.30.2.4. 14.10 written consent or approval required, 6.3. 11.4 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF PORT COLLINS MODMCATIONS (REV 9199) Article or Paragraph Number written notice required,,.... .................. 7.1, 9.4, 9.11, .....................11.2, t 1.9, 14.7, 15.4 PCBs -- definition of,,,,,,,,,,;,;, ,,,,,,,,,,,,, 1-29 general..............................................................4.5 OWNER's responsibility for . ........... ... ...... ......... $.10 Partial Utilization — definition of,.... ... .............. ....... I.- ......... .... —1.28 general 6.30.2.4, 14,10 Property Insurance,,,,,,,,,,,,,,, ,- Patent Fees and Royalties ....................................... 6.12 Payment Bonds ................. .............................. .... 5.1-5,2 Payments, Recommendation of ............. .14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments .....................14.2 CONTRACTOR's Warranty of Title --------- --------- 14.3 Final application for Payment ........................)4.12 Final Inspection ....... ................................. ......14,11 Final Payment and Acceptance ........ ........ 14.13-14.14 general....................................................... 8.3, 14 Partial Utilization.._.............:..........................14,10 Retai n a ge..........................................................14.2 Review of Applications for Progress Payments .... ......................... ..14.4-14.7 prompt payment.,.. ........................... ....... - 8.3 Schedule of Values ........................................... 14.1 Substantial Completion-----------------------------14.8-14.9 Waiver of Claims14,15 when payments due .....................„.......... 14.4, 14.13 withholding payment.....—.................................14.7 Performance Bonds ........................ .............. 5.1-5.2 Permits......................................................b.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 Olh7NER's responsibility for ........... ..................8.10 Physical Conditions -- Drawings of, in or relating to ......................... ENGINF.ER's review.........................................4.2.4 existing structures. ..... __ ........ .................. general4.2.1.2....................................................... Notice of Differing Subsurface or.......................4.2.3 Passible Contract Documents Change................4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and..................................................4.2 Subsurface Conditions................_...___„_..-___,4.2.1'1 Technical Data, Limited Reliance by CONTRACTOR Authorized... .................... 4.12 Underground Facilities— general., . ........ ........... ........................ ......4-3 Not Shown or Indicaed.............................4.3.2 Protection of,_ ...................................... 4.3,6.20 Article or Paragraph Number Shown or Indicated4.3.1 Technical Data........ ................................ 4.2.2 Preconstruction Conference.......................................2.8 Prelim inary Matters,. ..... __ ...._............................,......2 Preliminary Schedules..............................................2.6 Premises, Use of .....................:....................... 6.16-6.18 Price, Change of Contract, ...... ........ ............... I I Price, Contract --definition of .................................. 1.11 Progress Payment. Applicationsfoq ..........................14.2 Progress Payment--rctainage...... ._.„_ ... 14.2 Progress schedule, CONTRACTOR's.............16, 2.8, 2.9, .......... I ....... I .............. 6.6, 6.29, 10.4. 15.2.1 Project --definition of, ...............1.31 Project Representative— ENGINEER's Status During Construction ......... _.,9.3 Project Representative, Resident -definition o1"_-_,-,_1.33 prompt payment by OWNER.....................................8.3 Property Insurance -- Additional ._...................................................... 5.7 genera15.6-5.10 Partial Utilization................................5,15, 14,10,2 receipt and application of proceeds.-_ ......... 5.12-5.13 Protection, Safety and ... ................. ..........G.20-6.21, 13.2 punch list ..... 14.11 Radioactive Material— defintionof,,,,,,,,,,,,,,,,,,,,,,,,,,,,„»., .................. 1.32 . genera14.5 OWNER's responsibility fot:................. ............ $.10 Recommendation of Payxnent.................14.4, 14.5, 14.13 Record Documents.. ..... ... .............................6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ...................................................... 4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and (or)., ............................... 6.14 RejeetingDefective Work ..................... ........... .---- 9.6 Related Work -- at Site ...... .................................................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative.... .................................. 17.4. 17.5 Removal or Correction ofDefecthy Work 13,11 rental agreements. OWNER approval required, .... 11.4.5.3 replacement of ENGINEER, by OWNER ....... ........ ...... .'2 Reporting and Resolving Discrepancies.............................„..2.5, 3.3.2, 6.14.2 Reports -- and Drawings, ....... ------- ..4.2.1 and Tests, 01AfNbitsresponsibility .....................9.4 Resident and Project Representative— definition of .................... ....... .................. .......1.33 provision for............................................................ 9.3 xii EJCDC GENERAL. CW"TIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COL NS MOD1FIt:AT1OM (REV 91K) Article or Paragraph Number Resident Superintendent, CONTRACTOR'S,,,,,,,,,,,,,,, 6.2 Responsibilities— CONTRACTOR's-in general..................................6 ENGiNEER's-in general.......................................9 Limitations on.............................................9.13 OWNER's-in general ................. _... ....................... 8 Retainage........................ ....................................1.4.2 Reuse of Documents ...... ........ ............ .. ..................... .7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................0.25 Review of Applications for Progress Payments., ....... .......... . ............ 14.4-14.7 Right to an adjustment...........................................10.2 Rights of Way.. -- . _...... .... ..................... ......... .4.1 Royalties, Patent Fees and......................................0.12 Safe Structural Loading.........................................6.19 Safety -- and Protection................................4.3.2, 6.16, 6.18, ........................ ........ 6.20-6.21, 7 2. 13-2 general..................................................... 6.20-6.23 Representative, CONTRACTOR's.......................¢.21 Samples— definition of,,......,.............................................1.34 general ....................................... 6.24-6.28 Review by CONTRACTOR................................6?5 Review by ENGINEER..............................6.26, 6.27 related Work ....................................... .............. 6-28 submittal of_........._.......................................0.24.2 submittal procedures.........................................6.25 Schedule of progress.........................._'2.6, 2.8-2.9, 6.6, .................................. ..6.29, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................?,.6, 2.8-2.9, 6.24-6.28 Schedule of Values.. ..................... 2.8-2.9, 14.1 Schedules -- Adherence to..............................,...................15.2.1 Adjusting.................................................. 0.6 Change of Cantract Tim q.................................10.4 Initially Acceptable ...................................... 2.8.2.9 Prcliminary..................................................I.....2.6 Scope of Changes.......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ ....................... Change Orders & Applications for Payments, and-....... ...... - ...... ___ ...... 9.7-9.9 definition of .................................... ,,.......... ......1.35 6NGINFER's approval of .............. ............. __.3.6.2 ENGINEER's responsibility for review.....................................93, 6.24-6,28 related Work.....................................................6.28 review procedures .............................. 2.8, 6,24-6.28 Article or Paragraph Number submittal required ........ .--- _...............................6.24.1 Submittal Procedures...., . .................... _ ............. 6.25 use to approve substitutions..............................6.73 Shown or Indicated...............................................43.1 Site Access......................................................7.2, 13.2 Site Cleanliness..................................................... 6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 132 byothers.........................................................13.2 "special causes of loss" policy form, insurance.........,_............................................. �.6.2 definition of...................................................1.36 Specifications— deiination of...................................__._............1,36 of Technical Societies, reference to----_, ............ 3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, I3eforq..............................2.5-2.8 Starting the Work ............................................. ......2.4 Stop or Suspend Work -- by CONTRACTOR...... .......... ............ ............. 15.5 by OWNER ........ ........ ............. ........8-S, 13.10, 15.1 Storage of materials and equipment... ............... . _ 4. 1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor -- Concerning ................. .............................. 6.8-6.11 definition of ..................................................... J-37 delays.............. ................... ..................... ......12.3 waiver of rights................................................6.11 Subcontractors --in general,, ............................... 6.8-6.11 Subcontracts —required provisions,,,.,.., 5.11. 6.11, 11A.3 Subm ittals— Applications for Payment,,.,.. I ..................... _,,,14.2 Maintenance and Operation Manuals.,..,,.14.12 Procedures.......................................................6. 25 Progress Schedules......................................2. 6, 2.9 Samples .................................................6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................16, 2.8-2.9 Shop Drawings........... ............................. 6.24-6.28 Substantial Completion -- certification or...... ... _ .................. 0.30.2.3. 14.8-14.9 definition of.....................................................J.38 Substitute Construction Methods or Procedures ........ 6.72 Substitutes and "Or Equal" Item s..., _ ... ....... . .. ...._-,....6.7 CONTRACTOR's Expensq......._ ...................0.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or -Equal ............................... . .................... Substitute Construction Methods aiii EICDC. GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number orProcedures.............................................6.7.2 Substitute Items ..... ... ................. . ...............7.1.2 6 Subsurface and Physical Conditions-- Drawings oll in or relatug to .......................4.2.1.2 ENGINEER's Review_ . .... ............................. 4.2.4 general.................................... ................. .4 2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions.......................................4.2.L2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments_ ........ .... A.16 Reports and Drawings _ ................... _ _---,-,..... 4,2.1 Subsurface and ................................................... 4,2 Subsurface Conditions at the Site A.2.1.1 Technical Data.................................................4 2.2 Supervision— CONTRACTORs responsibility ...........................6.1 Q'WNER shall not supervise................................8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2. 9,13.2 Superintendence................................................... .. 6-2 Superintendent, CONTRACTOR's resident,., ...... Supplemental costs,,,,,,,,,,,,,,,,,,,,,,,,,,,I....... .,......... 11.4.5 Supplementary Conditions -- definition of.. ............................... ............. ... )39 principal references t(? ................. ),10, 1.18, 2.2, 2.7, .......................4.2, 43, 5.1, 5.3, 5.4, 5.6-5.9, ,.-,.-_,... ,,,,,5.11, 6.8, 6.13, 7.4, 8.11, 93, 9.10 Supplementing Contract Documents ........................3.6 Supplier -- definition of........................................._-......,....1.40 principal references to,,,,,,,,,„3.7, 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14.12 Waiver of Rights_ ............... ...... ...................... 0.11 Surety -- consent to final payment, ............ ..........J4.12, 14.14 ENGINEER has no duty tq................................ 9.13 Notification of... ......... ............ „_..,10.1, 10.5. 15.2 qualification of..... ...... ....... _,_ .......... 5.1-53 Survival ofObligations, ........... ...............................6.34 Suspend Work, OWNER May .... ................... 13.10, 15.1 Suspension of Work and Termination- .......................15 CONTRACTOR May Stop Work or Term inate............ .............. :........ ........... .. I5,5 OWNER May Suspend Work.............................15.1 OWNER May Terminate ... .............. ___ ..... 15.2-15.4 Taxes --Payment by CONTRACTOR ........................ 6.15 Technical Data -- Limited Reliance by CONTRACTOR...............„4.2.2 Possible Price and Times Adjustments ..............4.2.6 Report- of Differing Subsurface and Physical Conditions..._...........................-_..4.2.3 xiv Temporary construction facilities .............._._..._,_._.4.1 Article or Paragraph Number Termination -- by CONTRACTOR .......... ..................... ............15.5 by OWNER .......................... .............. :8.8, 15.1-15,4 of ENGINEERs employment,.. $.2 Suspension of Work-in general,,,,,,,,,,,,,,,,,,,,,, , 15 Terms and Adjectives..............................................3A Tests and Inspections -- Access to the Work, by others ...........................13.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to ..................... ........ 13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work ...... ..... .... ................ 13,10 OWNER's independent testing ..........................13.4 special, required by ENGINEER„_,,, ............9.6 timely notice required ... ........ .................. I— ...... 13.4 Uncovering the Work, at ENGINEER's request_ --... _...... ....... Times.- Adjusting................................................. ..... 6.6 Change of Contract.............................................12 Computation of .............................................. .17.2 Contract Times --definition o11.12 day....._.................................._.........._.._17.12 Milestones.......... ............................. ___ .......... 12 Requirements— appeals ........ _.................. 9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Times 2.3 Preconstruction Conference .......................... �.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work....., ... .... I. ....... .,............. .... .4 Title, Warranty of....................................................143 Uncovering Work............................................13.9-13.9 Underground Facilities, Physical Conditions — definition of....................................................1.41 Not Shown cr Indicated ................................... 43.2 protection of............................. ___ ...... 4.3, 6.20 Shown or Indicated.. ..... ............. Unit Price Work— claims.........................................................J.1.9.3 definition of........................_......__................1.42 gene r a I I I.9. 14.1. 14,5 Unit Prices— general 11.3.1 Determination for.... ........ ...............9.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners ............................ §.13, 6.20. 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5,15, 6.30.2.4, 14.10 Value of the Work_... ............... ......................... J1.3 Values, Schedule of., .........................._2.6. 2.8-2.9, 14.1 EIMC GENERAL CONDMONS 1910.9 (1990 EDITION) w/ CITY OF FORT COE.I lNS MODtFICATIONS {REV 91") Variations in Work --Minor Authorized.. _......__ ..........................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER.........................I...----... 9.2 Waiver of Claims --on Final payment .....................14.15 Waiver of Rights by insured parties..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 0.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto ....... ....... .................... ... ....... I .............. 1.3.2 byothers............................................................... 7 Changes inthe....................................................14 Continuing the ................................................. 6.29 CONTRACTOR May Stop Wak or Terminate...............................................J5.5 Coordination of -......................................... A Cost of the.................................................11,4-11.5 definition of.......................................,.............1 43 neglected by CONTR4CTt7R............................13.14 otherWork............................................................7 OWNER May Stop Work ............................... ..13,10 OWNER May Suspend Work...................J3.10, 15.1 Related, Work at Site.....................................7.1-7.3 Starting the, ........................... 2.4 Stopping by CONTRACTOR.............................1,5.5 Stopping 1n, OWNER.................................15.1-15.4 Variation and deviation authorized, minoz........... 3,6 Work Change Directive — claims pursuant to ................................. I ........... J0.2 definition of.....................................................1 .44 principal references to, ..................... .5.3. 10.1-10.2 Written Amendment -- definition of__ . ... ..................... _ ............... ... _1.45 principal references to..............1.10, 3.5, 5.10,15.i2, ........................ ¢.6.2, 6.8.2, 6.19, 10.1, 10.4, ........._....I'I.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and lnterpretations...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1, 9.15-9.11, byOWN6R ...:................9.10-9.11, 10A, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MMODIFICATION'S {REV 91991) (This page left blank intentionally) xvi EJCDC OENEI AL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLONS MODIFICATIONS (REV 9199) 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 GENERAL CONDITIONS ARTICLE t DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Adclenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents, 1.2. Agreement —The written contract between OWNER and CONTRACTOR cove -ring the Work to be pcxformcd other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by kNGINN R which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to he performed. l A Bidding Docimients—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Girder —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL. CON0ITION$1910.8 (1990 Ecitioa) w/ CI TY OF FORT COLLINS MODIFICATIONS (REV 42000) saute are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGNEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2 2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph i l 9.1 in the case. of Unit Price Wort:). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINE EWs written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. &fective—An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGNEEWs recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.5 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER anti are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of fire Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.15. ENGhNEER's Consultant —A. person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazarc%ra Waste —The tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42USC Section 6903) as amended from time to time. 1.22 _a, Laws and Regulations; Laww or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22.6. Legal flolickrvs--shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal popery 1.24. Milestone- A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice of Award A written notice by OWNER to the apparent successful bidder stating that upon compliance IV the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1 26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to k NGINFER) fixing the date on which the Contract Tintes will commence to run and on which CONTRACTOR shalt start to perform CONTRACTORS obligations under the Contract Documents, 127, OTPAER.-The public body or authority, corporation, association, firm or persort with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided t 28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCBs —Polychlorinated hiphenyls. 1.30, Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-I3a/ardous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic 'Energy Act of EICDC OENERAL CONDITIONS 1910-8 (1990 Editim) wi CITY OF FORT OOLLIN5 MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Wori*e Hours --Regular working hours are defined as 7:00am to 6:0C„gym unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGDMM, who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Diu ings--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CON -TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36, Spec cations —'those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the W-ork at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEERs definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specked part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by FNGTNFFR's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementaiy Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or arry Suboantracor. 1.41. Unciergrormd Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vauks tanks, tunnels or other such facilities or attachments, and any cncasenrcnts containing such facilities which have been installed underground to famish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Utdt Price Work —Work to be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing documents, all as required by the Contract Documcnts. 1:44. Work Change arective—A written directive to CONTRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 623. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.A5. Britten Am,mlment---A written amendment of the Contract Documents, signed by 0WN`FR and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELMINARY MATTERS Delivery of Bon& 21, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDoeuments: 2.2. OW'NER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction Commencement of Contract Times; Notice to Proceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC OENB AL CONIDITIONS 1910-8 (1990 Ecktion) wt QTY OF FORT COLLINS MODIFICATIONS (REV V2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceedmaybe given at any time within thirty days after the Efffective Date of the Agreement. In y.41-1 ,r .. r,.. . T: of -Rid -opening -or -the thiratieth day-after-the-9t1ective Bate of -the Agreement; whicheverslate is earlier: Starting the Work: 2A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2_5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check: and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNGTNFFR before proceed ng with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or F.NGINFF.R for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2, a prelim inary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.6.2.1. In no case will a schedule be acce ble which allows less than �l calendar days for each review bybya freer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for prowess payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started CONTRACTOR and (W}F.R shall each deliver to the ether OWNER with copies to identified in the Supplementary Conditions ENTCYINEF.R, certificates of insurance (and other evidence of insurance Feasonabl' regki requested by OWNER) which CON-1-1 — -1i� -11---, -1 ere is requued to purchase and maintain in accordance with paragraphs 5.4; 5.6 and 5:7. Preconstrudion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR. ENGINEER. and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initia4v Acceptable Schedules• 2.9, finless otherwise provided in the Contract Dii unients, Applicatioa-for-PaMerA before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. aid D�Ag�(rr�e�a) IZequitent CONTRACTOR shall have an additional test days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to .ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINTEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE latent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by me is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. it is the intent of the Contract Documents to VCDC 004MAL CONDITIONS 1910-& 0990 Editim) car CITY OF FORT COLLI NS MODIFICATIONS (REV 4R000) describe a fitrtctionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be infet-red from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will he turnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3,3. Reference to Standards and Specifications of Technical Societies; Reporting and Resoling Discrepancies- 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time ofopening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except a, may be otherwise specifically stated in the Contract Documents, 3.3.2. 1l� during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amcndment or supplement thereto issued by one of the meth(xts imiirtted in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3-3 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of 0WNK. CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENCTTNEER or any of ENGTINF.ER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9 13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement imliciting otherwise). The use of any such term or adjective shall not be effective to assign to F--NGTNN'EER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents, Amending and Supplementing Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 0CDC OENEM CONDIMONS 1910-8 0990 E(fition) w/ CITY OF FORT COLUNS MODIFICATIONS OREV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minx- variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.62. ENGMER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENG NEZER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGTNEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNTER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LANDS; SUWURNACE AND PHYSICAL CONDITIONS; REFERENCE POINT'S AtiadabiGty of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Ltpon reaso able written -request; v-eY-�zc- shall --ren-ru32 GONgRAGTOR wtth$ co loot state,ttts�nt of record kgal-title ertd legal~cbes�tption-e€-the lands -upon -which--t#w-Wtarlc is--to-be- xsfmnnrol-and OWi*1E12s-intc"rest therein as necessttry fat giving notice of--or-filing-$--mael�rrtie`s ..lien--agaittst- strut-lamis-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents, If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNq,,R's furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1 Subsurface and Physical Conditions: 4.2.1, Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 42.1.1, Subsurface Conditions: Those; reports of e..Vlorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Ph)) ical Con&livns: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents, 4'2.2. Limited Reliance by CONTRACTOR Authorized,• Tedurical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such rcports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR, may not rely, upon or make any claim against OWNER ENGINEER or any of ENGINEI R's Consultants with respect. to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicawd in such drawings, or 4.2.2.3, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Nolice of Differing Subsurface or T'In'sical Conlitiwrs: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2.1 and 4.2.2 is materially inaccurate, or 4.23.2. is of such a nature as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or EJCDCOENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shallicy imme&Lel y after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6?3k notify OWNER and ENGINEER in writing about such condition. C.ONi•RACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINI_'ER's Review: INGINEER will promptly review the pertinent conditions, determine the necessity of OWNERs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Doc:timents Change: If ENGINEER concludes that a change in the Contract Doc:um eras is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and 'Times A4ushnents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of the Work, subject, however, to the following: 4.2.6.1. such condition must meet any me or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4'2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the exislence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such firaal commitment, or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, hN(ilN> FR and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Phvsical Conditions —Underground Facilities: 4.3.1. Shoxn orindcated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1 2. The oast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv)the safety and protection of all such Underground Facilities as provided in paragraph 6 20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shoxn or Inclicatecl: If an Underground Facility is uncovered or revealed at or conliguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph623), identify the owner of such Underground Facility and EJCDC Oh.N'EM CONDITIONS 1910-5 (1990 Edtim) wf CI iY OF FOkT COLUNS MODII'ICATIONS O(EV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent. if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. if ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR (lid not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CON RACTOR may make a claim therefor as provided in Articles l l and 12. However, OWNER, ENGINF,F.R and FNGTNFF.R's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEEWs judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is last or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, flazardaus Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property, exposed thereto in connection with the Work at the site OWNER shall not be responsible fox any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 45�—£�'ITIiA6T9Rshalltivretediately {i}stop$ll as—fvgt iif d 135'—piifatfa,ph &4)' and �tr}net�fy sueh-nfitiee•-in•-�vrtt—1;-1W-1*F-Fsli;-�haN-promptly eomult-with-ENGWEERvwracerning--the necessity for OWNER 4o.-retairra-qualified-expen4a evaluato-such i6an OF GOI�."-1=1i�4C 1'C-?I2•shall-not-t>e fegttired-tc3-rrsunta�Je�r1E zany until after Q�WMR has able 8nv-`EGFj13tE£d-jlerrFl$9..,rei@t8E%-tllCEetE'r HiTCi-deliV�P.fl-tQ that suel3 car itien and an}-afleo ed area is efhas-been Fendered safe for the re-mmptien of Werif, "not agree as to enlidernei:it te ef Work er g ipt ' . F.C31�FpRA(� CAR do not -agr -to resume such -work road'rtren- ef the TT� Uh-Fit ice' i PAnneAtiom xiarana�Tn¢Z tsm'R� eandifien of in sueh affeded area to be deleted ffem the ern. na.sG-r.:7RL-men:,.wit agree as -to entitlement-t&or-the amount ekt mt of en 4. M�t:�g aer paftieii &f4h&-Wa4,4hen either -party- iriay-make aclaim-t#terator as prov�-led-irt portion -of theVefl� perfcmad byC�i4i�IFRs efwn foraesouotherainracaefdencewith Article T 1.5.4. Regulations; --—shall--ind,�rtnify-end-knld hare*Iess--�C-9Is1T�4GT� �tb€ottuactors; �iGl 11 Efz, FGpiERR'a GprMIts -ate -' ©fficei—ciirastors5---em€�1©yrr� ---agents--other csorawltant�s-and-ssiL�arstracttxs-cif•-eaeh--avad-aey-tsf them -€rem-and--tigair>st-e11-�laim�-Bests--lessee--and damagas—aristag—cant--o€-car-fasult�ig—€rom--sash eu�sf,- loss- or->I$mare--is-e#tble-ter bvdily`� jtuy; inslutli--tlte-Floes •taf-•usa••-resulting-therafr<xn;---enc1 fnj n°tl3in6 aesTaP¢:5.4 slwll obligate {1R'I�IER-t<i--isrdemriily-arty--parson-ar-entttwffosn -and own negligence: 4..5s. the ire not intended to II{rzert�:w-Was or revealed at th EJCDC GENERAL COMMONS 1910-5 (1990 Edticn) w! CITY OF FORT COLLINS MODIFICATIONS (kE-V 4n000) ARTICLE:--DOINDS AND INSURANCE Performance, Payment and Other Bonds.• 5.1. CONTRACTOR shall famish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations tinder the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by laws or Regulations or by the Contract Documents. CONTRACTOR shall also fumish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as .Acceptable Sureties on Federal Beards and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Sta(Y, Bureau of Government Financial Operations, U.S. Treasury. Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnisher by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers, Certificates of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additioml requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of viscrance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWlal{d�-shall additional --insured idorA frecl-in-the--Sup ementary 'aft e�hff paragraphs 5.6 and 5.7 hereof CONTRACTOR"s Liability Insurance.• 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or fumish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers" compensation, disability benefits and other similar employee benefit acts-, 5A.2. claims for damages because of bodily injury, occupational slickness or disease. or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5:4:4,-.-claims --for damages --insured- by--customtry se-Jirte-t" indirectly relat^ a t.r t of An G lent f 5.. h Peso _ T Isom 5.4.5, claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 54.9, include as additional insureds (subject to any customary exclusion in respect of professional Liability), OWNM ENGINELR. ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additiorntl insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC CIENERAL CONDITIONS 1910-8 (1990 Edtiaa) w/ C1TY OF FORT CUI.LINS MODIFICATIONS (REV 412000) 5.4.10. include contractual liability insurance covering COIvTRACTOWs indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11, contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whim a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing c&1ecliw Work- in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNT,R and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OW7VER's Liability Insurance.• 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWTM, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5 6:- __--I-Wess otherwise provided~ i 4he .Supplementary Conditions, -GWNER-- hall--purchase--and---maintm of --the -€ill {subject--to--woh deductible- amouras.. as---may---be---priwided--at---tire Supplementary --Conditions or -required--key--Lawn-and ]tegu latiorls)--'lhts-insuratt� sdtttll= 56..4 —welude --- the- -interests —of - f3Wfllslt 00C 4:RACTOP,, Subcentra^ters, , y odIeF PeMOPS Of ev3titian- idantiC�t-in-i#to-SuPplesmerttary-Ccutdiiicxns, each o€ whom istleertxe<lta }t8ve an insurable interest andshafl-be- listed asan-insured or-additiorml risttred, 5 .2,- be written on it Builders-Ris-tall -risie'--or 51 pir"t} lildiv;-false the— loww g--l lrtntttg—a rtended / ��� ) �i 22a \ # 2 } / \ \f��/ƒ) 20 �° � /\ \ / $ \�/ � � /+) f© $f�� �ƒ