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Home My WebLink About113060 MOUNTAIN CONSTRUCTORS INC - CONTRACT - BID - 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTSCity Of F6rt Collinsi �7��Putch'asing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2id Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing CONTRACT DOCUMENTS DRAKE & SHIELDS INTERSECTION IMPROVEMENTS BID NO. 8309 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MAY 20, 2016 - 3:00 P.M. (OUR CLOCK) 6.0 LABORATORY TESTING Laboratory tests conducted on soil samples consisted of swell -compression, grain size distribution (gradation), Atterberg limits (liquid and plastic limits), resistance R-value, natural moisture content, and water-soluble sulfate concentrations. The laboratory tests results are shown on Figures 4 through 6, and are summarized in Table 1. Swell -Compression Tests: A swell -compression test (ASTM D4546) was conducted on a sample of artificial fill to evaluate compressibility or swell characteristics under loading and wetting. The sample was placed in an odometer ring between porous discs and a light surcharge load was applied. After stabilization, the sample was submerged and the percent volume change or swell measured, then loading continued. Volume change was monitored until deformation practically ceased under each load. The swell -compression test results, shown on Figure 4, indicates that the sample of clayey sand tested had low swell potential when subjected to a light surcharge load and wetting, and exhibited low to moderate compressibility under increased loading. Gradation Analyses and Atterberg Limits: These tests were used to classify the soils in accordance with the American Association of State Highway and Transportation Officials (AASHTO) classification system and the Unified Soil Classification System (USCS). These classifications provide qualitative information on the suitability of soils for use in engineering applications. Gradation and Atterberg limits test results are shown on Figure 5. The test results indicate that samples of artificial fill encountered in the upper 5 feet of Boring P-1 were generally granular with medium plasticity and with an AASHTO soil classification of A-6 and a group index of 5. The test results indicate that the on -site soils types consist of clayey sand with poor to moderate pavement support characteristics. Resistance R-value: The R-value is a measurement of the soils ability to transfer traffic loading laterally. The test results shown on Figure 6 for a bulk sample obtained from the upper 5 feet of Boring P- Drake and Shields Intersection Improvements — Fort Collins, Colorado GCOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 5 of 11 Client#: 33585 MOUCONPC ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 06/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 330 CONTACT pat Reece NAME: PHONE 720-622-8246 " 855-668-0069 A/C No Ext : A/C No E-MAIL reece holmesmur h ADDRESS: p p ycom South Greenwood Village, CO 80111 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Charter Oak Fire Insurance Comp 25615 INSURED INSURER B: Travelers Property Casualty Co. 25674 Mountain Constructors, Inc. 622 Main Street PO Box 405 INSURERC: Pinnacol Assurance Company 41190 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 LTR TYPE OF INSURANCE ADDLSUB INSR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR BI/PD Ded:$1,000 X DTC0326DO332161ND 7/01/2016 07/01/2017 EACH OCCURRENCE $1 OOOOOO PREMISESaoccu ence $3000OO X MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1,000,000 L AGGREGATE LIMIT APPLIES PER: POLICY�JECT LOC r,OTHER: GENERAL AGGREGATE $2,000,000PRO- PRODUCTS-COMP/OPAGG $ZOOOOOO r $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS Drive Oth Car DT810326DO33216TIL DTSMCUP326DO33216T 07/01/2016 07/01/2016 07/01/201 COMBINEDINGLELIMIT Ea accidentS $r 1 OOO,OOO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 07/01/2017 EACH OCCURRENCE $8 000 000 AGGREGATE $$ 000 000 DED X RETENTION$$1O 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 3027994 07/01/2016 07/01/201 X PER OTH- LIT IER 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 8309 Drake & Shields Intersection Improvements As required by written contract or written agreement, the Certificate Holder and the State of Colorado are included as Additional Insured under General Liability and Automobile Liability with respect to the above referenced. ULK I If I(:A I L HULULK City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 580 ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE air ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S219020/M218884 ATEC1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8309 Drake & Shields PROJECT OR SPECIFIED PART SHALL INCLUDE: Intersection Improvements Project LOCATION: Fort Collins, Colorado OWNER: Citv of Fort Collins CONTRACTOR: Mountain Constructors Inc. CONTRACT DATE: June 23, 2016 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ENGINEER AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 120 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, 8309 Drake & Shields Intersection Improvements Project. 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 June 23, 2016. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: _, 20 Sincerely, OWNER: Citv 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: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT 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 ATTEST: Secretary day of , 20_. STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. Notary Public My Commission Expires: CONTRACTOR: MOUNTAIN CONSTRUCTORS INC. By: Title: day of , 20_, by SECTION 00660 CONSENT OF SURETY TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER") CONTRACTOR: MOUNTAIN CONSTRUCTORS INC. PROJECT: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT CONTRACT DATE: JUNE 23, 2016 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. No Text SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08/30/13) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-2&708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials�hti ch are purchased, rented, or consumed by the contractor and which do not become apart of the structure; highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only 13III17�21�� 19991�� Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No (Leave blank if fling for the first time) Period ., ,, i;' v r<,., �l 89- Contractor Information Trade name/DBA - — -- - — - Owner, partner or corporate last name First Name Middy a Initial Mailing Address City State Zip E-Mail Address FEIN Bid amount for your contract Fax number 7Business Phone number Colorado withholding tax account number Exemption Information Copies of contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's number 98 Address of exempt organization City State Zip i Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date (MM.? orr-; fi Estimated completion date (MMIDD/Y'r)Q I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer --:Title of coryorate officer I Date (MvvoD, rr) p (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. 1, indicate an R-value of 18. The test results indicate that the clayey sand (artificial fill) sample tested has low to moderate strength for pavement support. Water -Soluble Sulfates: The water-soluble sulfate test is a measurement of the potential degree of sulfate attack on concrete exposed to the onsite soils. The severity of potential exposure is based on a range of Class 0 (negligible) to Class 3 (severe) as presented in Table 601-2 of Section 601.04 Sulfate Resistance of the 2011 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction (CDOT Standard Specifications). Water-soluble sulfates tests were performed on a sample of clayey sand (artificial fill) obtained from Boring P-1. As shown on Table 1, the concentration of water-soluble sulfates measured in the sample tested was 0.02%. The test results indicate that a Class 0 level of severity of sulfate exposure is applicable for concrete exposed to the onsite soils. Fill imported to the site should have water-soluble sulfate concentrations that meet Class 0 sulfate requirements. 7.0 SITE GRADING The soils encountered generally consist of sandy lean clay and clayey sand. Bedrock was not encountered at the depths explored. Excavation of the onsite soils should be possible with conventional heavy duty excavating equipment. The re -use of onsite materials will be a function of where the material is taken from and what the intended use is. Existing vegetation, debris and deleterious materials should be stripped and removed from all proposed pavement and fill areas. Exposed surfaces should be free of mounds and depressions which could prevent uniform compaction. Fill should be placed and compacted according to CDOT Standard Specifications. Flatwork areas should be stripped of existing vegetation and topsoil, uniformly scarified to a depth of 8 inches, moisture conditioned and compacted in accordance with the CDOT Standard Specifications. Prepared subgrade areas should be proof rolled per standard CDOT Standard Specifications prior to paving. Areas that deform, rut, or pump excessively should be excavated and replaced with properly placed and compacted non -expansive, granular material, (greater than 50% retained on the No. 200 sieve and with a plasticity index less than 8 and a liquid limit less than 15). Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 6 of 11 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE 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 Comm ittee, 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 deleW. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS..................................................... l 1.1 Addenda...............................,.............1 1.2 Agreement..........................................1 1.3 Application for Payment.......................1 L4 Asbestos...__.....................................J L5Bid ............................................... ..# 1.6 Bidding Documents_...........................A L7 Bidding Requirements ..........................1 1.8 Bonds.................................................1 1.9 Change Order......................................1 1.10 Contract Documents., ..............._..........I 1.11 Contract Price .......................... ........... 1 1.12 Contract Times,...................................1 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 1.15 Drawings. . ......... .... __ ....................... J 1.16 Effective Date of the Agreement ... ,......1 1.17 ENGINEER........................................1 1.18 ENGINEER's Consultant„.................„_1 1.19 Field Order ......................................... 1 1.20 General Requirements .........................2 1.21 Hazardous Waste.. __ _ _. . ....... _ ....... 2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 1.22.b Legal Holidays ..................................... 123 Liens.................................................2 1.24 Milestone............................................2 1.25 Notice of Award ............................. 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 ............................. ...2 136 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion,,,,,,,,,,,,,,, ,2 1.39 Supplementary Conditions, ... ............... 2 1.40 Supplier .............................................. 1.41 Underground Facilities .......... ...... .....2-3 1.42 Unit Price Work..................................3 1.43 Work..................................................3 1.44 Work Change Directive .... ......... .,,..,,,._ 3 1.45 Written Amendment ...........................3 Page Number 2. PRELLMINARY MATTERS...............................3 2.1 Delivery of Bonds ........................ .3 2.2 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report, Preliminary Schedules; Delivery of Certificates of Insurance........... _......................3-4 2.8 Preconstruction Conference,,,,,,,,,,,,, 4 2.9 Initially Acceptable Schedule4_,.......4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..... ........ _....... ........ ...........4 3.1-3.2 Intent ................................ ........ 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunents,5 3.6 Supplementing Contract Documents ......... .......................... 5 3.7 Reuse of Documents 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands ............. ........ 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings... ........ ........ 4.2-2 Lim ited Reliance by CONTRAC- TORAuthorized; Technical Data.............._............................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditiong..................6 4.2.4 ENGINEER'S Review.......................6 4.2.5 Possible Contract Documents Change.._...................................6 4.2.6 Possible Price and Times Adjustments....,.,., ...... .......... ... 6-7 4.3 Physical Condtions--Underground Facilities ....................................... 7 43.1 Shown or Indicated.... ....... _.. __...1.7 4.3.2 Not Shown or Indicated., ......... ... 7 4.4 Reference Points ................................ 7 EJCDC MNERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATI ONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 5, BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance,,,,,,,,,,,,,,,,,,,, 8 5.4 CONTRACTOR's Liability Insurance.......................................... 5.5 OWNER's Liability Insurance .,,,,,,.•,,,•, 9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................ 10 5.8 Notice of Cancellation Proasion.,.., .... 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5_10 Other Special Insurance....................10 5.11 Waiver of Rights. . .............................. 11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... 10-I1 5.14 Acceptance of Bonds and Inss- ance; Option to Replace,,,,,,.,,,,,•,,,•„ 11 5.15 Partial Utilization --Property Insurance........................................11 6. CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendencg11 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, . ... 1 ................. ...... 15 6.17 Site Cleanliness..,...... I ...................... 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents ........... ............ .....15 6.20 Safety and Protection_.............._,.15-16 6.21 Safety Representative.. .... ...... ........ J6 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Samples.. ......... ..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... ... 16-17 6.27 Responsibility for Variations From Contract Documents,,,.,....._.17 6,28 Related Work Performed Prior to ENGIN-EER's Review and Approval of Required Submlittals..........................,... „17 629 Continuing the Work ..................... j 7 6.30 CONTRACTORS General Warranty and Guarantee ......... _ 17 6.31-6.33 Indemnification,. _..... .. ............. 17-18 6.34 Survival of Obligations ...................18 T OTHER WORK.................................................18 7.1-7.3 Related Work at Site... ....... ............ IS 7.4 Coordination._ ...... ..... ......... ......._18 S. OWNER'S RESPONSIBILITIES .... ................. ....19 8.1 Communications to CON- TRACTOR _..........................» 18 8.2 Replacement of ENCIINTW........... IS 8.3 Furnish Data andPay Promptly Wluen Due..................................18 SA Lands and Easements; Reports and Tests., . ..... __ ............. _18-19 8.5 Insurance,,. ... . ....... _ ............ ......... 19 9.6 Change Orders, .......... _._ ... ....... J9 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRAGTOR's Services, .......... ... _._ ... ___ ...... 19 8.9 Limitations on OWNER'S Responsibilities _..........................19 8.10 Asbestos, PCBs, Petroleums, Hazardous Waste or Radioactive 8.11 Evidence of Financal Arrangements .............................19 9. ENGINEERS STATUS DURING CONSTRUCTION.. _.................,..... i9 9.1 OWNER's Representative...............19 9.2 Visits to Site..................................19 9.3 Project Representative ....... ........ 19-21 9.4 Clarifications and Interpre- tations. ...... .............. ........ ...21 9.5 Authorized Variations in V&k" . _ _21 EXMC OENEFLAL CONDITIONS 1910.8 (1990 EDITION) W r CITY OF FORT COLLI CIS MODMCATIONs (REV 9r99:) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ..... ,............ 21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices.- _ 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial lntcrprctcr..............22 9.13 Limitations on ENGINEER's Authority and Responsibilitie§,,,, 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents -................................... 23 10.4 Change Orders .... ................ _............ 23 10.5 Notification of Surety,........................23 CHANGE OF CONTRACT PRICE ............................23 11,1-11.3 Contract Price; Claim for Adjustment; Value of the Wok ............ .................. 23-24 11A Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Worl;,.........25 11.6 CONTRACTOR's Fee 25 11.7 Cost Records 25 26 11.8 Cash Allowances ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,26 I L9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment,_......................26 112 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORS Control ...................................... 26-27 12A Delays Beyond OWNEWs and CONTRACTOR's Control,,,,,,,,,I TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC7711E WORK ....................... 13.1 Notice of Defects ..............................., 7 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation......,,, 27 13.4 OVbNERs Responsibilities; Independent Testing Laboratory ....... 27 13.5 CONTRACTOR's Responsibilities ................ _._.........27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 13.8-13.9 Uncovering Work atENGI 1v_FMs Request ..................... r7-28 13.10 OWNER May Stop the Work _.......28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ........................ ..28 13.13 Acceptance ofDefective Work ......... 28 13.14 OWNER May Correct Defective Work. ................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 141 Schedule of Values ............... 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTOR's Warranty of Title...........................................29 14-4-14.7 Review of Applications for Progress Payments, ....... __..... 29-30 14.8-14.9 Substantial Completion.,.... ............30 14,10 Partial Utilization .............. ....... 30-31 14.11 Final Inspection .............................31 14.12 Final Application for payment, ... _,31 14.13-14.14 Final Payment and Acceptance ... _ , 31 14.15 Waiver of Claims , , „ 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER. May Suspend Work ...... ... 32 15.2-15.4 OWNER May Terminate ..... ___ .... 2 15.5 CONTRACTOR May Stop Work or Terminate,,,,,,,,,,,,,,,, 32-33 16. DISPUTE RESOLUTION ...... ............ ................ 33 17. MISCELLANEOUS ........___ ........... ............. .., 33 17.1 Giving Notice......, .... __ . ...... 33 17.2 Computation of Times.. . ........ .......33 17.3 Notice ofClaim ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 33 17.4 Cumulative Remedies.__...............33 17.5 Professional Fees and Court Costs Included_.. I.......................33 17.6 Applicable State Laws................33-34 Intentionally left blank . .......... .................... ....., 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .... .......... ....... GC -Al 16.1-16.6 Arbitration, ... ............ _GC -Al 16.7 Mediation...............................GC-AI iv E1CDC GENEPUL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUM MODIFICATIONS (REV 9199) INDEX TO GENERAL. CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance,.......................................5.14 defective Work,,, „10.4.1, 13.5, 13.13 final payment . ......... ....... I ...... ,..... 19,12, 14.15 insurance ........................... .............................. 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items, ,,,,,,,,,,,,,,,,,,,,$ 7.1 Work by OWNER..............................7,5, 6.30, 6.34 Access to the -- Lands, OWNER andCONTRACTOR responsibilities........,...,...,, ........................... 4.1 site, related Work ........... ............_............._.......72 ... Work,.......................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..........................................5,20, 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 Adjustments -- Contract Price or Contract Times ......................... 1,5, 3.5, 4.1, 4.3,2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8. 15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form ..... ...................... $,.6.2 Allowances, Cash ........... ...... ......... ..........,......... ...... 11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general ....... I ....... _1.10, 1.45, 3.5, 5.10, 5,12, 6.6.2 .......................... .8,2 6,19, 10.1, 10.4, 11.2 ... ....,..I .......... .............. .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 ENGINEERS 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 .................................................MA-14.7 Arbitration...................................._..............16.1-16.6 Asbestos -- claims pursuant thereto, ........ ____ ........ 4.5.2.4A3 CONTRACTOR authorized to stop Work.......... 4.5.2 defurition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for..., . . ............ ...... 1 AS A, 8.10 possible price and times change ......... .... _.,..,,..4.5.2 Authorized Variations in Wor)5......... 3.6, 6.25. 6.27, 9.5 Availability of Lands............ ...................... _.......4.1. 8.4 Award, Notice of--defined.......................................1_ZS Before Starting Cmstructioq..............................,'.5-2.8 Bid --definition of.-. ............ _.. _... 1. 5 (1.1, 1,10, 2.3, 3.3. ..,........ I ... 1........ 4.2.64, 6.13, 11.4.3, 11.9,1) Bidding Documents -definition of ........................1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (L I, 42.6.2) Bonds -- acceptance of., ........... ............. ......... ........... .----- 5.14 additional bonds10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of.........................................,........,..,.1.8 delivery of ................. .................................. '.1, 5.1 final Application for general......................................1.10, 5,1-5.3, 5,13, ............................ - .......... 9.13, 10.5, 14.7.6 Performance, Payment and Othe#. ......... _...... 5.1-5.2 Bonds and Insurance -in general5 Builder's risk "all-risk" policy Cancellation Provisions, Insurance,,,,,_„ 5.4.11, 5.8, 5.IS Cash Allowances, ...................... ........................ ... )1.8 Certificate of Substantial Completiorl ........ 1.38, 6.30.2.3, ..................................14.8, 14.10 Certificates of Inspecttoq .... ............... 9,13.4, 13.5, 14.12 Certificates of Insurance..............2,7. 5.3, 5A4 11. 5A.13, ...,_.._......... __,5,6.5, 5.8. 5.14, 9.13A, 14.12 Change in Contract Price -- Cash Allowances..............................................1I.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, 11.2. 13.9. ....I..................13.13,13.14, 14.7,15.1, 15.5 CON'TRACTORs fee.........................................11.6 Cost of the Work general... _.......................................... I IA-11.7 Exclusions to, ........................... ....... __ ... __1 1 .5 Cost Records, ............................................... __ 11.7 in general ...... _ ....1.19, 1.44, 9,11, 10.4.2, 10.4.3, it Lump Sum Prichg..........................................11.3.2 Notification of Surety.. ............... ............... .......10.5 Scope of_.. _ . ............. ........ . ........... ....... J0.3-10.4 Testing and inspection, Uncovering the Work............ ......................13.9 EJCDC GENERAL CONDmONS 1910.8 (1990 EDITION) w' CITY OF FORT COLUNS MODIFICATIONS (REV 9/W) Unit Price Work 1.11.9 Article or Paragraph Num ber Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustmenl......... 4.1, 42.6, 45. 5,15. ...... 6.8.2, 9.4, 9.5, 9.11. 10.2. 10.5, 12.1, .,,,,,.... I .... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control.............................12.4 Notification of surety ......................................... 10.5 Scope of change.. .... .............................. _10.3-10.4 Change Orders -- Acceptance of Defective 1Vork,._,-_ ........ _____....... 13.13 Amending Contract Documen4 ..........................3.5 Cash Allowances.. ... .' ............. .... I ... ...' .... JI-8 Change of Contract Price ............ ........... ............. I I Change of Contract Time;...................................12 Changes in the Work ................ ..........................10 CONTRACTOR's fee.......................................31.6 Cost of the Work.................,,...,,,.,,.,._._.,,.,11.4-11.7 Cast Records....................................................1 L7 definitiono............................................,......,...1.9 emergencies.....................................................0.23 ENGINEERs responsibility........ 9.8. 10A, 11.2, 12.1 execution of .......................... .................. .........10A Indemnifiction .........................0.12, 6.16, 6.31.6.33 Insurance, Bonds and ...... .................5.10, 5.13, 10.5 OWNER may terminate.. ............................ 1.5.2-15.4 OWNERs Responsibility ..................... ........$.6, 10.4 Physical Conditions - Subsurface and ............................................. 4.2 Underground Facilities--,•.........................4.3.2 Record Documents .... ...... ....... ........ .... ....... ......6.19 Scope of Change.....................................10.3-10.4 Substitutes,,,, ....... ............................. __6.7.3, 6.8.2 Unit Price Work. .. .., .. .. . ................. .............. JI.9 value of Work, covered by ............. .11.3 Changes in the Work ...... ............... ... ........ ................. 10 Notification of surety.........................................10.5 OVvNERs and CONTRACTORS responsibilities...........................................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...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Contract Times ...........................?A, 12.1 CONTRACTOR's .............A, 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 r1 CONTRACTOR's Fee ..................................... 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work ................. ..... .... .._I1.4, 11.5 Decisions on Disputes ... ............................ 9.11, 9,12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ....................j6.1-16,6 ENGINEER as initial interpretoC....................... 9.11 Lump Sum Pricing .......................... ............... 11.3.2 Noticeof..........................................................17.3 OWNERs....................9A, 9.5. 9.11, 10.2, 11.2. 11.9 ........... ....... __.,.12.1. 13.9. 13.13. 13.14, IT3 OWNER's liability .................... ...................... ..., 5.5 OWNER may refuse to make payment,,,, ......... , ....... 14.7 Professional Fees and Court Costs Included......_.............................................17.5 request for formal decision on.............................9.11 Substitute Items ............................................ 6.T1 2 Time Extension................................,...........I....12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work ...... ..........................................11.9.3 Valueof...........................................................11.3 Waiver of --on Final Payment ................. j4.14, 14.15 Work Change Directive......................................10.2 written notice required,., .............. .... 9. 11. 11.2, 111 Clarifications and Interpretation:,,,,,,,,,,., 3.6.3, 9.4, 9.11 Clean Site.._..............._........--............_............6.17 Codes of Technical Society, Organization or Association ......... .................................. ....... 3-3.3 Commencement of Contract Times ......................._„23 Com m unications-- general , ....6.2, ............................ 6.9.2, 8.1 Hazard Communication Programs .....................,6.M Completion -- Final Application for Payment ...................... ..14.12 Fina I Inspection ... ......... .. ........ .. j 4.11 Final Payment and Acceptance.,,,,,.,,,•,.„ 14.13-14.14 Partial Utilization............................................14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims.............................�....,.„.,_.,14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others....... ........................................ _!5.8-611 Conferences -- initially acceptable schedules ..............................2 9 preconstruc lion...................................................2.8 Conflict, Error, Ambiguity, Discrepattcy-- CONTRACTOR to Report... ..... _........ _... 2.5, 3.3.2 Construction, before starting by CONTRACTOR............................................15-2.7 Construction Nfachinery, Equipment, etc .................. 6.4 Continuing the Work......................................6.29, 10A Contract Documents -- Amending., ........................................................ 3.5 Bonds.............................................................5' 1 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (.REV 9t99) Cash Allowances, ........... __ ..... __ ....... ........ _.11-8 Article or Fttragraph Number Change of Contract PriN........ ............................ 1 I Change of Contract Times..,__., .......... ................12 Changes in the Work ................... ............. 10.4-10.5 check and verify................................................2.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definition of.....................................................1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative.............9.1 general3 Insurance....... _..................................................5.3 Intent....................................................... 3.1-3.4 minor variations in the Work ................... ...........3.6 OWNERs responsibility to furnish data ... ........ ,.,8,3 OWNER's responsibility to make prompt payment ....... ................... $.3, 14.4,14.13 precedence................................................3.1, 3.3,3 Record Documents,. ........... .............................. 0.19 Reference to Standards and Specifications of Technical Societieg................................... 3.3 Related Work ........... ....... ............................... ..., 7.2 Reporting and Resolving Discrepancies,„,,,,_ 2.5, 3.3 Reuseof.............................................................3.7 Supplementing..... .......... .......... _........... ,........ ,, 3.6 Termination of ENGINBER's Employment .......... 8.2 Unit Price Work.......:.......................................11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER'S..... ..._.................. 9.2 Contract Price - adjustment of .......,„..... 3.5, 4.1, 9.4, 103, 11.2-11.3 Changeof.................................:.......I.....I...........) I Decision on Disputes........................................9.11 definitionof ....... ............ ........... ....... ................ JAI Contract Times. - adjustment of., ........ ......... 3.5, 4.1, 9A, 10.3, 12 Change of.......................:.........................12.1-12.4 Corn encem ent of ............................................ 2.3 definition of,,, ........................ ...........................1.12 CONTRACTOR - Acceptance of Insurance. 5.14 Communications......................................6.2, 6.9.2 Continue Work .... __................................6.29, 10A coordination and scheduling ,,,,,,,,,,,,,,,,,,,,,,,,,,,,6,,9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized, ....... .......... ......... 4.2.2 May Stop Work or Term inate............................1,5.5 provide site access to others ....................... 7.2, 13.2 Safety and Protection, .................. 4.3.1.2.6.16, 6.18, ......................................621-6.23, 7,2, 13.2 Shop Drawing and Sample Review Prior to Submittal, ....................................... 5,25 Stop Work requirements--... . ..................... .... . 45-2 CONTRACTOR's- Article or paragraph Number Compensation, .... .................. __ .... ___ ... 11.1-1l .2 Continuing Obligatiork....................................14.15 Defective Work,,,,,,,,,,,,,,,, 9.6. 13,10-13.14 ............... Duty to correct defective Work .........................13.11 Duty to Report -- Changes in the Work caused by Emergency. .......................................... 6.23 Defects in Work of Others ............................. 7.3 Differing conditions.. . . ............................... 4.23 Discrepancy in Documents,...,.., 2.5. 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,,,,,, 4.3.2 Emergencies ................ .................................. 6,23 Equipment and Machinery Rental, Cast of the Work..... ............................. ........ IL4,53 Fee --Cost Plus .... „............ ....... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee___ .......... 6.30 Hazard Communication Programs. .............. ...... 6.22 Indemnification..-_,_.............__6.12, 6.16. 6,31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment, ....... ,........... 6,3-6.5 Laws and Regulations, Compliance by ........... ,614.1 Liability Insurance .............................................. 5.4 Notice of Intent to Appeal .........................9.10, 10A obligation to perform and complete theWork....................................................0.30 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, 18,19, 6.6, 6.29, 10A, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work...._._ ............. .......... 10.1 Concerning Subcontractors, Suppliers and Others .........:........................... 6.8-6.11 Continuing the Work .... _ ........... . ........6.29. 10.4 CONTRACTOR'S expense ..........................6.7.1 CONZRACTORs General Warranty and Guarantee. . ... __ .... ... __ .......... _6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal.................0.25 Coordination of Work.. .....,..I ..........I ...... -- 6.92 Emergencies ............................................... 6-23 ENGINEERS evaluation. Substitutes or "Or -Equal" Items.............................6.7.3 For Acts and Omissions of Others.............................6.9.1-6419.13 for deductible amounts,insurance...................5,9 general........................................6, 7.Z 7.3, 8.9 Hazardous Communication Program s........... .' 2 Indemnification, . . . ............................... 6.31-6.33 vii EXVC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CITY OF FORT COLLINS MOMICATiONS (REV 9199) Labor, Materials and Equipment... ........... 0,345 Laws and Regulations..................................6.14 Liability Insurance........ ................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents—- Patent Fees and Royalties.............................f.12 Permits,.., . .................................................. 6.13 Progress Schedule, ................. ........................6.6 Record Documents _....... .........................6,19 related Work performed prior to ENGINEERs approval of required submittals... _ ....................................... 628 safe structural loading.................................6.18 Safety and Protection ....................6.20, 7.2, 13.2 Safety Representative__ —.........6.21 Scheduling the Work.. ... ............................ 6,9.2 Shop Drawings and Samples. .. ................... A24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness ......................................... 5.17 Submittal Procedures...................................6,25 Substitute Construction Methods and Procedures6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ........................................... 6.2 Supervision...................................................6.1 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 Worys ..... 10.2 right to claim,.,_ __ 4, 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,_ .. . . ................................. 1144 Substitute Construction Methods and Procedures.6.7 Substitutes and "Or -Equal" Items, Expense,.. ............ ..._......... ......., 6.7.1, 6.7.2 Subcontractors, Suppliers and Uthers........ _68-6.11 Supervision and Superintendence.........6.1. 6.2, 6.21 Taxes, Payment by..... _............... ................... 6.15 Use ofPremises..I.._._..................... ...... .6.16-6.18 Warranties and guarantees.........................0.5, 6.30 Warranty of Title ............ ................................... 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate .... _ 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion................................14.8 Viii CONT R.ACT ORS --other .............................................. 7 Contractual Liability Insurance..............................$.4.10 Contractual Time Limits........................................12.2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ................... ....6.9.2 Copies of Documents ............................................... 2.2 Correction Period..................................................13.12 Correction. Removal or Acceptance of Defctive Work-- in general.... . .............................. 10.4.1. 13.10-13.14 Acceptance ofDejectiive Work...........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period .................. ............ ............. 13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 cost__ ofTests and Inspections....................................13.4 Records11.7 Cost of the Work — Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ... .. .........................................11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses, ........................... 1.4.5.1 Exclusions to....................................................11.5 General 11.4-11.5 Home office and overhead expense*, .... ......... .... 11.5 Losses and damages. I ................... ............. 1.11.4.5.6 Materials and equipment.........................„_..,.11.4.2 Minor expenses..........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors............................11.4.3 Records 11.7 Rentals of construction equipment and machinery ....................._„ „_......., 11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities, ............... 11.4.5 2 Special Consultants, CONTRACTOR's..,. ........ 11.4.4 Supplemental .......... ................... ......... ........ ...11, 4.5 Taxes related to the Work.. ............ ............ _11.4.5,4 Tests and Inspection, .........................................13.4 Trade Discounts.............................................11A.2 Utilities, fuel and sanitary facilities..............1L4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies_ ........ - ......... ______114-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNED.............................11.3 Day --definition of...............................................17.2.2 Decisions on Disputes, ................................... 9.11, 9.12 &fective--definition of...........................................1.14 defective Work— Acceptance of ......................... ............. 10.4.1, 13.13 E1CDC GE NMAL CONDITIONS 1910.8 (1990 EDITION) wl C1 TY OF FORT COLLMS MODIFICATI ONS (REV 9199) Correction or Removal of ... .... ....... __,.10.4,1, 1111 Correction Period__., ..... _ ... ____.....,,....,..13.12 in general ............. ..... ........ .,........ ...,.,13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OVPNER May Stop Work_ ,, . ...... ___ ............. 13.10 Prompt Notice of Defects...................................131 Rejecting............. ..... ............... .:........................ .9.6 Uncovering the Work........................................13.8 Definitions.. ................. ............... ............. .......... ....--.1 Delays.....................................4.1, 6,29, 12.3-12.4 Delivery of Bonds_..........................__.............,,.,,.2,1 Delivery of certificates of insuranc@...........................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions -- Notice of ......................... ...........4.2.3 ENGINEER's Review.. ........ .......... .......... A 2.4 Possible Contract Documents Changc,,,,,,,4.2.5 Possible Price and Times Adjustments. ............. 4.2.6 Discrepancies -Reporting and Resolving_, ......... ...... ___15, 3.32, 6.14.2 Dispute Resolution — Agreement .................................. ...........16.1-16,6 Arbitration ........................ ... ....... , 16.1-16.5 genera116 Mediation, ......... ......... ......... 16.6 Dispute Resolution Agreement.........................J6.1-16,6 Disputes, Decisions by ENGINEER .................. ................ Docum ents- Copies of___._ .......... ....... .7-2 Record 6.19 Reuseof ......... ................... ......,.......................... 3.7 Drawings --definition of..........................................)AS Easements.............................................................4.1 Effective date of Agreement -- definition gf..............1.16 Emergencies.................................. _,..................... . 6.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,,,9.1I-9.12 definition ot.................................................... 1.17 Limitations on authority and responsibilities., ... 9,13 Replacement of..................................................8.2 Resident Project Representative,_..,,,,-,,,„-..,.,..--.-9:3 ENGINEER's Consultant -- definition of..................1.18 ENGINEERS — authority and responsibility, limitations on,.,,,,,, 9,13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for......, 9-7, 10, i 1, 12 Clarifications and Interpretations ...............3.6,3, 9A Decisions on Disputes . ........... ........... ....... 9.11-912 defective Work, notice of., . ....... _ ............. ___13-1 Evaluation of Substitute Item4 ..........................63.3 Liability ....... .... .......................... .............. 6,32, 9.12 Notice Work is Acceptable ............................ _ 14,13 Observations ........................................... b.30,2. 9,2 OWNERs Representative. I --- I ....... 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... ........................: 6,26 Status During C(rtstruotion-- authorized variations in the Work.._...............9.5 Clarifications and Interpretations.. ..... __... ... 9A Decisions on Disputes ........... .............. 9.11-9.12 Determinations on Unit Price....................._9,10 ENGINEER as Initial Interpreter,-_.- ..... .11-9.12 ENGINEERS Responsibilities ............. ... 9,1-9.12 Limitations on ENGINTER's Authority and Responsibilities ......................... ....9.1-1 OGVtv'ER's Representative .............................. 9.1 Project Representative...,,.-„..........................9,3 Rejecting Defective Work..... ........ ..... 9.6 Shop Drawings, Change Orders and Payments----........"-, ........... Visits to Site. ............................. 9.2 Unit Price determinations....:............................9.10 Visits to Site ............ .... ....-------- _ ..........,,_.,.........9.2 Written consent required .............................. 7,2, 9.1 Equipment, Labor, Materials and.... .... .......... _6.3-65 Equipment rental, Cost of the Worn_ ................ 31,4,5.3 Equivalent Materials and Equipment .........................6.7 error or amissions..................................................0.33 Evidence of Financial Arrangements. ....... ...... ___?,11 Explorations of physical condition*....... ................. 4.2.1 Fee, CONTRAGTORs--Costs Plus, ....... .................. 11,6 Field Order — definition of.....................................................1.19 issued by ENGINEER...._ ......................... 3.6.1, 9.5 Final Application for Payment,,,,. Final inspection ........ .................. ..................14.11 Final Payment -- and Acceptance ............. ....... .................. 14.13.14.14 Prior to, for cash allovances..............................11.8 General Provisions, ......... ........ _ ........... ...... _17.3-17A General Requirements -- definition of. . . . _ . ... _ ............. principal references to,, ......... _2.6.6.4. 6.6-6.7, 6,24 Giving Notice, ......... ........ _171 Guarantee of Work —by CONTRACTOR..__ ... 0.30, 14.12 Hazard Communication Programs,., ........ __ ............ 0.22 Hazardous Waste — definition of, ............ __ ......... ............... .......... 1,21 general................_......._.........-.........._................4.5 OWNER'S responsibility for .......................,....... 8.10 EJi DG GENERAL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLLINS MODMCA710NS {REV 91K) The existing onsite soils should be suitable for use as engineered fill for support of pavements and for common embankment, however, some isolated high plasticity clays may also be encountered and these soils should be omitted as engineered fill. If temporary sloped excavations are used, such as for utilities, stockpiled material should be kept at least a distance equal to the height of the cut away from the top of the excavation. Sloped excavations should conform to applicable OSHA regulations for Type C soil. The contractor's competent person should confirm the soil type and assume responsibility for an excavation that is safe for workers. 8.0 PAVEMENT DESIGN A pavement section is a layered system designed to distribute concentrated traffic loads to the subgrade without overstressing the subgrade soils. Performance of the pavement structure is a function of several factors including but not limited to the physical properties of the subgrade soils, drainage, and traffic loadings. The pavement sections presented in this report are based on Larimer County pavement thickness design procedures. We have assumed that hot mixed asphalt pavement (HMAP) will be used in the proposed right turn lanes, to be consistent with the existing pavement onsite. Subgrade Soil Strength: Gradation and Atterberg limits test results were used to evaluate the AASHTO classification for the subgrade soils. The subgrade soils encountered in the area of the proposed additional right turn lanes have AASHTO soil classifications of A-6 with group indices of 5. These materials typically have poor to moderate pavement support characteristics. For pavement design purposes, we have assumed that new pavement will be supported by at least 3 feet of soil with a minimum R-value of 15. This will require that material types are monitored during construction and the soils of lesser quality be removed and replaced with soils meeting the minimum strength requirements. For design, the R-value of 15 was converted to a Resilient Modulus (Mr) of 4,195 Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 7 of 11 Indemnit`ication,........ ,.... ........ .......¢.12, 6.16, 6.31-6.33 Initially Acceptable schedules ............ ................._.. 2.9 Inspection— Certificatesof..............................9.13A, 13.5, 14.12 Final... .................. ......................................14.11 Article or Paragraph Number Special, required byENGINHER.........................9:6 Tests and Approval„ ...........................$.7, 13.3-13A 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 Cancellation Provisions ..................................... 5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13, .............. ..........5.6.5,5.8,5.14,9.13.4.14.12 completed operations .................................... SAA3 CONTRACTOR's Liability., . ...... ...... ......5A CONTRACTOR"s objection to coverage....,,....... 5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOIts responsibility ..................................... 5.9 Final Application for Payment .........................14.12 Licensed Insurers..............................................5.3 Notice requirements, material changes,,,,,,, 5.8, 10.5 Option to Replace. ................... ........................5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds ...... ........ $.12-5.13 OWNER's Liability .......................... .............. ...5.5 OWNER's Responsibility .....................................8.5 Partial Utilization, Property Insurance...............5.15 Property.... ................. ___ ............... ......... 5.6-5.10 Receipt and Application oflnsurance Proceeds .............................................. 5.12-5.13 Special Insurance... ....... __ ...... .... _ ...... __ .....5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions ......................... 4.2 Labor. Materials and Equipment ......................... ¢,345 Lands -- and Easements...................................................$.4 Availability of, ......... _ ............ 1. 8.4 Reports and Tests,................................. .8.4 Laws and Regulations —Laws or Regulations -- Bonds ..... Changes in the Work........................................10.4 Contract Documents ...... .................... ....... ....... _. .1 CONTRACTOR's Responsibilities .....................6.14 Correction Period,&fective Work ,,,,,,,,,.,,,,.,,,„13.12 Cost of the Work, taxes ...... .......................... 11.4.5.4 definition of- ..._...... .............. ........ ___ .... .... ...1.22 general6.14 Indemnification.. 6.31-6.33 Insurance . ................................................. .........5.3 Precedence............................._.._._............3,1, 3.3.3 Reference to, ............ . ...... 3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others,,,,,.. ... 6,8-6.11 Article or Paragraph Number Tests and Inspections.............................,....13.5 Useof Premises .................................................6.16 Visits to Site-, ................ ........ ............ ....... 9,2 Liability Insurance -- CONTRACTOR s..................................... .:........ 5.4 OWNER's............. .. ..5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .... ......... ......... J*2 CONfRACTOR's Warranty of Title....................14.3 Final Application for Payment........ ...... ..... __J4.12 definition of ............... ..................... ................. A-23 Waiverof Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities..................._.._.....,..._.................2.13 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 Document4 .... ........... ..3:3,1 Materials and equipment -- furnished by CONTRACTOR,.._, ............. .........0-3 not incorporated in Work..................................14.2 Materials or equipment --equivalent,, .................... __0.7 Mediation (Optional) ... ........................................... k6.7 Milestones --definition of.......................................1.24 Miscellaneous -- Computation of Tunes.......................................17.2 Cumulative Remedies- ....... ....... _.____j7.4 Giving Notice_, .... _ ........ ___ .................. ... _17.1 Notice of Claim............................................_A7.3 Professional Fees and Court Costs Included .......17.5 Multi -prime contracts ...... ....... ........... .........................? Not Shown or Indicated...................:.:...:...............4.3.2 Notice of -- Acceptability of Pro.jest................................... 14.13 Award, definition of.........................................1.25 Claim............................................................17.3 Defects,13.1 Differing Subsurface or Physical Conditiom .....4.2.3 Giving........ ......... ...................... .................... }.7.1 Tests and Inspections ....................... I3.3 Variation, Shop Drawing and Sample................0.27 Notice to Proceed — definition ition o ............ givingof ......................................... ......2.3 EJCDC MWEM COMMONS 1910.9 (1990 EDITION) w/ QTY of FORT CoLLim Mo1)rF wiom my 9199) Notification to Surety-___.„ ....................... .,_10.5 .-_...._.. Observations, by ENGINEER.... ................. ... _030, 9.2 Occupancy of the Work .................. 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR ............ _09, 9.13 (,)pen Peril policy form, insuranaq .........................5.6.2 Option to Replace ................................. .........5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work —prohibition of ... ............ .............. .... 6.3 OWNTER-- Acceptance of defective Work ................. ........ .13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary .......... ............. ........................ 5.12-5.13 Availability of Lands, responsibility ..................14.1 definition of .............. ...... data, furnish ...... ......... ....... ................ ___ ..... ..... .3 May Correct Defective Work............................13.14 May refuse to make payment.............................14.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate_ .......... ............. $,8. 13.10, 15.1-15.4 Payment, make prompt. .......... ......... $. 3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ...................6.13 purchased insurance requirements ...............5.65.10 OWNER's-- Acceptance of the Work . ............... .............. 0,30.2.5 Change Orders, obligation to executq ......... 8.6, 10.4 Comm unications............................................... 8.1 Coordination of the Work. 7.4 Disputes, request for decisiorl............................9.11 Inspections, tests and approvals..................F.7, 13.4 Liability Insurance.....,........... I ........................... 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER'S Status......................................9-1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................F.10 Change Orders, . ....... ...... ........ ............... 8,6 Changes in the Work...................................10.1 communications............................................ 8.1 CON IRACTOR's responsibiliticA.................. 8.9 evidence of financial arrangement,s..............$.11 inspections, tests and approval$.....................8.7 insurance...................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by .... ,---- ,,.,,,.. ..8.3 replacement of ENGINEER .................. ......$.2 reports and tests._..........................................8.4 stop or suspend Work.................8.8, I3.10. 15.1 terminate CONTRACTOR's sere ices ........................................ _.8.8. 15.2 separate representative at site„ . .................... ...... 9-3 testing, independent.........................................13.4 use or occupancy of the Wodc ..........................�A5, 6.30.2.4, 14.10 written consent or approval required ....................... .............9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLMS MODR'ICATIONS (REV 9f99) Article or Paragraph Number written notice required, ........... ..... . .... .7.1, 9A, 911, ..................... ............... 11-2, It 9. 14.7. 15A PCBs -- definition of _....._ ................... .................. ......1-29 general.............................................................4.5 OWNER's responsibility for ............................... $.10 Partial Utilization -- definition of,, .......... ........................................ 1.28 general 6.30. 2.4. 14.10 Property insurance ............................................ 5.15 Patent Fees and Royalties........................................6.12 Payment Bonds. . . ....... ............... ......... .......... 5.1-5.2 Payments, Recommendation of .... .......... 14A-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments._ ... ...............14.2 CONTRACTORS Warranty of Title.... ............ _ 14.3 Final Application for Payment„_„....................14,12 Final Inspection ......................... . ..............I .....14-11 Final Payment and Acceptance ...............14.13-14.14 general.........................................................$.3, 14 Partial Utilization...........................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ............................... I4.4-14,7 promptpayment .......................................... ........ $.3 Schedule of Values.........::................................14.1 Substantial Completiork .......... ................... .14.8-14.9 Waiver of Claims ........................................... -14.15 when payments due................................14.4, 14.13 withholding payment.........,...............................14.7 PerformanceBonds....... ......................... ..........P`.1-5.2 Permits...................................................13 Petroleum -- definition of., ........................... _.....................,1.30 general..............................................................4.5 OWNER's responsibility for__ . ......................... $.10 Physical Conditions -- Drawings of, in or relating tQ........................ 4.2.1? ENGWEER's review ........................................ 4.2.4 existing structures............................................4.2.2 general4.2.1.2 ........................... °... ............. ., .... Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustment4..............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 ........................4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicud..............................4.3.2 Protection of.........................................4.3, 6.20 Article or Paragraph Number Shown or Indicated ............................................... 4.3.1 Technical Data..........._ .................................. 4.2 2 Preconstruction Conference.......................................2.8 Preliminary Matters.....................................................2 Preliminary Scheduleq..................................... ......... .2,6 Premises, Use of ............................................, 6.16-6.18 Price, Change of Contract ................................. .......... I I Price, Contract --definition of., ................................ 1,11 Progress Payment, Applications fo(..........................14.2 Progress Payment--retainage................................... 14.2 Progress schedule, C0NTRACT0Rs............ zA 2.8. 2.9, .....I........ ........... I....... 6.6. 6.29. 10.4, 15.2.1 Project —definition of...............................................1.31 Project Representative— ENGI EERs Status During Construction........... 9.3 Project Representative, Resident --definition of .... _,,.,1,33 prompt payment by OWNER.....................................8.3 Property Insurance— Additional .........................................................5.7 general5.6-5.10 Partial Utilization................................5.15. 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and__,_,_,,,._ ................ _6.20.6.21, 13.2 Punch list ............................. .................... ...,..... 14.11 Radioactive Material-- defintion of .................................................... J.32 general4,5 OWNER's responsibility for ........ ........ ............ ...$.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents.......................................6.19, 14 12 Records, procedures for maintaining... ...................... 2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work ........ ................ .......... ........9-6 Related Work -- atSite ................. ....................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ,..,.,,,,,,,,,,,,,,5.28 Remedies, cumulative....................................17.4, 17.5 Removal or Correction of Defective Work... .............. 13.11 rental agreements. OWNER approval requirel..,,.i 1.4.5.3 replacement of ENGINEER, by OWNER. ........ ... t2 Reporting and Resolving Discrepancies................................25, 3.3-2, 6.14.2 Reports -- and Drawings .... -................ _............. .............4.2.1 and Tests, OWIKERs responsibility .....................8A Resident and Project Representative -- definition of....................................................1.33 provision for............................................................ 9.3 xli EXI)CCIENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRAC'TOR's...............62 Responsibilities -- CONTRACTOR s-in general, ................................. 6 ENGINEER's-in general ......... ............................... Limitations on.............................._..............9.13 OWNER's-in general ............................................ g Retainage..... ........ ................... ......................... ..,14.2 Reuse of Documents........................._......_........._.....3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ........................6.25 Review of Applications for Progress Payments.....................................14A-14.7 Right to an adjustment...........................................1O, 2 Rightsof Way .................................. ..._._.............._...4.1 Royalties, Patent Fees an4...................................... 6,12 Safe Structural Loading, .............. __ .. ..............0,18 Safety -- and Protection ........................... 4.3.2, 6.16, 6.18, . _...... ....................... ...6,20-6.21. 7.2. 13.2 general ......................... ..... .... .......... ......... 0.20-6.23 Representative, CONTRACTOR's......................0,21 Samples-- . definition of........ .......................................,..,.., . 4 general .................................................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER ......... ............... ...... 6,26, 6,27 related Work ....................................... .............. 6,28 ........_........................6-24.2 submittal of...__ ........ ........... submittal procedures.........................................0.25 Schedule of progress-_. ............ ........... 7.6,2.8-2.9, 6.6, ......................... 6,29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 28-2,9, 6.24-6.28 Schedule of Values......__..................2.6, 2.8-2.9, 14,1 Schedules -- Adherence to..................................................15.2.1 Adjusting ...................... ¢.6 Change of Contract Times.................................10A Initially Acceptable.. .................................... 2.8, 2.9 Preliminary ....... ....... ......... .... ...... ..... ............ .....2.6 Scope of Changes, ...................................... 10.3-10.4 Subsurface Conditions ............................. .......... 4.2.1.1 Shop Drawings— and Samples, general ........... ................. _.. 6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of__., ....................... _3.6.2 ENGINEER's responsibility for review.....................................P.7, 6.24-6.28 related Work.._._ ................ ......................... ._.-4.28 review procedures ............................... 2.8, 6.24-6.28 Article or Paragraph Number submittal required__. .........................................624.1 Submittal Procedures.....,, .............. ............. _ ... 6.25 use to approve substitutions... ........ 1 .............. Shown or Indicated................................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0-17 Site, Visits to -- by ENGINEER..........................................9.2. 13.2 byothers ..... ........ ..... ........ ...................... _..... 13.2 "special causes of loss" policy form, insurance ............................ -5.6.2 definition of....................................................J.36 Specifications— defutation of. ....... ............................................1.36 of Technical Societies, reference tp............. _... 13.1 precedence ........................,.............................3.3.3 Standards and Specifications of Technical Societies 3.3 Starting Construction, Before.............................�.5-2.8 Starting the Work _ .... _.............................................2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER..................................,,.8.8, 1110, 15.1 Storage of materials and equipment ....................4.1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor— Concerni ng................................................6.8-6.11 definition of., .............. ....................... ........ _J.37 delays............................................................12.3 waiver of rights, ............................ . ......... Subcontractors --in general .... ................... .........6.8-6,11 Subcontracts --required provisions ......... 5.11, 6.11, 11.4.3 Subm ittals— Applications for Payment... .............................. 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.... ........ ............. .......2.6, 2.8-2.9 Shop Drawings. .......... ........................ 6.24-6.28 Substantial Completion-- certilication of ...... ................. _0 30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Prooedures,._.....6.7.2 Substitutes and "Or Equal" Item.......... .....................6.7 CONTRACTOR's Expense............................0.7.1.3 ENGINEER's Evaluation6.7.3 "Or-Equal"...................................................6.7.1. i Substitute Construction Methods xiii EJCDC GENU AI. CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/W) Article or Paragraph Num ber or Procedures ................................. ............ 5.7.2 Substitute Items., ......... ___ ....... ................ Subsurface and Physical Conditions. - Drawings o� in or relatng to,,,,,,,,;,,,,,,,,,,,,,,, 4.11.2 ENGINEER's Review ...................................... 4.2A general, . ... ........ . ........................ . ......................4. Limited Reliance by CONTRACTOR Authorized.............._................................4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments .,,,,,,,:,,,,..4,2.6 Reports and Drawings ...................................... 4,2.1 Subsurfaceand ................................................... 4.2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4.2.1.1 Technical Data...".., ...... I ......... ....... - ........ I ..... 4.22 Supervision— CONTRACTORs responsibility ........................... 6.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervise....,,,.,,,_,,,. 9.2, 9.13.2 Superintendence ..................... _......................I........ 6.2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs ....... ..........,..,,,,.,, ................... 11.4.5 Supplementary Conditions-- definition of .......................... .......................1.39 principal references tq.................1.10, 1.18, 2.2. 2.7, ........... ............ 4.2, 43, 5 1, 5-3, 5.4, 5.6-5.9, ......... ......5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents ..... ................ ..3.6 Supplier -- definition of ................................................ .....1.40 principal references tq........... �3, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment .......................14.12, 14.14 ENGINEER has no duty tq................................ 9.13 Notification of..................................10.1. 10.5, 15.2 qualification of.............................................51.5.3 Survival of Obligations, ......................................... . 6.34 Suspend Work, OWNER May .......................)3.10, 15.1 Suspension of Work and "Termination .......................15 CON TRACTOR May Stop Work or Terminate...........................................,..IS.S OWNER May Suspend Work... .......... ................ 15.1 OWNER May Terminate,__ ........ ............ J5.2-13.4 Taxes --Payment by CONTRACTOR..... .,.....,..0.15 . .......... Technical Data -- Limited Reliance by CONTRACTOR................4.2.2 Possible Price and Times Adjustments .............. 4.16 Reports of Differing Subsurface and Physical Conditions ........ _.......................,4.2.3 xiv 'rem porary construction facil ities . _ .. _ . _ _ _ , _ _ _ _ _.. _ _. 4.1 Article cr 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 Terns and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others.. ..................... CONTRACTOR's responsibilities, .... ................ J3_5 cost of 13.4 covering Work prior to ..............................J .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..............................„_......13.4 Uncovering the Work, at ENGINEER's request..................................... ............13.8-13,9 Times-- Adjusting .............................. _......... .................. 6.6 Change of Contract............................................. 12 Computation of ...... ....... ............... ,....,.....,.......,17.2 Contract Times --definition of ..... ......................1.12 day_.._..................................................17.2.2 Milestones_, ..........................-......... .........12 Requirements— appeals..._ ................. .................... . ._..9.10, 16 clarifications, claims and disputes ,,,,,,,,,,,9.11, 11.2, 12 Commencement of Contract Times,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ...........................2.8 schedules... ...................................... r.6, 2.9, 6.6 Starting the Work_.......................................2-4 Title, Warranty of.. . ... .............. ............................. 14.3 Uncovering Work .............. ........... .... ............... 13.8-13.9 Underground Facilities, Physical Conditions -- definition of,, ..... ..... __ ........................... ....... AI Not Shown or Indicated.,.. ............................... 4.3.2 protection of ............................................. 4.3, 6.20 Shownor Indicated ..................,..................... 4.3.1 Unit Price Work-- claims........................................................�1.9.3 definitionof....................................................1.42 general] 1.9. 14.1. 14.5 Unit Prices-- gencral l 1.3.1 Determination for „9.10 Use of Premise................................. 6.16. 6-18, 6.301A 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 Wort..................................................1 l .3 Values. Schedule of............................_2.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLONS MODIFICATIONS (REV 909) Variations in Work --Minor Authorized ....... ,.,.._......... ................. 6,25, 6.27, 9,5 Article or Paragraph Number Visits to Site --by ENGINEER : .................... ............... 9.2 Waiver of Claims --on Final Payment_ ....................14.15 Waiver of Rights by insured partie$..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR . . .............................................6.30 Warranty of Title, CONTRACTORs ........................14.3 Work - Accessto._.._ ...... ..........................._......-.-..........13.2 byothers.............................................................. 7 Changes in the .................................. ........... ....... JO Continuing the,. ................................................ 6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of 7.4 Cost of the_._ ........... ........................... 31.4-11.5 definition of 1.43 neglected by CONTRACTOR„ ..........................13.14 other Work i OWNER May Stop Work ..................... ............ 13.10 OWNER May Suspend Work....................13.10, 15.1 Related, Work at Site.....................................7.1-7.3 Startingthe_ ... .................................................. 2A Stopping by CONTRACTOR..............................t5.5 Stopping by OWNER ........... ................... ...15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to. ............................ ............... JO.2 definition af.................. ................................. ...1.44 principal references to......................3.5.3, 10.14U.2 Written Amendment -- definition of ......... ... ..... ........................... ..1.45 principal references to..............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10A, ............................11.2, 12,1, 13.12.2, 14,7-2 Written Clarifications and Interpretations..................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ...........................3.l, 9.10.9.11, _......................................... 104, 11.2. 12.1 by OWNER .................... 9,10-9,11, 10.4, 11.2, 13,14 Vv EXW GENERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLINS MODMICATIONS (REV 9199') (This page left blank intentionally) EICDC GENERAL COTD1TIONS 19104 (1990 EDITION) w,` CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLF 1 DF.FINMONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instnmunts issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Patment—The form acceptedby ENGINI•FR which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1 A. Asbestos- Arty material that contains more than one percent asbestos and is &fable or is releasing asbestos fibers into the air above current action levels established by the [United States Occupational Safety and Health Administration 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. L6. Bidding Doewnents—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. L8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), 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 004ERAL COMMONS 1910-8 (1990 EStioa) VO CITY OF FORT OOLLINS MODIFICATIONS pt N 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement- Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2,1 and 4.2 2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (in) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13 CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1,15. Drawings -=The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENUMER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of ore Ag+vement—The date indicated in the Agreement on which it becomes elective, 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 persons, firm or corporation named as such in the Agreement. L I S. ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to firmish services as ENGINEER's independent professional associate or consultant with respect to the Projed 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. 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The team Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a. laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1 22.b. Legal Holidcns--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 property. 1.24. Ifilestone--A prTeipal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25, Notice of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OOAIER--The public body or authority, =poration, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —Use by OWNER of a substantially completed part of the Wank for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs—Potychlorimted biphenyls. 1.30. Petroleum —Petroleum, including dude 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 -Hazardous Wastes and crude oils. 1.3I. 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 EtCDC GENERAL CONDITIO*s 1910-8 (1990 Eation) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4I1000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 13211 Regular Worfdn%, Hours —Regular working_hours are defined as 7:00am to 6:00pm urdess otherwise specified in the General Requirements. 1.33. Resident Project Representathti—The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34, Samples —Physical examples of materials, equipment, or workmanshi 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 Drawings -All drawings, diaxrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, starx]arcls and workmanship as applied to the Work and certain administrative details applicable thereto. 1,37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.35. Substantial Completion —The Work (or a specified pan thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by. ENTGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGIN-EER'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 139. Supplementary Co n&tions—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 any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water_ 1,42. Unit 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 Documents, 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by LNGINEER 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 43 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Ccmtract Price or Contract Times as provided in paragraph 10.2. 1,45. Written Antem wnt—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1, When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents 2 2 OWNER 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 our on the thirtieth day after the Effective Date of the Agreement, or, EJCDC 004BttAL CONDITIONS 1910-8 (19W Edition) wf CITY OF FORT COLLINS MODIFICATIONS (FEV 4I2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement In no on$ .,:n a :. C:.. Times sf #3id �erting-aFtlte- ive �rte ef-the rta rvhie}rever�ate-is earlier Starting the Work: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Tunes 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 t figures shown thereon and all applicableert field measurements. CONTRACTOR shall promptly report in writing to ENGINEER arty conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc ment% 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 E"TGIIQEER for review: 2.6.1. a preliminary progress schedule indicating the tones (numbers of days or dates) for starting and completing the various stages of the Work, including any Wl eskones specified in the Contract Documents; 2.6.2, a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.62.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Erwineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prizes of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started - CONTRACTOR etzd O%WiER shall welt deliver to dw motet: OWNED' with copies to identifiedENGINEER pounds per square inch (psi), in accordance with the CDOT methodology. Any imported soils should have similar or better strength characteristics. The following parameters were used for the pavement design: General Initial Serviceability 4.5 Terminal Serviceability 2.5 Reliability Level 90% Soils R-Value 15 Resilient Modulus (Mr) 4,195 psi Asphalt Structural Coefficient (HMAP) 0.44 Structural Coefficient (Class 6 ABC) 0.11 Overall Standard Deviation 0.44 Drainage Coefficient 1.0 Traffic Load and ESAL Calculations: The 18 kip Equivalent Single Axle Load (ESAL) is the equivalent 18,000 pound single axle loading for different vehicle types, and the design period ESALs are the total number of equivalent loadings to pavements for the design period. The 2014 Average Daily Traffic (ADT) of 31,000 vehicles per day was assumed, based on available information obtained from the City of Fort Collins FCMaps website. Based on information provided by the client, a 40% increase in traffic over the 20 year design life of the pavement was assumed, which corresponds to a design ADT of 37,495 vehicles per day. A 3.2% truck traffic distribution was obtained from the CDOT website for SH-287 in the project area, and was assumed for Shields Street. A 20% lane distribution factor was calculated based on the Drake and Shields Turning Movement Report also available on the Fort Collins FCMaps website. Printouts from the FCMaps website and a copy of the Turning Movement Report are included in the Appendix. Applying the CDOT vehicle equivalency factors for flexible pavements, a 20 year design ESAL20 of 1,329,308 was calculated for the proposed right turn lanes (ESAL calculation is presented in the Appendix). Pavement Thickness Recommendations: New composite hot mix asphalt pavement (HMAP) over aggregate base course (ABC) sections were calculated using the WinPAS 12 computer modeling program, based on the AASHT01993 pavement design methodology and developed by the American Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 8 of 11 certificates of insurance (and other evidence of insurance races b Fertst requested by OWNER) which CO2iTR.4CT0 is required to purchase and maintain in accordance with paragraphs Preconstruetion Conference: 2.8. Within twenty days after the Contract Tunes start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for payment and maintaining required records. Initially Acceptable Schedules:• 2.9. Unless otherwise provided in the Contract Documents r'4ppiicatmfor Payment before any work at the site be in a conference attended by CONTRACTOR, ENGINEER and others as approprited by OWi lER will be held to review or� awl acceptability to ENG INFER as provided below the schedules submitted in accordance with paragraph 2.6. and Division I _ Umml Reguiremer" CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within arty specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 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 CONfRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--00NTRACf DOCUMENTS. INTENT, ANIFNI)ING, REUSE Intent: 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerrung the Work. The Contract Documents are complementary; what is called for by one is as binding as if celled 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 EJCDC OENERAL CONDITIONS 1910-8 (1990 Edition) wl CITY OF FORT COLLINS MODiF1CATIOM (REV 4/2000) describe a functionally complete Project (or part thereon to be constructed in accordance with the Contract Documents. Arry Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to SUndards and Specifications of Technical Societies, Reporting and Resohing Discrepancies.• 33.1. 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 of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 33,2. If during the performance of the Work, CONTRACTOR discovers arty 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 h1GINEER 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 amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3 6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard- specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER. or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the famishing 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 indicating otherwise). The use of any such term or adjective shill not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any otter provision of the Contract Documents. Amen&ng 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 ErDC GE2 iMAL CONDITIONS 1910-8 (1990 Edtim) w! CITY OF FORT OOLLINS MODIFICATIONS (REV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. Tn addition, the requirements of the Contract Documents may be supplemented- and mina variations and deviations in the Work may be authorized, in arse or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27)_ or 3.6.3. ENGDTEERs written interpretation or clarification (pursuant to paragraph 9.4). Reuse ojDocuments: 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 ENGTNEEWs 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 OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4swilabilio, ojl ands: 4.1. 0"NI ER shall funush, as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR oyI g. MAII kwAs-+ipm . 9Z,3SR's-infer givirv-n *iee of-9r_-41ing a—ntec#tat 5 4i i Suek2-dNrtdS itt OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures a permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents, Lf CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's f mush' these lands, rights -of= way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equ ipment. 4.2. Subsurface and Physical Conditions• 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1, SliAsarface Conditions: Those reports of explorations and tests of subsurface conditions at or coatiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underfround Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by MWRr1CTOR Aielwrired' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such repots and drawings are not Contract Documents. Such "tedtnical 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 ENGMI ER or any of ENGINEER'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, methcxis, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2 2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.23_ any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4 2.3. Notice of Differing Subsurface or Physical Conditions: 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 4.2.3.2. is of such a nature as to require a charge in the Contract Documents or 4 2.33 differs materially from that shown or EJCDCr}ENERAL CONDITIONS 1910.8 (1990 FAtian) wl CITY OF FORT COLLINS MODIFICATIONS (REV 412000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pwmptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as ppecrmitted by paragraph 6.23), notify OWNER and ENGLNEER in writing about such contention. CONTRACTOR shall not further disturb sttch conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 414. Eh`GIVEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additioral exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.15. Possible Contract Docmrents Change: If ENGINEER concludes that a change in the Contract Documents 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 At#urbnents: 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 ot� the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive, 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic 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 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 Contrast Times by the submission of a bid or becoming bound under a negotiated contract, or 42642 the existence of such condition could reascriably 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 C01 TRACTOR prior to CONTRACTORS making such final commitment, or 42.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 42.3. 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 1 I and 11 However, OWNER, ENGINEER and ENGINEERs Consultants shall not be liable to CONTRACTOR for any claims• costs, losses or damages sustained by CONTRACTOR on or in co rtection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown orindicated• 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 an information and data furnished to OWNER or ENGINEER by the owritas 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 cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (n) 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 Shown or Indicated- If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, pra$tptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910.8 (1990 Edtim) wt CITY OF FORT COLLIN5 MODIFICATIONS (REV 4,12000) 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 10 be allowed an increase in the Contract Rice or an extension of the Contract Times, or both, to the ea -tent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did riot know of and could not reasonably have been ex 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 Tines, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OA ER, ENGINEER and ENGINEERS 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 Pointe: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Wort., shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER- CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. A.S. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5A. 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 t]ne site. OW NFR shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. :-{t}�teP ell in an am "ency OIMNER suoh .oh a fl _a am ..I .,w_. h.•., ,.L"..:.,_a tte, and delivered to that %wh Geaditiant net 811y-11ft' aren-isar�been spxsi€yingany speoial cond'hens 'under which such CON? RAGI to be FeStER t#perty tmay-atako-a Florin t#teraiar�s prevwded-in -VTW. t ,. , . .... . . L. .. e 3 ,. M• ot N EJCDC OENF(AL CONDITIOVS t91O-S II99O Eft4m) w! U TY OF FORT C OLLI N'S MODIFICATIONS (REV J 1QOO) ARTICLE S -BONDS AND INSURANCE Performance, Payment and Other Bondr. 5.1, CON'TRACTOR shall furnish Performance and Payment Bolds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise byy Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bolds 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 a Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff; Bureau of Government Financial Operations, U.S_ Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act- 5.2. If the surety on arty Bond famished 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 inswanoe policies for the limits and coverages so required Such surety and insurance companies shall also meet such additirml requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 9W4 -AaR C'OATR4C'TOR's Liability Insurance: 54 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 furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.42. claims for damages because of bodily injury, occupational sickness 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 # -slei is ter dam- insured-by-vustomary ink}' re}atedte t#tecvnP}eynient-of:uokt person -by ethe�reasom 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: 5.4.7with respect to ins u nice required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER. EINGLNEER, ENGLNEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EXDC OENEM COMITIONS 19105 (1990 E6tim) w/CITY OF FORT COLUM. MODIFICATIONS (REV 42000) 5.4.1 b. include contractual liability insurance covering CONTR.,kCTOR's indemnity obligations under paragraphs 6.12, 6.16 and 631 through 633; 5.4.11, contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 54.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR Wmor be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any Insurance coverage written on a claims -made basis, remain in effect for at lei two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 097VER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER at OWNER's option, may purchase and maintain at OWNER's expense OWNBR's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: �:Cr—k1n OWOOf sUbjest--te-sit SwF - - Ragitlatiens}. T#tis instaeneardtall: y r100 v %V!t. �,/r...1�ri•� �.�ir,• �\'ate001-0. Risk "all of leeA BM eqUipffierAslefedfitdV Silo t-etx�t�teF- Fhet �uas agtea -Ee tit r atng-by Fw9vided that suGh fnatemis have-�eer3 by E 4GU TER, arxi ex-eff;wt until final P"erA theme} �ay�'-uiitte»--aetlf e"ta acl` i%dee ed . tfit2s..v1"B — --.--�3C"fit—sted89 a _ ......_ .. .. ... ... ... Y V 5.9. OWNER shall not be responsible for purchasing and maintaining any property umzancc to protect the interests of CONTRACTOR Subcontractors or others In -ef any of _BP@Ftl!' -UMMANWO f1M1[4}4xpePm. O E1CDC GENERAL CONDITIONS 1910-8 (1990 &titian) wt Ci TY OF FORT COLLINS MODIFICATIONS (REV 412000) MA *044AM 1�`ISe�Y��137!�fi.Tfl`III� 7r�_ jR}YFl 3 3 N. •.. •t' 3 .. 9 :.�. • • . II • • C' •.. +r. a w . w .. a l%I Y Receipt andApplication oflnsuranceProceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any morn so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writingg within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers }rater bond for- the Acceptance of Bonds and Insurance; Option to Replace: 5,14, If OWNER has any objection to the coverage afforded by or other provisions of the $ends er insurance required to be purchased and maintained by the 11 pe CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents. the OWNER will IlQq CONTRAQJQR in writing within ten sett days after reeeipt deldeliv of the certificates (4-oitef-eAdeme retested) to QBJMLz required by paragaph 2.7. ethtar prev+lecf-es-tha-e*er- V Fan'to'�cxs•-not-pHre�sse-ea-msir�� erfF ef-�e- $ands-arrd +ruranca-t••egtt red e� suukr'- poky >yY-#ha--'£ ettFr asi writingof in of the OF Of SU6h er-rerreedy. 4he-etTre gsrty 3ney elm te�abte}rriv�k�t ttrpreEeeE tile --3— tPrieeaeeortltrigly: Partial Utitization-PropeMInsurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXM GE1ORAL CONDITION31910S (1990 E ttim) w/ CITY OF FORT COLUM MODiFICATTONS O(EV 4P_000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.I0, pruvided 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 RESPONSIMLITIES Supervision 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 Wctmtents- 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 Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and hNI GINFEIIR except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR - Labor, Materials and Equipment: 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 OWNERs written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGUEER no less than 48 hours in advance of arty Work to be performed on Saturday, Sunday, Holidays or outside the Regular Waking Hours. 6.4. unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transpcxtanon, construction equipment and machinery, tools, appliances, fuel. power, light, hest telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasir Restrictions. CONTRACTOR must commonly with the Citv's purchasing restrictions. A copy of the resolutions arc available for review in the offices... of the _Purchasing_. and Risk Management Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good rquality and new, except as otherwise provided in the ontmct Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph2.9) 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. 6.62. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12A. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a Particular Supplier, the specification or description is untended to establish the type, function and quality required. Unless the specification or description VCDC OENUkAL CONDITIONS 1910-8 (1990 EMon) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 4n_000) contains cc 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. "Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENG NEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance ofproposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the XVork 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. All 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 ENGWEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to famish additional data ehout the proposed substitute. 6.7.1.3. CONTRACTOR's Expanse: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods 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 famish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2 6.7.3. Engineer's Evuivation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2, ENGINEER will be the sole judge of acceptability. No "a -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop [hawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGI NEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 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 charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontractors, Suppliers and fhhers: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether Initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. ElCDC OENERe1L CONDITIONS 1910 4 (1990 E(itim) w/ CITY OF FORT ODLLINS MODIFICATIONS OtEV 412000) 62 CONTRACTOR shall perform not less than 20 percent of the Work with its own faces (that is, without subcontractina). The 20 percent requirement shall be understood to refer to the Wak the value of which totals not less than ^_• 0 Dercent of the Contract Price 6.8.2. $_ iddint 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-advenee- a€ the-s otf�ed dens prior to the Effective Date of the Agreement fa acceptance by OWNER and ENGINEER—arA-if accordance -with- tht- Supplementary Conditions, OWNERs or ENGINEER's acceptance (either in writing a by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any SupplieF err- ogw-person-er be basis of nwscr>able objection after due investigation xeeeptalxle ti""-the (?caitrac t Erie -will be suety subs£i&tEior� end-runt-eppregrieta EitaAge 8rder constitute a condition of the Contract regniring the use of the named subcontractors suppliers or other persons or organization on the Work unless prior written approval is obtamd 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. 69.1. CONTRACTOR shall be fully responsNe to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationslup between OWNER. or ENGINEER and any such Subcontractor, Supplier or other person or organization, no shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts. paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 Concrete Pavement Association (ACPA). Based on the Larimer County standards, full depth asphalt pavement sections are generally not used within the City of Fort Collins limits. The calculated minimum required composite pavement section was less than the Larimer County default composite pavement section for four lane arterial roadways, shown in the following table. Software printouts are in the Appendix. Pavement Section New Pavement — Composite Section Alternative Section Minimum Thickness of New HMAP (inches) 6'/z Thickness of New Class 6 ABC (inches 15 12 The pavement cores drilled near the Drake and Shields intersection encountered a composite pavement section consisting of approximately 11'/4 inches to 12 inches of asphalt on a layer of aggregate base course. A functional overlay (mill at least 2 inches of the existing asphalt and replace with new asphalt), may be considered for the transitional zone between the new pavements and the existing pavements. Functional overlays provide temporary ride quality improvements with minimal extension of the design life. Hot Mix Asphalt Pavement (HMAP): HMAP should consist of a bituminous plant mix composed of a mixture of aggregate and bituminous material that meets the requirements of a job -mix formula established by a qualified engineer in accordance with the Larimer County standards. The following mix types are suggested for asphalt pavements: Top Layer (2 inches thick) ....................... Grading S (75) PG64-28 Lower Layers >2 inches below surface.... Grading S (75) PG58-28 Aggregate Base Course (ABC): ABC material should meet CDOT specifications for Class 5 or Class 6 aggregate base course and have a minimum R-value of 72. The material should be placed and compacted in accordance with the standard specifications. The aggregate base course for the new pavement should be continuous with the old aggregate base course to facilitate drainage and help prevent the accumulation of water beneath the pavement. Subgrade Preparation: Old pavement, debris, and any otherwise unsuitable materials should be removed from the pavement subgrade and replaced with soils meeting the minimum strength requirements. Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 9 of 11 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 peens and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an a nate agreement between CONTRACTOR and the S�rtractor 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 E GMER. Whenever -arty such agreement mcI1Eiesarl-irnsured orr -pro ided-in F;E3�r"TR�C-�'�-�trttl-the-SaEweRtrec�tar-or-Suppliar-will all oth arising et+t ef-0r resulting from err c3€the perilgeaveredd key Xk.eri any-such-pelieies -rquire Patent Fees and Rnpaltles: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all coats 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 m the Contract Documents. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Ikxuments EJCDC 0ENEFAL CONDITIOM 19104 (1990 Ecttion) 14 ore! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2_000) Permits; 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all goverinettal 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, of the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and 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 ar resulting therefrom; however, it shall not be CONTR.ACTOR'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 obligatiorts under paragraph 3.3.2. Tares: 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 taus on materials to be permanently incorporattd into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Deaartment of Revenue State Capital Aitmx 1375 Sherman Street Denver. Coloado• 80261 Sales and Use Taxes fog the State of Colorado, Regional Transportation District (R.TD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All amlicable Sales and Use Taxes (including State collected taxes} on any items other than construction and building materials physically incorporated into the a ect_are__to_be_�m dot CONTRACTOR and are to included m amooriate bid items. Use ofrr'remiser 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, right f-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should arty claim be made by any such owner or oecueant because of the performance of the Work, CONTRACTOR shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest Latent permitted by Laws and Regulations indemnify and hold harmless OWNER, ENGINEER ENGINEERs Consultant and anyone directly or indirectly employed by anv 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. ENGIIdEER or any other party indemnified hereunder to the dent caused by or based upon CONTRACTOR's performance of the Work. 6,17, During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work 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 env structure to be loaded in any mariner 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 Documeno.- EJCDC GENERAL CONDITIONS 1910.8 (1990 Edtim) wf CITY OF FORT COLLINS MODIFICATIONS %FV 412000) 6A9. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER. for reference Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to E14GLNEER for OWNER. Safety and Protertion: 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 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underfound Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other parson or organization directly or indirectly employed by any of them to perform or furnish any of the Wok 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 ENGINEERs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTORS duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINTEER has zzued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (e-tcept as otherwise expressly provided in connection with Substantial Cornpletum). ri.21. Safe); Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23, In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample subtittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified is 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 626. 6.242. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited VCDC GEidRAL CON•DIT1OM 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLIINS MODIFICATIONS (REV 4R000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. .Submidal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 625.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to untended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition_ shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEE.R's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, oonform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINNEER 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 625.1. 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 ENGINEER's review and approval of the pertinent submittal will be 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. 630. CONTRACTOR's General Warranty and Guarantee; 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defectme. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance a operation by persons other than CONTRACTOR, Subcontractor or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Nate of the following will constitute an acceptance of Work that is not in VCDCOENERAL CONDITIONS 1910.8 (1990 Edotim) w/ aTY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Canpletion 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 othcrs; or 6,30.2.8. any correction of ciefectiue Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEERS Consultants and the officers, directors, employet.— 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 Wale, out that any such claim, cast, lass or damage. (i) is attributable to bodily injury, sickness, disease or death, or to injury to cr 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 orgatuzaticn directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGDsTEER 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, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or ether person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and �TGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sun>ival 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--OTHER WORK Related Work at Site.: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 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. CONI'RACfOR shall afford each other contractor who is a party to such a direct ccxntract and each utility owner (and OWNER, if OWNER is performing the additional work with OANER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and retching 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 cuttirng, 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 comparable EJCDC GENERAL CONDITIONS 1910.8 (1990 EdMon) is w/ CITY OF FORT COLLINS MODIFICATIONS (KEV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractom 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends uppon 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 fit and proper for integration with CONTRACTORs Work except for latent or nonapparent defects and deficiencies in such other work. Coordnation: 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: T4.1. the person, firm or corpornticn 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 itemiztd; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8-OWNER's RESpONs1Bn. ms 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGrTEER. 8.2. In case of termination of the emploMent of �iGINEER, OWNER shall appoint an engineer against whom e no� whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering sutrve to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR 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. and pi:e. t1�ng1ts:1$: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10A. 81. OWNER's responsibility in respect of certain inVoctions, tests and approvals is set forth in paragraph 13.4. 88 In connection with OWNER's right to stop Work or suspend Work, see pa hs 13.10 and 15.1. Paragraph 15.2 deals with OR's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the 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. 8.10, MINERS responsibility in respect of .— Wiesed Radieeetive 3.4nterialr urteavered er-revealed et-th�site is set faFth in PaFagrarlh n 5, ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWYER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER. and ENGLNEER. Gaits to Site: 9.2. ENGINEER will make visits to the site at intervals apppp ate to the various stages of construction as fiNGrcdeems necessary in order to observe as an experienced and qualified design professional the progress EXDC GENMALL CONDITIONS 1910-8 (1990 Edtim) W/CITY OF FORT COLLIM MODIFICATIONS MEV 0/2000) 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. F.17GTNF.F.R will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make e.;hraustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGI1v'EER's visits and on -site observations are subject to all the limitations on ENGINEERSs authority and responsibility set forth in paragraph 9.13, and pamcularlyy, but without limitation, during or as a result of ENGINEERSs on -site visits or observations of CONTRACTOR's 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 Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3, If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in 669 Supplemenki Eenditierns of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER' Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in pa ph_23 of these General Conditions. If the ENGINEER. furnishes a Resident Project Renreserntative a= or other assistants, or if the OWNER designates a Representative or agent, alll as provided in txarax-Ach 9.3 of the General Conditions, these Representatives shall have the author and limitations as provided in paragraph 9.13 of the General Conditions and shall be subject to the following: 9.3.1. The Representative's dealinws in matters pertaining to the on�ite wort: will in getncral be with the ENGINEER and CONTRACTOR But. the RRe presentative will keep the OWNER vronerly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledee and approval of the CONTRACTOR 9.3.2. Duties and Ressibilities. RepMentative will 9.3.2.1. Schedules - Review the progress M schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences, progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 93.23. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR waking prune' llX though CONTRACTOR'S superintendent to assist the CONTRACTOR in undastand= the Contract Do=uents. 9.3.2.3.2. Assist in obtainin from OWNER additional details err information where required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of My Work requiring a Shop Drawing or maple submission if the submission has not been approved by the ENGINEER 9.3.2.4,Review of Work. &section of Defective Work, Irgicctions and Tests - 9.324.1. Conduct on -site observations of the Work in GrQM to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documerft 9.3.2.4.3. Accompany visiting inspectors representing public or other aeencies havipg iurisdiction over the Project, record the results of these hnrspcctions and report to the ENGRqEER- 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the i�fHt�laa 7 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC OENEKAL CONDITIONS 1910-8 (1990 Ectitiui) 20 Wl CITY OF FORT OOLL1 ra MODIFICAnONS (REV 42000) modification in Dmwines or Specifications and report these recommendations to ENGINEER, transmit to CONTRACTOR Accurately nssh by the ENGINEER. 9.3.2.7. Records. 9.3.2.8.1. Furnish ENGINEER periodic reports as required of the progress of the Work and of the CONTRACTORS ccmngkwm with the p1ggress schedule and schedule of shag Drawing and w- ple llittals, 9.3.2.8.2. CcrAmh with ENGINEER in advance of scheduling major test, inspections or start of important Phases of the Work 93.2.8.3. Draft proposed Change Orders and Work Directive Changm obtaining backup malarial from the CONTRACTOR and UmAdm sd to ENGINEER Change Orders. Work Directive Changes and field ceders. 93.2.8A. Report immediately to ENGBIM and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for paym«t with CONTRACTOR fcr compliance with the established proced►ue for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the M Tnent requested to the schedule of value WO con leted and materials and ui ent Etaat the site but not ir�carpcxated m the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items wing correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority The Representative shall mat:_ 9.3.3.1 _ Authorize any deviations from the Contract Documents or accent any substitute lmatedals or equipment unless LutbpdZ&d& Abg ENGINEER 9.3.3.1 Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9,3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors, or �QAiTRACTOR1 sun rintendent 9.3 3A. Advise on or issue dir!Ntim relative to, or assume control over any aspect of the means, methods, techniques, sequences or pry ryes for caru[uciron unless suclt is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions reea. rd= or assume control osier safety precautions and programs in connections with the Wo& 9.3.3.6. Accept Shop Drawings 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. Participate in specialized field or laboratory tests or inspection, conducted by others exec t as specificalh, authorized by the ENGINEER - < xifucations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E1CDC GENERAL CONDITIONS 1910-8 (1990 E6dat) w` C ITY OF FORT MLLINS MODIFICATIONS (REV V2000) 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 usable to agree to the amount or extent thereof; if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in ;'pork: 9.5. ENGINEER may authori7c minor variations in the Work from the requirements of the Contract Documents which do not involve an 26ustmem in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or e..,dent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defeda a 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: 93. In connection with ENGINEERs authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER' authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER. will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, urdess 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 ENGINEEks 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 bern entered into, a formal proceeding is instituted by the appealing patty in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Sulu appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes.- 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Wait or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I 1 and 12 in respect of dtanges in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to LNGRdEER 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 patty within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph ENGEgMR'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 EXHIBIT GC -A, "Dispute Resolution Agreem ent", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGE,4EER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party, may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EJCDCGENFItAL CONDIT1ONs 1910-8 (1990 Efton) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs 9. I0 and 9.11, ENGINEER will riot show partiality to OWNER or CONTRACTOR and will not be liable in cc=cticn with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuantto-Artiek 16. 9.13. Limitations on EVGIAM's Authority and Responsibilities. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by l v'GE-TEER to CONTR4CTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for arty failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents, 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Apphcation for Payment and accompanying documentation and all maintenance and operating instructiorn, 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 ENG lNEIRs Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN T14E **VORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNTA 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 proniftly proceed with the Work involved which will, be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OINNER, and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3,5 and 3.6, except in the case of an emergency as provided in paragraph 6,23 or in the am of uncovering Work as provided in paragraph 13.91. 10.4. OWNER and CONTRACTOR shall excuuto appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10A.L changes in the Work which are (i) ordered by OWNER pursuant to paragraph i0.1. (ii) required because of acceptance of dkftcfive Work under paragraph 13.13 or correcting defechiv Work under paragraph, 13.14, or (Q agreed to by the parties. 10.4,2. changes in the Contract Price or Contract Times which are agreed to by the parties, and 10,43. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENG]NEER pursuard to paragraph 9,1 t, 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 avocal. CONTRACTOR shall carry on the Work and acre, to the progress schedule as provided in paragraph 6.29. 10.5. If notice of airy change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC MeM COMITIONS 1910-8 (1990 EdU011) WfaTY OF FORT 0DILLIM MODIFICATIONS (" 4nOM) (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 giving of any such notice will be CON'TRACTOR's responsibility, and the amount of each applicable Bend will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities and obligations as V to or undertaken byCONTRACTOR sha beatCQ RACTORsexpense without change in the Contract Price, 11,1 The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than " days) after the start of the occurrence or event giving rise to the claim and staring the general nature of the claim, Notice of the amount of the claim with suppm-Ung 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 w 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 ENGLNEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.1 113. The value of any Work covered by a Change Order or of any clam for an adjustment in the Contract Price will be determined as follows: 11,11. 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 Prior to placing new fill, the base of the excavation should be uniformly scarified to a minimum depth of 12 inches, moisture conditioned to within 2% of optimum moisture content, and compacted to at least 95% of the maximum standard Proctor dry density. New fill needed for support of pavements should be granular, non -expansive, and have a minimum R-value of 15. Fill should be placed and compacted in accordance with the Larimer County standards. Proof -Roll: Prior to paving, the subgrade should be uniformly scarified to a depth of 8 inches, moisture conditioned and compacted in accordance with the Larimer County standards, and proof -rolled in accordance with CDOT standard specification 203.09. Areas that deform (rut or deflect) excessively under the wheel loads should be stabilized. Proof rolled areas should be paved within 48 hours unless affected by precipitation, construction traffic, or otherwise disturbed, which will require that a stable subgrade be re- established and again proof rolled. The contractor should anticipate subgrade conditions that vary from optimum moisture, and that the addition of water or drying of the subgrade soils to achieve proper moisture conditions may be needed. Areas with relatively high water contents that yield excessively during proof rolling may require over -excavation and replacement with dryer materials. The use of lime, fly ash, cement, or geo-grids may also be considered as stabilization techniques for yielding subgrades. Drainage, Frost Potential, and Utilities: The collection and diversion of surface drainage away from paved areas is extremely important to the satisfactory performance of the pavement. The design of surface drainage should be carefully considered to remove all water from paved areas. Groundwater is expected to be sufficiently deep that a subsurface pavement drain should not be needed. The predominant soil types encountered generally consisted of clayey sand and have low to moderate frost susceptibility. Frost heave potential can be reduced through proper surface drainage and construction control. Maintenance: Periodic maintenance of paved areas will extend pavement life. Crack sealing should be performed on a frequent basis as new cracks appear. Chip seals, fog seals, or slurry seals applied at approximate 3 year to 5 year intervals will help reduce oxidative embrittlement problems associated with asphalt pavements. As conditions warrant, it may be necessary to perform full depth patching, milling, and overlays at approximate 10 year intervals or more frequently. Drake and Shields Intersection Improvements - Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 10 of 11 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); 11.3.1 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 CONTRACTOR's fee for overhead and profit (determined asprovided in paragraph 11.6). Cost of the Work- 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11,4.1. Payroll caws for employees in the direct employ of CC7�TTR.ACTOR in the performance of the Work under schedules of jab classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents foremen and other personnel employed full-time at the site. payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall insltndet: be limited toe salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compemliom health wt&tefirernerA benefits, 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' field services required 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, and CONTRACTOR shall make pmvisionns 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 EJCDCOENEAAL CONDITIOM 19104 (1990 E&Uoa) wt CITY OF FORT COLLINS MODIF1CAMNS ¢tEV 4n000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to 01KNE..R who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR`s Cost of the Work and fee as provided in paragraphsll_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 testin laboratories, surveyors, attorneys and accrxrntan�� employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 1IA5.1. The proportion of necessary. transportation, travel and subsistence expenses of CON7RACTORs employees incurred in discharge of duties connected with the Work. 11.4.5 2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owed by the workers, which are consumed to the performance of the Arork, 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 ENGINEE& and the costs of transportation loadirnt unloading, installation, dismantlirg and removal tlweof--ail in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work, 11.4.5.4, Sales, consumer, use or similar taxes related to the World, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, arry Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of than may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Lases and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of pro y insurance established by OW ER in accordance with paragraph 5.% provided they have resulted from causes other than the neoigence 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 losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cast of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minos expenses such as telegrams, long distance telephoto calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9, Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5, The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's 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 imluded in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-411 of which are to be considered administrative costs covered by the CONTRACTOR's fee 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR'. 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 It .4.5.9 above). EICDC GENERAL CONDITIONS I910.8 (1990 Mai) tv/(dTY OF FORT COLLINS MODIFICATIONS (REV 412000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of if= or for whose ads any of them may be liable, including but not Iimited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 A 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 be fifteen percent; 11.6.2.2, for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11 A 1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 114.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of to be negotiated i 6"Z faith with the OR NER but not to exceed Eve percent of the amount paid to the next lower liar Su cox. 11.6.2.4. no fee shall be poyable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5, 11.6.25 the amount of credit to be allowed by CONTRACTOR to OWNI ER. for airy change which results in a net decrease in cost will beInc 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 an one change, the adjustment in C.ONTRACTOR'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 FNGTNEF_R an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's cats for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Emit Price Work. 11.9,1. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Limit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9:2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNfiR or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; VCDC CIENFIUL CONDIT10 151910-8 (1990 E(lition) 26 w/ CITY OF FORT COLLIN5 MODIFICATIONS (REy 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work ; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the laid or cha a cuaribbes at OWNERS sole discretion without a ecting the Contract Price of anv remaining item so tong as the deletion or addition does not excecd twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party, and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within si,q days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. AN time limits stated in the Contract Documents are of the essence of the Agreement. 12.3, Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by 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 124_ Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting fi-an (ir) delays caused by or within the control of the CONTRACTOR, or (Ii) delays beyond the control of both parties including, but not limited to, foes, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Norice ofDefeerx Prompt notice of all &fective Work of which OWNTR or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER HNGINEER's C'onstiitants, other representatives and persormel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reaserable—tirttes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENI GINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except_ 13.4.1for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.1 that costs incurred in cormection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9, and 13.4.3 as otherwise specifically provided in the Contract Documentt-, 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and fumish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13-6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must if requested by 0-40 M be uncovered for observation. 133. Uncoveru' V Work as provided in paragraph 13.6 shall be at CONfRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers 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 Wort: in question furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, lasses and damages caused by, arising out of or resulting from such 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 thereof, may make a claim therefor as provided in Article 11. lit however, such Work is not found to be defective, CONTRACTOR shall be a] lowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such EJCDC ( MgTAL COMIIIONS 19I0-8 (1990 E(Jitim) 27 wf CITY OF FORT MLLINS MODIFICATIONS (REV V2000) uncovering, exposure• observation, inspection testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or e..,dcnt thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and I? OWNER May Stop the Work: 13.10. If the Work is defecffivv, 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 stopp the Work shall not give rise to any duty on the part of OWI to exeroise this right for the benefit of CONTRACTOR or any surety or other party'. Correction or RemmW of Defective Work.• 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within oneY two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the tents 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 irsstructions: (i) correct such defective Wort:, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that L% 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 ckfective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused b).• or resulting from m such removal and replaoecrtt [_including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (and damage to other EJCDC OM*Y.A,L CONDITIONS 1910-8 (1990 Edition) 28 wt CI TY OF FORT COLLINS MOD1FICATiONS (REV 8/2000) 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 eye two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER. (and, prior to ENGI EER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claurm costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER !►tat• Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replaoe rejected Work as required by M" ,GINEER 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 COIN'TRACTORs services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER. and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary- revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Wok attributable to the exercise by OWNER of OWNERs rights and remedies hereunder. ARTICLE 14--PAYNlF:NTS TO CONTRACTOR AND COMPLETION Schedule of t aGies- 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment, 14.2_ At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application fir 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 an 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 We. invoice cc 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 OWNBR's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any f aids that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or arty arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-141. et sea CONTRACTOR's Warranty of Tide. 14.3. CONTRACTOR wan -ants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens, Review of Applicationsfor Progress Payment 14.4. ENGINEER wilL within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC G3ENULAL CONDITIONS 1910.8 (1990 Edtim) w/ a Y OF FORT COLLINS MODiFICATIONS (REV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reams for refusing to recommend payment. in the latter case, CONTRACTOR may make the necessary corrections and resubmit the ,'lpplication. Ten days after presentation of the Application for Payment to OWNER with ENGINTEER'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 OIANIER to CONTRACTOR. 14,5, ENGINEERs recommendation of any papnent requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief. 14.5.1. the Work has progressed to the point indicated, 14.5.2, the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications to Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.1 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Wok. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or coantirnious on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINE.ERs recommendation of any payment, including Final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, teclmiyues, sequences or procedures of comtiuction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7, ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER'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 ENGiNEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7 3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGL14UR 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 CONTRACfOR'sperformance 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 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such scrim and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNEWs satisfaction the reasons for such action Substantial Completion: 14.8. Amen CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in wr.ti. 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 OENFRAL CONTIT10N51910-8 (1990 Edtim) 30 w/ CITY OF FOKT OOLLtN'S MODIFICATIONS (REV 4200W considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall he 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. It; after oonsidcn n� such objections, ENGLNTEER concludes that the Work is not substantially complete, ENGENTEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. I& after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflectingsuch 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 securih,, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGI.NEFR's issuing the definitive certificate of Substantial Completio ni 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 Ufiliza ion: 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 14.10.1.OWN'ER 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 pan of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER m writing that CONTRACTOR considers any such part of the Work ready for its intended use and suhstantially complete and request ENOMYR to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, NI GTNEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGLti'EER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final 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 &fective. CONTRACTOR 4mU immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Application for Payment: 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions. schedules, guarantees. Bonds, certificates or other evidence of insumoe required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously defivered) 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, (n) conserit of the surety, if any, to fatal payment, and (uh) 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 OWNERSs property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails VMC GES ORAL CONDITIONS 191" (1990 Edition) wf CITY OF FORT 0OLLINS MCN-IFICATtONS (REV 412000) to famish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to irdemnify OWNER against any Lien_ Releases or waivers of hens and the oonsent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment andAcceptanee: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in wntmg ENGINEER's recommendation of payment and prat the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisicuts of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR mdicatin13 in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the neca--isary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to paagraoh 17.6.2 of these QMfra_i_.Cond144M. 14,14. If through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER. shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully e<anpleted and acc:cpted. 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 ENGIIN'EER 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 Uaimx 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 f m unsettled Liens, from defective Work appearing after 31 fiscal inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of anyy special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15 1 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF CORK AND TERI*kUNATION 0WA R May Suspend Work: 15.L At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OW ;E'ER bfay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.L if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15 2.3, if CONTRACTOR disregards the authority of ENGINEER; or 15,2.4, if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice 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 (1990 Edition) 32 w/ (7TY OF FORT COLLINS MODIFICATIONS (REV V2000) CONTRACTOR but which are stored elsewhere, and finish the Wort: as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contmet Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, casts, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shag 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 an}- rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGDOMR, OWNER may, without cause and without prejudice to any other right or remedy of OWNTER, elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4?. for expenses sustained prior to the effective date of termination in performing services and furmshing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR llfay Stop Work or Terminate: 15.5. 4 throughno actor fault of CONTRACTOR, the Work is suspen d for a period of more than ninety days by OWNER or under an order of avert or other public authority, or 1 GIN[M fails to act on any Application for Payment within thirty days after it is submitted or OWNER fads for thirty days to lay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same tams as provided in paragraph 15A4 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 Wort: until payment of all such amounts due CONTRACTOR. including interest thereon The provisions of this Para ph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 said 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Wort: as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLLYTION If and to the cdcrit that 01-vNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC-,A, Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday - by the law of the applicable jurisdiction, such day will be omitted from the computation. EKDCOff. IR L CONDITIONS 19108 (1990 EJitim) wICITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day Notice of Gkim: 17.3. Should OWNER or CONTRACTOR stiffer injury or damage to person or property because of any error, mission or act of the other party or of any of the other party's employees cc agents or others for whose acts the other party is legally liable, claim will be made in writing to the other parry within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not he construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.CumuAWve Remedies I7A, The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12, 6.16, 6.30, 6.31, 6.32, 111, 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 impaled 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, Projesuonal 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. 17 6. The laws of the Srate of Coln�do apply to this Affeement Reference to two pertinent Colorado statutes are as follows; 17.6.2, If a claim is filed OWNER is required by law (GR 3 35-26-107) to withhold from all pavmcnts tD 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 9.0 LIMITATIONS This report has been prepared in accordance with generally accepted geotechnical engineering practices used in this area, and has been prepared for design purposes. The conclusions and recommendations are based upon the data obtained from the pavement cores and boring drilled at the approximate locations shown on Figure 1, and on our understanding of the proposed construction. The nature and extent of the subgrade variations may not become evident until excavation is performed. If during construction, soil, bedrock, or groundwater conditions appear to be different from those described, this office should be advised so that re-evaluation of our recommendations may be made. On -site observation and testing of construction materials is recommended. Our professional services were performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical engineers practicing in this locality at the time this report was prepared. No warranty expressed or implied is made. We prepared the report as an aid in the design of the proposed project. This report is not a bidding document. Any contractor reviewing this report must draw his or her own conclusions regarding site conditions and specific construction techniques to be used on this project. This report is for the exclusive purpose of providing geotechnical engineering information and recommendations. The scope of services for this project does not include environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. Geocal should conduct a general review of the final plans and specifications to evaluate that our recommendations have been properly interpreted and implemented during design. In the event Geocal is not retained to perform this recommended review, we assume no responsibility for misinterpretation of our recommendations. Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 11 of 11 EJCDCOENTRAL CONDMONB I9I0.8 (1990 Est on) 34 q J ClTy OF FORT COLLINS MODIFICATIONS (REV 411000) (This page left blank intentionally.) E)MC GENERAL CONDITIONS 1910.8 (1990 Edtim) 35 W CITY OF FORT COLLIM MODIFICATIONS (REV 42000) VCDC OENBRAL CONDMO`G 1910-8 (1990 Eon) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RMLUTION AGPXMIENT 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: 161. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration to 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 }raving jurisdiction 162. No demand for arbitration of any claim, dispute or other matter that is required to be referred to bNUINEER initially for decision in accordance with paragraph 9,11 will be made until the earlic-r of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11. and the failure to demand arbitration within said thirty days period will result in ENGII3EER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of arty written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16-2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC MOLAG CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODTFiCATIONS (REV %99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of arty dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent, 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the 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 thereon 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 sunder 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 geed OC-AI EJCDC OENI UL CONDITIONS 191M (1990E(htim) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9294) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: BBA Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1 Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-12.3 Add the following language to the end of paragraph 12.3 of the General Conditions: The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. SC-13.12 Correction Period Delete the complete paragraph SC-14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; SC-17.6.1 Delete the complete paragraph SC-DB Davis Bacon Wage Rates A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. SC -FED Federal Terms & Conditions A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. N 1107 w oRw1c9 RD. I I KIM6INVE?PMEMMBIC ti ° I III REC. NO.20120082004 E E E G' r s c T i { 81Y/EL,D83TRL'ET 10 - CORE PC-1 11,7— _ - __..�:�: - ..�G. a «.•�... n_ .� . - I ! I i 1030 DAVIDSON DR L I I In I I Tww OwLi LLLP o III I — - � ) I i Ji 4jjl � • i ralcr �•IKO I . ! I I 1 VVNI LLc BRAIN PAD. U c W% MMM T1MSlRUNI; 6AN rR0 YU9TM$MT9, MMM RAINTRQ PAD.LNC WM REC. N0. 201 i L= LC S IN0% I R11C.N0.20120012903 REC. N0. 201200129W ! Uftl& 40AOC f WR AtAfOr Oa *{� Nnwnorc cauMeAou rua ----- --- l„ wuvr , I — -F -- _ w f—_ ----- -- - "' BORING P-1 _ CORE PC-2 - -- ,z+oo 91 m o so APPROXIMATE SCALE (ft) DRAKE AND SHIELDS INTERSECTION IMPROVEMENTS G14.1565.000 GEOCAL,INC. LOCATIONS OF EXPLORATORY BORINGS AND PAVEMENT CORES FIGURE 1 DAVIS BACON WAGE RATES General Decision Number: CO160024 01/08/2016 CO24 Superseded General Decision Number: CO20150024 State: Colorado Construction Type: Highway Counties: Larimer, Mesa and Weld Counties in Colorado. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 Publication Date 01/08/2016 * ENG10009-012 10/23/2013 Rates POWER EQUIPMENT OPERATOR: (3)- Drill Rig Caisson (smaller than Watson 2500 andsimilar).......................................................................... $ 24.73 (4)-Oiler Weld County........................................................................ $ 24.88 (5)-Drill Rig Caisson (Watson 2500 similar or larger) .......... $ 25.04 ----------------------------------------------------------------------------------------- SUCO2011-009 09/15/2011 Rates CARPENTER Excludes Form Work ................................... Form Work Only Larimer, Mesa ............................................. Weld............................................................ CEMENT MASON/CONCRETE FINISHER Larimer.....................$ 16.05....................... Mesa........................................................... Weld............................................................ ELECTRICIAN Excludes Traffic Signalization Weld...................................... Traffic Signaliztion Weld...................................... ..................... $ 20.72 ..................... $ 18.79 ..................... $ 16.54 ..................... 3.00 ..................... $ 17.53 ..................... $ 17.48 ...... $ 33.45 ...... $ 25.84 Fringes 41IN I 9.15 9.15 Fringes 5.34 3.67 3.90 3.00 3.00 11501:3 ... 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 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags) (Excludes Flaggers) Larimer, Weld....................................................................... $ 12.43 3.22 PAINTER (Spray Only) ........................................................ $ 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown Larimer................................................................................. $ 26.75 5.39 Mesa,Weld........................................................................... $ 23.93 7.72 Asphalt Paver....................................................................... $ 21.50 3.50 Asphalt Roller Larimer................................................................................. $ 23.57 3.50 Mesa.................................................................................... $ 24.25 3.50 Weld..................................................................................... $ 27.23 3.50 Asphalt Spreader Larimer................................................................................. $ 25.88 6.80 Mesa, Weld.......................................................................... $ 23.66 7.36 3.05 Backhoe/Trackhoe Larimer................................................................................. $ 21.46 4.85 Mesa.................................................................................... $ 19.81 6.34 Weld..................................................................................... $ 20.98 6.33 Bobcat/Skid Loader Larimer................................................................................. $ 17.13 4.46 Mesa, Weld.......................................................................... $ 15.37 4.28 Boom.................................................................................... $ 22.67 8.72 Broom/Sweeper Larimer................................................................................. $ 23.55 6.20 Mesa.................................................................................... $ 23.38 6.58 Weld..................................................................................... $ 23.23 6.89 Bulldozer Larimer, Weld....................................................................... $ 22.05 6.23 Mesa.................................................................................... $ 22.67 8.72 Crane................................................................................... $ 26.75 6.16 Drill Larimer, Weld....................................................................... $ 31.39 0.00 Mesa.................................................................................... $ 35.06 0.00 Forklift.................................................................................. $ 15.91 4.68 Grader/Blade Larimer................................................................................. $ 24.82 5.75 Mesa.................................................................................... $ 23.42 9.22 Weld..................................................................................... $ 24.53 6.15 Guardrail/Post Driver........................................................... $ 16.07 4.41 Loader (Front End) Larimer................................................................................. $ 20.45 3.50 Mesa.................................................................................... $ 22.44 9.22 Weld..................................................................................... $ 23.92 6.67 Mechanic Larimer................................................................................. $ 27.68 4.57 Mesa.................................................................................... $ 25.50 5.38 Weld..................................................................................... $ 24.67 5.68 Oiler Larimer................................................................................. $ 24.16 8.35 Mesa.................................................................................... $ 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) Mesa, Weld.......................................................................... $ 21.33 6.99 Roller/Compactor (Dirt and Grade Compaction Larimer................................................................................. $ 23.67 8.22 Rotomill Larimer................................................................................. $ 18.59 4.41 Weld..................................................................................... $ 16.22 4.41 Scraper Larimer................................................................................. $ 21.33 3.50 Mesa.................................................................................... $ 24.06 4.13 Weld..................................................................................... $ 30.14 1.40 Screed Larimer................................................................................. $ 27.20 5.52 Mesa.................................................................................... $ 27.24 5.04 Weld..................................................................................... $ 27.95 3.50 Tractor.................................................................................. $ 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman Larimier................................................................................ $ 11.44 2.84 Mesa.................................................................................... $ 16.00 5.85 Weld..................................................................................... $ 16.93 3.58 TRUCK DRIVER Distributor Larimer................................................................................. $ 19.28 4.89 Mesa.................................................................................... $ 19.17 4.84 Weld..................................................................................... $ 20.61 5.27 Dump Truck Larimer................................................................................. $ 18.86 3.50 Mesa.................................................................................... $ 15.27 4.28 Weld..................................................................................... $ 15.27 5.27 Lowboy Truck Larimer................................................................................. $ 18.96 5.30 Mesa,Weld........................................................................... $ 18.84 5.17 Mechanic.............................................................................. $ 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck Larimer, Mesa...................................................................... $ 16.65 5.46 Weld..................................................................................... $ 16.87 5.56 Pickup and Pilot Car............................................................ $ 13.93 3.68 Semi/Trailer Truck................................................................ $ 18.39 4.13 Truck Mounted Attenuator................................................... $ 12.43 3.22 Water Truck Larimer................................................................................. $ 19.14 4.99 Mesa.................................................................................... $ 15.96 5.27 Weld..................................................................................... $ 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination x 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 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General ll. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex. national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex. national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on orm FH101A-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 111. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements ti other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section, also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or GEOCAL 7290 South Fraser Street BORING NUMBER P-1 Centennial CO 80112 FIGURE 2 Telephone: (303)337-0338 GEOSCIENCES & ENGINEERING Fax: (303)337-0247 CLIENT Interwest Consulting Group PROJECT NAME Drake and Shields Intersection Improvements PROJECT NUMBER G14.1565.000 PROJECT LOCATION City of Fort Collins Colorado DATE STARTED 1/15/15 COMPLETED 1/15/15 GROUND ELEVATION NORTH DRILLING CONTRACTOR Elite Drilling Services GROUND WATER LEVELS: EAST DRILLING METHOD SSA HOLE SIZE 6" inches AT TIME OF DRILLING --- Not Encountered LOGGED BY Dustin Elsbernd CHECKED BY Steve Bruer AT END OF DRILLING -- NOTES AFTER DRILLING --- a ATTERBERG t- a 0- ~ W o LIMITS w Z h a F� w =CD D O MATERIAL DESCRIPTION J wp > 0 �~D O Q ox z z o j� � W I F- F} C) X 0 ci° 5 ui �� O d 0- m0> Uz zw � OZ �� U) JJ F 0 �v *a Q W �� D' �O �J QZ W 33 0 FL ASPHALT PAVEMENT, 6Yz inches thick AGGREGATE BASE COURSE, 9'% inches thick, poorly graded sand with silt and gravel, moist, dark brown MC 100 6-7 39 19 20 45.9 FILL, CLAYEY SAND, loose to very loose, low to medium plasticity, moist, light to dark brown, fine to coarse sand Bulk sample collected from 1.0 feet to 5.0 feet from auger cuttings. Bulk sample test results: Liquid Limit = 37 Plastic Limit = 17 Plasticity Index = 20 Percent passing No. 200 sieve = 47 R-value at 300 psi exudation pressure = 18 Bottom of boring at 10.0 feet. N N MC 1 100 1 3-3 1 MC 1 100 1 1-2 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation, or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://mvi epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals- (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (n_ttps./-vrrvw.epis.govr), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the m department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on -site work. ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 FEDERAL TERMS & CONDITIONS NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract 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)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 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)l, 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 Cl) w C� LL r 1L ♦ V Z 22 O W Co Z w 2 w Co 00� a0 �U Z Z Ow Uw w i U) Q T w LL 1— 0 N Z= �.♦ V oa J Q Ii w_ = 0 CD CO � Z 00 Q w Y � MO W � r ■ � z V^ C L Ua ♦♦^^ V O (D Z MO W C) O LO LO h ♦ n 44 C� 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 thru2 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 ($100,000) Contractor b. Contracts above $100,000/Capital Projects Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) FEDERAL CHANGES (49 CFR Part 18) Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/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) Aqe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1 E) Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/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. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1 E) Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. BUY AMERICA REQUIREMENTS (49 U.S.C. 53230) 49 CFR Part 661) Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Mandatory Clause/Language The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323Q)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S. C. 5323Q)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date _ Signature Company Name Title BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1 E) Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. /`F�ort of ` �Puchasing I_11117:111411 9111►'i 4 91m] SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8309: Drake & Shields Intersection Improvements OPENING DATE: 3:00 PM (Our Clock) May 20, 2016 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221 6707 fcgov com/purchasing 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 — Geotechnical Report Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. SWELL -COMPRESSION TEST z O - Expansion under constant pressure due to wetting 0 _ __ z s S O U 1 3 z u z 1000 10000 100000 LOAD (PSF) Sample Location Boring �+ G EOCAL, INC. Drake & Shields Intersection Improvements JOB NO. G14.1565.000 SWELL - COMPRESSION TEST RESULTS FIGURE NO. 4 1 Sample Depth l foot Sample Description Clayey sand, fill USCS Classification SC AASHTO Classification A-6(5) D Density 110 cf Moisture Content 17.6 Volume Change 0.9 Swell Pressure 0 psf Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Lanquacle No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements: Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et 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. CARGO PREFERENCE REQUIREMENTS (46 U.S.C. 1241 , 46 CFR Part 381) Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (3) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. Gradation Test Results 100 000 N O O 0 O V O I I I I I I I I I I I 90 I I I I I I I I I I I I I I I I i t I I I I I I I I I l i I I I 80 I I I I I I I I I I I I I I I I I I I I I I I I I I I I 70 I I I I _I I I I I I I I I I I I I I I I I I I N I I LL I I W I I I I I I I I I I I I I I I I I I I I I 1 z 60 II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Z 50 W U I I I I I I I I I I I I I I I I I I I I I t I I I I I I I I I I W 40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I 30 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I 20 I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 10 I I I I I I I I i I I I I I 0 I I I 1 I I I 1 I I I I 100 10 1 0.1 0.01 0.001 GRAIN SIZE - mm. % +3" % Gravel % Sand % Sift % clay 0 6 47 47 7 0 0 54 46 ILL PL Dag Dro 135n Daa Dig DIn C C 37 17 0.8302 0.1530 0.0901 39 19 0.3602 0.1375 0.0903 Material Description USCS AASHTO O clayey sand, fill SC A-6(5) ❑ clayey sand, fill SC A-6(5) ' Project No. G14.1565.000 Client: Interwest Consulting Group Remarks: Project: Drake & Shields Intersection Improvements Location: Boring P-1 Depth: 1-5 Sample Number: 7011-1 Location: Boring P-1 Depth: 1 foot Sample Number: 701 1-2 GEOCAL, INC. Figure 5 (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(13)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et 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) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (d) Special DOL EEO Clause - In addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third Party Participant will comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Lanquage The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 5 %. A contract goal of 10 % DBE participation has been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). (if no separate contract goal has been established, use the following) The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors and is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Fort Collins. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment R-VALUE TEST REPORT 100 80 60 40 20 0 100 200 300 400 500 600 700 800 Exudation Pressure - psi Resistance R-Value and Expansion Pressure - AASHTO T 190 No. Compact. Pressure psi Density pcf Moist. % Expansion Pressure psi Horizontal Press. psi @ 160 psi Sample Height in. Exud. Pressure psi R Value R Value Corr. 1 120 114.1 13.8 0.18 120 2.50 546 21 21 2 110 112.0 15.5 0.12 125 2.52 290 18 18 3 100 110.5 17.0 0.09 129 2.53 219 14 14 Test Results Material Description R-value at 300 psi exudation pressure = 18 clayey sand, till Project No.: G 14.1565.000 Project: Drake & Shields Intersection Improvements Location: Boring P-I Sample Number: 7011-1 Depth: 1-5 Date: 1 /23/2015 Tested by: 11. Redzic Checked by: W. Zitz. P.E. Remarks: Test performed in accordance with Colorado procedure CP-L 3101 Figure R-VALUE TEST REPORT GEOCAL INC. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT CONTRACTOR: MOUNTAIN CONSTRUCTORS INC. PROJECT NUMBER: 8309 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager 01011104 DATE: REVIEWED BY: DATE: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: Section 00960 APPLICATION FOR PAYMENT OWNER: City of Fort Collins PROJECT: ENGINEER: CONTRACTOR: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: PERIOD ENDING: PROJECT NUMBER: PAGE 1 OF 4 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 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS DRAKE & SHIELDS INTERSECTION IMPROVEMENT LARIMER COUNTY FORT COLLINS, COLORADO The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. STANDARD SPECIAL PROVISIONS INDEX................................................................................................................3 NOTICETO BIDDERS...................................................................................................................................................5 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL..................................................................6 COMMENCEMENT AND COMPLETION OF WORK....................................................................................................7 ON THE JOB TRAINING CONTRACT GOAL...............................................................................................................8 REVISION OF SECTION 100 — GENERAL PROVISIONS...........................................................................................9 REVISION OF SECTION 101 - DEFINITION OF TERMS..........................................................................................10 REVISION OF SECTION 102 - PROJECT PLANS AND OTHER DATA....................................................................11 REVISION OF SECTION 104 LANE RENTAL FEE....................................................................................................12 REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENT.............................................................................................................................................................14 REVISION OF SECTION 106 - CONTROL OF MATERIAL........................................................................................16 REVISION OF SECTION 107 — PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND INSURANCE................................................................................................................................................................17 REVISION OF SECTION 108 — PROSECUTION AND PROGRESS.........................................................................19 REVISION OF SECTION 109 — MEASUREMENT AND PAYMENT...........................................................................20 REVISION OF SECTION 201 — CLEARING AND GRUBBING..................................................................................21 REVISION OF SECTION 202 — REMOVAL OF STRUCTURES AND OBSTRUCTIONS..........................................23 REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT........................................................................25 REVISION OF SECTION 207 — TOPSOIL (SPECIAL)...............................................................................................28 REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS CONSTRUCTEDSURVEY).........................................................................................................................................30 REVISION OF SECTION 210 - RESET STRUCTURES.............................................................................................32 REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING ...........................34 REVISION OF SECTION 212 —TREE RETENTION AND PROTECTION..................................................................36 REVISION OF SECTION 213— MULCHING................................................................................................................39 REVISION OF SECTION 214 — PLANTING................................................................................................................42 REVISION OF SECTION 250 — ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT................................44 REVISION OF SECTION 304 —AGGREGATE BASE COURSE................................................................................45 REVISION OF SECTION 403 - HOT MIX ASPHALT..................................................................................................46 REVISION OF SECTION 504 - CONCRETE WALL...................................................................................................49 REVISION OF SECTION 504 — MASONRY BRICK WALL.........................................................................................50 REVISION OF SECTION 601 - CONCRETE FINISHING...........................................................................................56 REVISION OF SECTION 603 - CULVERTS AND SEWERS......................................................................................57 REVISION OF SECTION 604 — MANHOLES, INLETS AND WATER QUALITY VAULTS........................................58 REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS.................................................................................59 REVISION OF SECTION 609 - CURB AND GUTTER................................................................................................61 REVISION OF SECTION 610 - MEDIAN COVER MATERIAL....................................................................................62 REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES................................................................................63 1 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 623 - IRRIGATION SYSTEM..............................................................................................6• REVISION OF SECTION 627 - PAVEMENT MARKING.............................................................................................75 REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL...................................................................76 FORCE ACCOUNT ITEMS..........................................................................................................................................78 TRAFFIC CONTROL PLAN - GENERAL....................................................................................................................79 UTILITIES.....................................................................................................................................................................81 1 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS DRAKE & SHIELDS INTERSECTION IMPROVEMENT LARIMER COUNTY FORT COLLINS, COLORADO STANDARD SPECIAL PROVISIONS INDEX Name Date No. of Pages Revision of Section 101 and 630 - Construction Zone Traffic Control (April 30, 2015) 2 Revision of Section 102 - Contents of Proposal Forms (April 9, 2015) 1 Revision of Section 105 - Construction Surveying (July 31, 2014) 1 Revision of Section 105 - Contractor Submittals Traffic Signal Pedestal Pole (February 3, 2011) 1 Revision of Section 105 - Violation of Working Time Limitation (February 3, 2011) 1 Revision of Section 106 - Buy America Requirements (November 6, 2014) 1 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 106 - Material Sources (October 31, 2013) 1 Revision of Section 106 - Supplier List (January 30, 2014) 1 Revision of Sections 106 and 412 - Surface Texture of Portland Cement Concrete (October 29, 2015) 3 Pavement Revision of Section 107 - Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Section 107 - Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Sections 107 and 208 - Water Quality Control, Under One (April 30, 2015) 4 Acre of Disturbance Revision of Section 108 - Delay and Extension of Contract Time (April 30, 2015) 2 Revision of Section 108 - Liquidated Damages (October 29, 2015) 1 Revision of Section 108 - Notice to Proceed (July 31, 2014) 1 Revision of Section 108 - Project Schedule (July 31, 2014) 6 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 108 - Payment Schedule (Single Fiscal Year) (April 30, 2015) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 - Measurement of Quantities (February 3, 2011)1 Revision of Section 109 - Measurement of Water (January 06, 2012)1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Section 109 - Scales (October 29, 2015) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 206 - Imported Material for Structure Backfill (July 19, 2012) 2 Revision of Sections 206 and 601 - Maturity Meters and Concrete Form (December 18, 2015) 3 and Falsework Removal Revision of Section 208 -Aggregate Bag (January 31, 2013) 1 Revision of Section 208 - Erosion Control Supervisor (April 30, 2015) 1 Revision of Section 208 - Erosion Log (January 31, 2013) 1 Revision of Section 212 - Seed (April 26, 2012) 1 Revision of Section 213 - Mulching (January 31, 2013) 4 Revision of Section 250 - Environmental, Health and Safety Management (January 15, 2015) 14 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401 - Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 - Composition of Mixtures - Voids Acceptance (February 3, 2011) 1 3 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Revision of Section 401 — Temperature Segregation Revision of Section 401 and 412 — Safety Edge (May 2, 2013) 2 Revision of Section 601 — Concrete Batching Revision of Section 601 — Concrete Finishing Revision of Section 601 — Concrete Slump Acceptance Revision of Section 601 — QC Testing Requirements for Structural Concrete Revision of Section 601 — Structural Concrete Strength Acceptance Revision of Sections 601 and 701 — Cements and Pozzolans Revision of Section 603 — Culvert Pipe Inspection Revision of Sections 603, 624, 705, 707, and 712 — Drainage Pipe Revision of Section 702 — Bituminous Materials Revision of Section 703 —Aggregate for Hot Mix Asphalt Revision of Section 703 — Concrete Aggregate Revision of Section 712 — Water for Mixing or Curing Concrete Affirmative Action Requirements — Equal Employment Opportunity Disadvantaged Business Enterprise (DBE) Requirements Minimum Wages, Colorado, U.S. Department of Labor General Decision Number CO160024, Highway Construction for Larimer, Mesa, and Weld counties. On the Job Training Railroad Insurance Required Contract Provisions — Federal -Aid Construction Contracts Special Construction Requirements, Fire Protection Plan April 14, 2016 (February 3, 2011) 1 (February 3, 2011) 1 (February 3, 2011) 1 (October 29, 2015) 1 (May 8, 2014) 1 (April 30, 2015) 1 (November 6, 2014) 4 (October 2, 2014) 1 (April 30, 2015) 3 (October 29, 2015) 11 (November 1, 2012) 2 (July 28, 2011) 1 (February 3, 2011) 1 (February 3, 2011) 10 (Dec. 26, 2013) 9 (January 8, 2016) 7 (July 29, 2011) 3 (February 3, 2011) 1 (October 31, 2013) 14 (November 1, 2012) 2 4 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 NOTICE TO BIDDERS April 14, 2016 The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of five (5) percent of the Contractor's total bid. Pursuant to Subsections 102.04 and 102.05, it is recommended that bidders on this project attend optional the pre -bid conference and review the work site and plan details with an authorized City representative. The pre -bid conference will be the only time City representatives will be available for a site review. All bidding and technical questions shall be submitted to the following City representative for clarification: Buyer - Elliot Dale 215 North Mason Street Fort Collins, CO 80522 Office Phone: (970) 221-6777 edale@fcgov.com Project Manager - Tracy A. Dyer 281 North College Avenue Fort Collins, CO 80522 Office Phone: (970) 221-6605 tdyer@fcgov.com The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Questions received from bidders along with City responses will be posted as an addendum online at the City of Fort Collins Rocky Mountain E-Purchasing System (RMEPS) Webpage, www.rockvmountainbidsystem.com as they become available. All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract. All references to the Colorado Division of Highways, Colorado Department of Transportation, and/or Department or Division shall also mean City of Fort Collins. 5 TABLE 1 SUMMARY OF LABORATORY TEST RESULTS Client: Interwest Consulting Group Project # G14.1565.000 Project Name: Drake & Shields Intersection Improvements Sample Location Natural Moisture Content (%) Natural Dry Density (pcf) Gradation Percent Passing No.200 Sieve Atterberg Limits Swell w.0.2 ksf surcharge ( %) Water Soluble Sulfates ( %) R Value at 300psi Exudation Pressure AASHTO Class. (Group Index) Soil or Bedrock Description Boring No. Depth (feet) Cobbles (%) Gravel (%) Sand (%) Liquid Limit (%) Plasticity Index (%) P-1 P-1 1-5 0 6 47 47 46 37 20 18 -Clayey sand, fill 1 17.6 110 0 0 54 39 20 0.9 A-6(5) Clayey sand, fill P-1 4 0.02 Clayey sand, fill PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal. 10 Percent DBE participation. PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract no later than 10 days from the date of the Notice to Proceed, unless such time for beginning the work is changed by the Engineer. It is anticipated that construction will commence in Summer 2016. The Contractor shall be substantially complete with the work within 65 calendar days. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall be a Critical Path Method or Bar Chart Schedule. Salient features to be shown on the Contractor's progress schedule are: Mobilization o Construction Surveying (By City Forces) Construction Traffic Control (Lane Closures, Shifts, Width Restrictions, etc.) Clearing and Grubbing Removals Roadway Earthwork o Erosion Control Storm Sewer System Medians o Utility Relocations and Coordination o Curb, Gutter and Sidewalk Asphalt Pavement Irrigation Sod and Landscaping Signing and Striping (By City Forces) Traffic Signals (By City Forces) Subsection 108.08 shall include the following: Substantial Completion is defined as completion and acceptance of: removals, embankment, sidewalk, curb & gutter, curb ramps and inlet, asphalt (top mat), topsoil placement, slope grading. Final Acceptance is defined as, completion and acceptance of: landscape wall, final grading, irrigation system restoration, planting, removal of tree protection removal of erosion control devices (to the extent approved), completed punch list items, erosion control items removed, site clean-up and demobilization PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 ON THE JOB TRAINING CONTRACT GOAL April 14, 2016 The Department has determined that On The Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On The Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of On The Job Training hours required: 0 hours. PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 100 — GENERAL PROVISIONS Section 100 of the Standard Specifications is hereby revised for this project as follows: All references to the State, the Department, the Engineer, the Chief Engineer, etc. shall be understood to mean the City of Fort Collins, Colorado or the City's designated representative. END OF SECTION REVISION PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 101 - DEFINITION OF TERMS Certain terms utilized in the latest edition of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.28: —"Department" shall mean City of Fort Collins, Colorado. Subsection 101.27: —"Chief Engineer" shall mean City of Fort Collins, Colorado or their designated representative. Subsection 101.39: —"Laboratory" shall mean City of Fort Collins, Colorado or their designated representative. Subsection 101.51: —"Project Engineer' shall mean the City of Fort Collins, Colorado or their designated representative. Subsection 101.58 —"Region Transportation Director" shall mean the City of Fort Collins, Colorado or their designated representative. Subsection 101.76 —"State" shall mean City of Fort Collins, Colorado (where applicable). END OF SECTION REVISION 10 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 102 - PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: Contract Documents and supporting information will be available for review until the date set for opening of bids at the following locations: Online at the Rocky Mountain E-Purchasing System (RMEPS), www.rockymountainbidsystem.com City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort Collins, Colorado 80524 A Soil and Foundation Investigation was completed by GeoCal Inc. and included in Appendix A. The report contains test results of a subsurface investigation to identify existing pavement conditions, typical soil conditions as well as provide recommendations for the pavement section (widening). If variations or unexpected conditions (soil, bedrock, fill, groundwater, etc.) are encountered during construction, then the Contractor shall notify the Engineer for direction and possible further testing and analysis. After the proposals have been opened, the low responsible bidder may obtain from the City, at no cost: 3 sets of the plan set and 3 sets of special provisions. If the low bidder has not picked up the plans and other available data by 4:30 p.m. on the second Friday after bid opening, they will be sent to the Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on a cash sale basis from the City at current reproduction prices END OF SECTION REVISION 11 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 REVISION OF SECTION 104 LANE RENTAL FEE Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: April 14, 2016 (a) Lane Rental Fee. The Contractor shall pay a daily lane rental fee for lane closures on Drake Road and Shields Street during construction. The Contractor will be granted the following lane rental allowances: 65 calendar days of single lane closures for Drake Road and Shields Street for the installation of the Shields Street turn lanes. A lane rental day is defined as any single lane closure and each individual lane drop is considered one lane closure. In addition there are 25 single lane closures for the installation of the median located at Davidson and Raintree Drive and adjacent ramps. All lane closures are approved from 7:00 am to 3:30 pm for the project. From these allowed lane -days, no deduction will be made from monies due the Contractor. Lane rental fees for all lane -days in excess of the listed allowances above will be deducted from any monies due the Contractor for work performed. The deduction will be based on the applicable rate for any and all closures, whether work is performed or not. This deduction will be reflected in each progress payment. This deduction is not a penalty, but is a rental fee based upon road user costs to occupy individual lanes on Drake Road and Shields Street. The Engineer may determine that the lane rental fee will not be charged for lane closures for the following reasons: additional work not covered in the scope of the project; acts of god, acts of the public enemy, fires, floods, area wide strikes, freight embargos, and delays not caused by the Contractor's fault or negligence. In the case of unusually severe weather, a lane rental fee will not be charged for each weather day after the second consecutive weather day. City of Fort Collins Light and Power and Traffic Department as well as Comcast and CenturyLink have work that the contractor will need to coordinate within the existing lane rental requirements above. See Utilities, page 95 of the Project Special Provisions for more information. In the case that City Light and Power or City Traffic Dept. or private communications companies listed above needs a lane closure and the contractor is not also performing work or scheduled to perform work within that closure, a Lane Rental Day will not be charged. The lane -day rental fee for closures on Drake and Shields shall be $ 1,200.00 per lane -day. A lane -day is measured as any day that a portion of a thru lane or signalized left turn lane is closed to traffic on any arterial road. The following will not be measured as lane -days: Any day that a right turn lane is closed but a right turn is permitted from an existing thru-lane. Any day that an opposable left turn lane is closed to traffic on an arterial road. Any night work, specifically milling and paving operations during the course of the standard work week. Night work construed as 7:00 PM to 7:00 AM. (Variance application needed for night work) A single weekend allowance will be made only for asphalt milling and top lift paving. During this single weekend, the City will not impose lane rental fees for lane closures on Drake/Shields. The weekend will start at 7:00 PM on a Friday and end at 6:00 AM on the following Monday morning. If weekend work is a selected alternative and work extends past the 60 hours for weekend as described, the unapproved lane rental fee will be applied at $500.00 per lane / per hour for the occupancy of any lanes needed to complete the paving operations. See traffic Control Specifications for more details on weekend closure restrictions. For approved daytime lane closures, a lane -day will be measured as any potion of time between the hours of 7:00 AM to 3:30 PM. If work extends beyond those approved working hours, an Unapproved Lane Rental Fee will be charged per section (b). 12 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 For approved multi -day lane closure, the lane -day will be measured as a 24 hour period from 12:00 AM to 11:59 PM for each calendar day that the closure is approved and implemented. Only 1 lane rental day will be charged for any single lane, regardless of the number of lane closures in that lane. For approved night time work during off-peak hours, a lane rental fee will not be charged. A lane is considered closed when the number of available lanes is reduced from the number available prior to the work. Lane closures shall be documented in the Traffic Control Supervisor's (TCS's) diary each day that a lane closure is in use. The diary shall be signed by the TCS and the Contractor's representative. A copy of the day's diary shall be given to the Engineer at the end of each work day on which a lane closure is used. (b) Unapproved Lane Rental Fee: The Contractor will be charged a lane rental fee for any work that is performed outside of the approved daytime hours that are permitted by the City Traffic Dept. on the approved MHT. The lane rental fee will be measured as an hourly rate and will be rounded up to the nearest whole hour in excess of the permitted lane closure time. The Unapproved Lane Rental Fee for single daytime closures on Drake Road and Shields Street shall be $ 500.00 per lane -hour. The Unapproved Lane Rental Fee will be measured and applied separately to each thru lane or signalized left turn lane that is impacted by an unapproved lane closure. Approved daytime lane closure MHTs cannot be field modified into multiday lane closures to avoid the Unapproved Lane Rental Fee. The Unapproved Lane Rental Fee does not constitute an authorization to do work without an approved traffic control plan. END OF SECTION REVISION 13 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.02 shall include the following: Unless otherwise specified the work shall conform to -Section 01110 — General Provisions in the City of Fort Collins Development Construction Standards. Subsection 105.05, 105.06, 105.07 shall be revised as follows: Incentive and Disincentive Payments will not be used for this project. Subsection 105.09 shall have the second paragraph replaced as follows: In case of discrepancy the order of precedence is as follows: (a) Contract Agreement (b) Revisions to CDOT Standard Specifications (Project Special Provisions) (c) Plans (Calculated dimensions will govern over scaled dimensions) (d) Standard Special Provisions (e) General Conditions (f) CDOT Standard Specifications for Road and Bridge Construction (g) CDOT M&S Standards (h) City of Fort Collins Development Construction Standards Subsection 105.11 shall include the following: The Contractor shall coordinate with all utilities well enough in advance that utility improvements do not delay the Contractor's work. Subsection 105.12 delete and replace with the following: The City, County, CDOT, and local utilities including but not limited to Xcel Energy, Comcast and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor shall conduct the Work without interfering or hindering the progress or completion of the work performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. City forces will perform the following work as required by this project: • Permanent Pavement Marking • Permanent Signing • Traffic Signals/Fiber Optic Lines • Street Lights • Construction Surveying 14 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Traffic Coordination April 14, 2016 1. The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities. This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection movements, lane reductions, and detours. City Traffic Control Contact: Syl Mireles Phone: (970)221-6815 Email: smireles2fcgov.com 2. The City will remove existing and install all new traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone: 970-222-5533 Email: osorenson@fcgov.com 3. The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber optic line relocation in conjunction with other project activities taking into account time needed for order and delivery of materials. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. 4. The City will remove and install all permanent signing. The City will install all permanent pavement markings. City Signing and Striping Contact: Rich Brewbaker Phone: 970-221-6792 Email: rbrevvbaker6jJcgov.con• 5. The Contractor is responsible for removal of pavement markings and installation and maintenance of temporary pavement markings necessary to control traffic during construction. This work will not be paid separately, but shall be included in Construction Traffic Control, Lump Sum. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and striping work in conjunction with other project activities. Full -compliance pavement markings in accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Street Light Coordination City Light and Power Crews will remove and install all street lighting and associated electric utilities for the project. City Survey Contact: Luke Unruh Phone: (970) 416-2724 Email: lunruhrwfcgov.com The Contractor shall cooperate with the City Light and Power Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Refer to Utility specification for additional information. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay , or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project. Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be identified in Contractor's schedule. Delays due to coordination issues will be the responsibility of the contractor. Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. END OF SECTION REVISION 15 APPENDIX TRAFFIC DATA FROM CDOT WEBSITE TRAFFIC DATA FROM FCMAPS WEBSITE ESAL CALCULATIONS WINPAS PRINTOUTS PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 106 - CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall include the following: The City of Fort Collins will be responsible for all expenses associated with Quality Assurance (QA) and Independent Assurance (IA) testing. The Contractor shall be responsible for all Quality Control (QC) testing costs. Test frequencies shall be in accordance with the project specifications, CDOT Field Materials Manual and the approved Quality Control Plan (QCP). The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only to/from the north on Taft Hill Road to County Road 54G. END OF SECTION REVISION 16 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 107 — PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND INSURANCE Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.02 shall include the following: Unless otherwise specified, the Contractor shall procure all required permits and licenses; pay all charges, fees, and taxes, including permits procured for this project by others; and give all notices necessary and incidental to the due and lawful prosecution of the work. The costs of these permits will not be paid for separately, but shall be included in the work. Below is a list of anticipated permits that will be required for the project. This list is provided as an aid and shall not be interpreted as a complete list of all permits that may be required. It shall be the responsibility of the Contractor to determine the type of permits required for the work. A copy of all permits shall be available on the job site at all times. 1. Stormwater Discharge Permit Associated with Construction Activities (CDPHE) 2. Construction Dewatering Wastewater Discharge Permit (CDPHE) — If Required 3. Excavation Permit (City of Fort Collins) 4. Right-of-way Contractors License (City of Fort Collins) 5. Noise Emission Variance — City of Fort Collins Code Compliance (night work only) Prior to beginning work, the Contractor shall furnish the Engineer with a written list of all permits required for the proper completion of the contract. The list shall clearly identify the types of permits that must be obtained before work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer upon request. The Contractor shall comply with all applicable federal and state laws, orders, and regulations concerning the control and abatement of water and air pollution. The Contractor shall comply with the permits (or permit applications if in progress) even if they have not yet been finalized at the time of construction. Subsection 107.12 is hereby revised to include the following: The Contractor shall limit his work operations to within public right-of-way, permanent utility easements and temporary construction easements. The Contractor shall fence specific areas of vegetation to be protected in the field as shown in the plans or as directed by the Engineer. All construction operations must be performed in such a manner which will avoid protected trees and landscape areas. The Contractor shall perform all the work in such a manner that results in the least environmental damage. The Contractor shall clearly mark the vegetation protection areas and all construction/demolition limits in the field before commencing demolition operations. Limits of construction are generally defined as the limits of demolition. Subsection 107.18 is hereby revised to read: For this project, all insurance certificates shall name the City of Fort Collins and the Colorado Department of Transportation as an additionally insured party. For this project, insurance coverage shall meet the requirements and limits per CDOT Standard Specifications and Revision of Section 107 Responsibility for Damage Claims, Insurance Types and Coverage Limits. In case of a conflict between the City's General Contract Conditions and CDOT Standard Specifications, the more 17 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 stringent of the two shall apply. Subsection 107.25(c) is hereby revised to include the following: (c) Measurement and Payment. Add the following to Paragraph 1: All work associated with preparing, securing and concurring with the required permits (refer to Revision of Subsection 107.02) will not be measured and paid for separately, but shall be included in the work. END OF SECTION REVISION 18 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 108 — PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.07 shall include the following: It is anticipated that construction for this project will begin in early Summer 2016. Prior to the commencement of work, the Contractor shall submit to the Project Manager, for approval, a schedule showing the time of commencement and proposed progress of the work. In this schedule, the Contractor shall anticipate and account for adverse weather conditions, utility coordination and time restrictions for lane closures. If the Contractor falls behind the approved schedule, then all reasonable efforts shall be implemented to accelerate the schedule and complete the work within the contract time. The Contractor shall furnish additional resources (e.g. equipment, manpower, etc.) and implement other strategies to expedite the construction, at no additional cost to the project. The Substantial Completion for the Work shall occur within 65 calendar days following issuance of the Notice to Proceed. Substantial completion will require the completion of: removals, embankment, sidewalk, curb & gutter, median improvements, curb ramps and inlet, asphalt (top mat), topsoil import and slope grading When the Contractor considers the entire work ready for its intended use, he shall notify the Project Manager in writing and request that the Project Manager issue the Notice of Substantial Completion. Within a reasonable amount of time, the City, CDOT, and other stakeholders shall make an inspection of the work to determine the status of completion. If the work is substantially complete, the Project Manager will issue the Notice of Substantial Completion and attach a punch list of items to be completed or corrected prior to final payment. Work items that are outside of the pavement limits and don't require lane closure(s) or other disruption to traffic may be performed after the substantial completion date. The Final Completion for the Work shall occur within 10 calendar days following issuance of the Substantial Completion. Final completion will require completion of landscape wall, final grading, irrigation system restoration, planting, removal of tree protection removal of erosion control devices (to the extent approved), completed punch list items, erosion control items removed, site clean-up and demobilization. When the Contractor considers the project has reached Final Completion, he shall notify the Project Manager in writing and request that the Project Manager issue the Certificate of Final Acceptance.. Failure by the Contractor to complete the work on time will result in daily charges for liquidated damages. Liquidated damages will be assessed per Section 108.09 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. Contract time may be adjusted only through Change Order. Any requests for extension of time due to conditions outside the Contractor's control shall be made in writing to the Project Manager within 48 hours of the cause of delay. The Project Manager shall respond in writing within 48 hours of receiving the Contractor's request. END OF SECTION REVISION 19 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 109 — MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.02 shall include the following: The City will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. Where the Standard Specifications call for a possible reduced price adjustment, such adjustments shall be at the sole discretion of the City of Fort Collins. The City may require such items of work to be removed and replaced. Bid prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. All work not specifically set forth as a pay item in the Bid Schedule shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Total Bid Prices shall be interpreted to cover all Work required by the Contract Documents. END OF SECTION REVISION 20 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 201 — CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.01 is hereby revised to include the following: This work includes removal and disposal of existing timber retaining walls, concrete bases for ground signs, trees, stumps, shrubs, vegetation, trash and any other items necessary to complete the improvements within the limits of the right-of-way, easement areas, and other areas shown in the contract or required by the work. These items shall be removed and disposed of by the Contractor during construction and prior to final acceptance of the project. The Contractor shall contact the City of Fort Collins Arborist prior to pruning trees and shrubs the will be necessary for the pavement equipment that will be used for the milling/overlay of the roadway. Subsection 201.02 is hereby revised to include the following: The Contractor may not dispose of clearing and grubbing materials on the project site. All unsuitable materials generated by clearing and grubbing operations shall be legally disposed of off the project site. The Contractor shall coordinate the limits of work with the Engineer prior to commencing clearing and grubbing. The Contractor shall remove and dispose of all visible abandoned utility appurtenances that are located within the work area or right-of-way and abandoned as a result of this project. These items shall not be disposed of within the project limits. Removal of utility appurtenances shall not be measured and paid for separately, but shall be included in the work for Item 201, Clearing and Grubbing. Refer to the Utility Special Provision for more information. Subsection 201.02, delete the third paragraph and replace with the following: The limits of clearing and grubbing shall be confined to the limits of work. Areas of protection shall be established by the Engineer prior to construction. All trees, shrubs, plants, grasses and other vegetative materials within those areas of protection shall remain, except as designated by the Engineer. If noxious weeds are found before grading, areas to be disturbed shall be pre-treated with either an approved herbicide or mowing before grading. Clearing and grubbing shall include the pruning of all trees that will remain within the final right-of-way. Pruning of trees shall include removal of all branches that conflict with construction of the proposed improvements and all dead branches. Avoid the unnecessary removal of trees or shrubs; for example, prune the aerial portions of trees and shrubs that hang over a project area and interfere with equipment. Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (MBTA). The active nesting season for most migratory bird species in Colorado is between April 1 and August 31. To avoid a violation of the MBTA, conduct habitat -disturbing activities (tree removal, clearing and grubbing, etc.) in the non - breeding season (September 1 to March 31). Clearing and grubbing of vegetation that may disturb ground nesting birds shall be completed before birds begin to nest or after the young have fledged. If work activities are planned between April 1 and August 31, vegetation shall be removed and/or trimmed to a height of six (6) inches or less prior to April 1. Once vegetation has been removed and/or trimmed, appropriate measures, i.e. repeated mowing/trimming, shall be implemented to assure vegetation does not grow more than six (6) inches. Failure to maintain vegetation height of six (6) inches or less may postpone project construction. Once all clearing and grubbing is completed and approved, no additional clearing shall be allowed unless approved, in writing, by the Engineer. 21 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 Subsection 201.04 shall include the following: Payment for clearing and grubbing shall be on a lump sum basis and shall include removal and disposal of trees, stumps, shrubs, trash, timber retaining walls and protruding objects designated for removal within the project limits by the Engineer. Payment will be made under: Pay Item Pay Unit Clearing and Grubbing Lump Sum Payment for temporary fence shall be included under Revision of Section 607 Fence. END OF SECTION REVISION 22 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 202 — REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.02 is hereby revised to include the following: This work includes the removal of items listed on the plans, as directed by the Engineer, or any other items necessary to complete the improvements within the limits of the right-of-way, easement areas, and other areas shown in the contract or required by the work. These items shall be removed and disposed of by the Contractor during construction and prior to final acceptance of the project. Subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed asphalt with underlying material. The removed mat shall become the property of the Contractor and disposed of outside the project site legally. Subsection 202.04 shall include the following: The City of Fort Collins Traffic Operations will remove the existing Traffic Signal poles on all four corners of the intersection. The Contractor shall be responsible for removing the top 3' feet of the signal pole base. The Contractor shall coordinate with the City of Fort Collins Traffic Operations. Subsection 202.09 shall include the following: Prior to beginning milling / planing operations, the Contractor and Owner's Field Representative shall inspect the existing concrete curb and gutter for defects, cracks or chips. All damaged concrete at this time shall be noted. After the milling / planing operations are complete, the existing concrete shall be examined again noting additional damage to the concrete to determine sections that must be replaced due to the milling operations. The existing pavement shall be milled to the cross -slope as shown on the plans, and shall have a surface finish that does not vary longitudinally or transversely more than 3/8 inch from a 10 foot straightedge. A 10 foot straightedge shall be supplied by the Contractor. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line. If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this joint will not be paid for separately, but shall be included in the cost of planing. If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to the commencement of resurfacing. All work associated with this joint will not be paid for separately, but shall be included in the cost of planing. Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. 23 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. METHOD OF MEASUREMENT Subsection 202.11 shall include the following: Removal of Concrete Median Nose & Sign will be measured by the actual number of median noses that will be demolished and removed without damaging existing gutter. The removal of the sign is considered incidental to the removal of the median nose. Coordinate with City Traffic for storage of existing sign that will be reset by City forces once concrete median nose is reconstructed. BASIS OF PAYMENT Subsection 202.12: The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item: Removal of Tree Removal of Inlet Removal of Pipe Removal of Sidewalk and Concrete Apron Removal of Concrete Median Nose & Sign Removal of Curb and Gutter Removal of Asphalt Mat Removal of Asphalt Mat (Planing) (3 Inches) Removal of Pavement Marking Removal of Sign Panel Removal of Concrete Footing (Top 3' of Traffic Signal Pole Base) Pay Unit EA EA LF SY EA LF SY SY SF EA EA Saw cutting required to complete any removal is incidental to the work and will not be measured or paid separately. Work shall include all materials, equipment, labor and disposal of materials required to complete the work. END OF SECTION REVISION 24 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01 shall include the following: The Contractor shall comply with all requirements of the soils report prepared by Geocal dated August 19, 2015 in Appendix A. Subsection 203.02 shall include the following: (a) Unclassified Excavation Excavation/embankment quantities shown in the Bid Schedule and on the Summary of Approximate Quantities plan sheet only includes the excavation and/or embankment required to construct the subgrade to the bottom of all pavement sections (including composite sections), as shown in the cross sections. (c) Muck Excavation Any unsuitable material will be replaced and compacted with suitable material in accordance with the Geotechnical Report for this project. (f) Potholing Potholing of utilities, as required, shall be conducted by the Contractor to determine the location, depth, size and material composition of utility lines, and potential conflict(s) with the work. Contractor shall review the plans and determine the necessary pothole requirements to complete the work as specified, prior to determining bid price. Potholing will be paid for per hour as necessary and no additional payment will be made for utility potholing. Where required, concrete pavement removed during potholing operations shall be replaced with Class B concrete in accordance with Revision of Section 412 of the Special Provisions and Section 412 of the Standard Specifications. Subsection 203.05, (f) Potholing, add the following to the second paragraph: Records of the potholed utilities shall be surveyed and submitted to the Engineer. Subsection 203.06 shall include the following: Embankment shall be constructed with suitable on -site material or imported borrow material from an approved source. Embankment material shall be free of vegetation, brush, sod, trash and other deleterious substances and should not contain rocks, debris or lumps having a diameter of more than 4 inches. Rocks, debris or lumps shall be evenly dispersed throughout the fill. Embankment material shall contain a maximum of 70 percent passing the No. 200 sieve, have a liquid limit of less than 40, a plasticity index less than 25 and a swell potential of less than 1% when remolded to 95% of the AASHTO T99 standard proctor maximum (at optimum moisture) under a 200 pcf surcharge pressure. The borrow material shall have a resistance value of at least 9 when tested by the Hveem Stabilometer method. Borrow material shall be approved by the Engineer and tested for water soluble sulfates. Subsection 203.07 shall include the following: Subgrade Moisture and Density Treatment shall meet the compaction and moisture requirements in Revision of Section 306 of the Special Provisions and Section 306 of the Standard Specifications. In Subsection 203.09, 3rd Paragraph, delete the 2"d sentence and replace with the following: In areas that are observed to have soft spots in the subgrade, where deflection is not uniform or is excessive, as determined by the Engineer, the Contractor shall perform one of the following two methods for stabilization of the subgrade. The method will be determined by the Engineer. 25 Online Transportation Highiway Data Data Catalog Reports MYew Help OTIS' information System C= Traffic Data Explorer P47 I 135 Search by city county a wnz-nt Search by highway se� IN oulb ,y 3, Fort 36 IN kv Collin 34ec& Select a route and begin and end ref paints. You can select a route from the drop down fist or click the pend icon then click the map. You can enter the ref points into the S W P,.,-t Ad ep'-p-1ke text boxes or click the pencil icon then ;:16, the map. Zoom to County (optional): select a county LARNER v W NIA. Ad 344 E o.aw. qa COOT Route 16unidbw. F287C • Begin Reference: P3 W 14—wiaoth Ptd P..i, End Reference: V 345 A,, Count type: All WHA--V oti *i—wq ad., - 2 Search by traffic statiGn Found 3 stations. Click the magnifying glass iconinin front of a station to see count data below. PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 (a) The area shall be ripped, scarified, dried or wetted as necessary and re -compacted to the requirements for density and moisture to the contract depth, at the Contractor's expense. (b) The area shall be removed to the depth indicated by the Engineer and replaced with Class 6 aggregate base course. Class 6 aggregate base course shall meet the requirements of Section 304 of the Standard specifications and Revision of Section 304 of the Special Provisions. Subsection 203.13 shall include the following: The earthwork quantities include only that material excavated or placed as fill to construct the improvements to subgrade elevation. Quantities do NOT include those associated with material excavated, stockpiled, placed and compacted as part of Reconditioning". Payment for earthwork associated with "Reconditioning" will be part of that bid item as specified in Revision of Section 306 of the Special Provisions. (a) Excavation Quantities of earthwork associated with Embankment Material (Complete in Place) will not be measured in place, but shall be paid for at the quantity shown in the bid schedule. (b) Embankment Quantities of earthwork associated with Borrow (Complete in Place) will not be measured in place, but shall be paid for at the quantity shown in the bid schedule. The original cross sections will be used for determination of volumes of embankment material placed, unless changes have been directed. If the Contractor considers that there is a discrepancy in the bid form quantity to actual field quantities, then he shall notify the Engineer immediately. An appropriate adjustment will be made to the quantity if the Contractor can demonstrate through survey or other approved means that the actual quantity of earthwork excavated and/or placed differs from plan quantity by more than 15 percent. Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies on the plans in an amount of at least plus or minus two percent of the plan quantity. Other methods of determining earthwork quantities, such as truck load counts or weight tickets, will not be used on this project. Sub -excavation will not be paid for separately, but shall be paid for as Embankment Material (Complete in Place), and shall be compensation for all work necessary to complete the item including haul and disposal of any bedrock material encountered within the project limits. Filling of the areas, which have been sub -excavated, shall be done with on -site embankment material and will not be measured and paid for separately but shall be included in the work. Excavation for the removal of unsuitable subgrade/embankment material for the replacement of aggregate base course, when determined by the Engineer, shall be measured and paid for on a volume basis. The additional excavation shall be measured in cubic yards and determined in the field by the following equation: Excavation Length (FT) x Excavation Width (FT) x Excavation Depth (FT) 27 FV/CY Quantities of earthwork associated with roadway embankment will not be measured in place, but shall be paid for under "Embankment Material (Complete in Place)". (d) Potholing Potholing will be paid for as per hour. (e) Proof Rolling Proof Rolling will not be measured and paid for separately, but shall be included with the pay item "Aggregate Base Course" in accordance with Revision of Section 304 and -Reconditioning in accordance with Revision of Section 306 of the Special Provisions. 26 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 (g) Muck Excavation Quantities of muck excavation shall be measured by the number of cubic yards of unsuitable material removed and replacing and compacting the area with suitable material in accordance with the Geotechnical Report for this project Section 203.14 shall be revised to include the following: Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard Embankment Material (Complete in Place) Cubic Yard Muck Excavation (Complete in Place) Cubic Yard Potholing (With Surveying and Stationing of U/G Utilities) Hour END OF SECTION REVISION 27 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 207 — TOPSOIL (SPECIAL) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.02 shall include the following: The source of imported topsoil for this project is undesignated. Topsoil shall be fertile, friable, and of a USDA texture listed as "Suitable" below. Topsoil shall be free of any admixture of subsoil or slag and shall be free of stones, lumps, refuse, plants or their roots, sticks, noxious weeds, salts, soil sterilants or other material detrimental to plant growth. Imported topsoil shall be obtained from a well -drained site that is free of flooding. Topsoil shall not be collected at the supplier's facility, delivered or used onsite in any manner while in a frozen or muddy condition. The topsoil shall be delivered in an non -compacted state, and shall be spreadable in even non - compacted, unclodded layer(s). Imported topsoil shall be approved by the Landscape Architect prior to delivery or placement in planting areas. The Contractor shall supply a sample of topsoil to the Soil Testing Laboratory for analysis a maximum of thirty (30) days prior to delivery of topsoil to the project site. The Contractor shall submit to the Landscape Architect a Certificate of Compliance from the CSU Soil, Water, and Plant Testing Laboratory verifying organic matter content, pH, sodium absorption ratio, electrical conductivity and nutrient levels. Topsoil shall meet the mechanical analysis outlined in the following table: (a) Topsoil Mechanical Analysis Screen Passing percent Retained percent 1 inch screen 100% 0-0% '/z inch screen 97-100% 0-3% Contractor supplied topsoil shall meet the following criteria Property Minimum Value Maximum Value pH 6.0 7.2 Sodium Absorption Ratio none 13.0 Salts (electrical conductivity) none 4.0 mmhos/cm Organic Matter 2% 10% *Exchangeable Sodium % none 15% Calcium carbonate % none 10% 'Exchangeable Sodium % = CEC / Exch. Na Suitable USDA Texture- sandy loam, sandy clay loam, loam, clay loam, silt loam. Unsuitable USDA Texture- sand, loamy sand, silt, silty clay loam, silty clay, sandy clay, clay. *Texture as determined by hydrometer analysis and classified using U.S. Dept. of Agriculture (USDA) texture class names. The topsoil may be amended with Class 1 Compost to bring it into conformance with these specifications. This amended topsoil is subject to approval before use. Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extractable solution used by CSU Soil, Water and Plant Testing Laboratory). Nitrogen 3 ppm (Air Dried Basis) Phosphorus 3 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include minerals or elements in abundances detrimental to plant growth. rocks and debris larger than 1 '/z inches in diameter that are visible after the topsoil is spread shall be removed and disposed of in an F PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 appropriate manner offsite or in a location pre -approved by the Engineer. Subsection 207.03 shall include the following: Import Topsoil meeting project specifications shall be placed by the Contractor in areas specified on plans to a finished depth of 4 or 12 inches as noted, to be measured from 4 inches below proposed finish grades in order to accommodate the specified depth of wood mulch for planter beds. The Contractor is responsible for the following activities: Protecting finish grade areas and regrading to correct irregularities caused by hauling materials or other construction activity over finish grade areas. The Contractor shall replenish planting areas found deficient of topsoil. ii) Repairing erosion or other damage resulting from weathering action before final acceptance. Planting areas receiving topsoil placement shall be finished smoothly, properly placed, free of mechanical compaction and free from irregular surface changes. The Contractor shall finish planting areas by hand methods if a satisfactory finish cannot be completed with power equipment. Placed topsoil shall not be driven upon by motorized equipment. Finish grading shall conform to the grade elevations as shown on the approved engineered grading plans and shall be free of debris and other materials that would be detrimental to the plantings. Settling of finish grade shall not be more than 0.10 feet; if settling is greater, the Contractor shall bring the grade to specified elevations by addition of topsoil. Delete Subsection 207.04 and replace with the following: Topsoil will be measured in place by measuring random depths of topsoil and computing volume by multiplying the area times the average depth. Subsection 207.05 shall include the following: Payment will be made under: Pay Item Topsoil Pay Unit Cubic Yard The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications, importing topsoil from other sources and testing cost associated with this topsoil will not be measured and paid for separately, but shall be included in the work. Stockpile Topsoil and spreading of topsoil will not be paid for separately, but shall be included in the work. END OF SECTION REVISION 29 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS CONSTRUCTED SURVEY) Section 208 of the Standard Specifications is hereby revised for this project as follows: Any "vehicle tracking pad" references within Section 208 shall have the same meaning as "stabilized construction entrance". Subsection 208.03 shall include the following: Erosion and sediment control measures shall be constructed at the locations shown in the Contract Drawings and in accordance with the plan and erosion control details (CDOT Standard Plan No. M-208-1). As the work progresses, the location and amount of erosion and sediment control installations may increase or decrease depending on specific site conditions and weather conditions. The full extent of erosion and sediment control installations will be determined on an as needed basis. Installations will be reviewed by the Contractor on a daily basis. The effectiveness of installations will be discussed at the construction progress meetings and revisions made accordingly. Replace the last paragraph of Subsection 208.04(e)1 with the following: No direct payment will be made for temporary stabilization. This work shall be considered subsidiary to the project. Subsection 208.10(b) shall include the following: The permanent BMPs to be surveyed will be discussed at the Environmental Preconstruction Conference. The results of the survey shall be provided on an electronic drawing of each BMP in AutoCAD format showing the information specified in section 6.1.3 of the CDOT Survey Manual. The survey shall be performed in accordance with the Section 6.1.3 of the CDOT Survey Manual. The Contractor may request copies of the AutoCAD electronic design files for the permanent BMPs if available. A draft of the printed copy of the AutoCAD format drawing shall be provided 14 days in advance of the final water quality project walkthrough. At the final water quality walkthrough the as constructed BMP survey shall be reviewed and any necessary revisions determined. The Contractor shall make the requested revisions as needed within 5 days of the final water quality walkthrough and submit final copies of the electronic files on a CD to the Project Engineer. Listed below are the permanent water quality BMPs to be surveyed: Type R Inlet L5 (10 Foot) w/ 24F SNOUTO & Sump Delete paragraphs 6, 7 & 9 of Subsection 208.11 and replace with the following: Removal of trash will not be measured but shall be conducted each day the construction activities are being performed. Erosion Control Supervisor will be measured by the total number of authorized 24 hour days used for erosion control services specific to this project. An authorized 24 hour day of ECS will be every calendar day that the ECS is required to be on the project performing the duties outlined in subsection 208.03(c). The Contractor shall record the tasks that were performed by the Erosion Control Supervisor. The records shall be submitted to the Engineer, weekly, after completion of the work, for approval and acceptance. Stabilized Construction Entrance will be measured by the actual number constructed and accepted. Revise Subsection 208.12 to include the following: 208.12 Erosion Control Supervisor and BMPs will be paid for at the Contract unit price for each of the items 30 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 listed below that appear in the bid schedule. Payment will be made under: Pay Item Erosion Log Aggregate Bag Concrete Washout Structure Storm Drain Inlet Protection (Type 1) Vehicle Tracking Pad Erosion Control Supervisor Pay Unit Linear Foot Linear Foot Each Linear Foot Each Hour April 14, 2016 Payment for each BMP item will be full compensation for all work and materials required to furnish, install, maintain, remove, and dispose of it. Payment for Aggregate Bag, will include a protective safety cone as directed by the City Engineer. Payment for Concrete Washout Structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. This includes, but is not limited to: excavation, embankment, liner, erosion bales, fencing, signing, and containment and disposal of concrete washout and all other associated waste material. Payment for Vehicle Tracking Pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately, but shall be included in the work. Payment for Erosion Control Supervisorwill be full compensation for the erosion control supervisor and all materials and equipment necessary for the ECS to perform the work. The ECS's commute time will not be measured and paid for separately, but shall be included in the work. Sod and mulching will be measured and paid for in accordance with Sections 212 and 213. Surveying of permanent BMPS will not be measured and paid for separately. All work and materials required to perform the permanent BMP survey and furnish the three electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for BMPs replaced as approved by the Engineer. Work performed to install measures for the control of erosion and sedimentation, and water pollution, for which there is no bid item originally included in the Contract will be considered extra work in accordance with subsection 104.03. Temporary erosion and pollution control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the approved contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. END OF SECTION REVISION 31 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 210 - RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.02 shall include the following: This work includes resetting an electrical box (private) and light standard (private) that are located on the northwest corner of Drake St. and Shields St. "in kind". The Contractor will need to coordinate with the Engineer and Property owner prior to resetting these private items. The work includes adjusting manholes to the proper finished grade as shown on the plans and conforming to the City of Fort Collins Stormwater Utility Construction Standards. This work includes modifying an existing manhole at the northwest corner of Drake St. and Shields St. to accommodate the new storm sewer system. The Contractor shall rebuild the top portion of the manhole above the existing 24" RCP to accept new 15" RC pipes connecting from the south and southeast. Subsection 210.10 shall include the following: Adjust Manhole and Valve Box This work shall consist of adjusting all frames; manhole rings or valve boxes as indicated on the drawings or as designated by the Project manager. The frames and boxes shall conform to the standard details. All structures located in bituminous pavements to be surfaced shall be adjusted through the top mat of asphalt. The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. All structures shall be adjusted to be 114", (+/-) 1/8" below the pavement surface. Adjustments shall be set such that the castings do not project above the new pavement surface, or more that 1/4" below the surface. Castings or structures shall not be adjusted until the leveling course is in place, if a leveling course is specified. Any necessary adjustments required to meet the specifications shall be performed at the expense of the Contractor. Adjust manhole consists of removing a section of pavement with a minimum diameter one foot larger than the structure, centered on the structure. This shall be accomplished by cutting vertical edges, adjusting the manhole by grouting concrete rings or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If the manhole is in concrete or in a composite pavement section the manhole shall be adjusted such that the ring is flush with the finished concrete grade. Paving rings will be utilized to bring the manhole cover up to final grade of the asphalt. All manholes shall be raised through the top lift. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and transverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced. Valve boxes located within the existing pavement shall be adjusted by removing the existing pavement around the valve box, adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If the Contractor is unable to turn up the valve box or is capable but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor. The excavation shall be backfilled with flow -fill (measured and paid for under flow -fill backfill) to the top of subgrade, and material of the same grade and quality as the adjacent pavement shall be placed. 32 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, the valve box shall be replaced at the Contractors expense. Adjustment of Water Valve Box: Shall include the installation and adjustment of a Tyler 6860 series model #69 adjustable riser. Before adjusting valve boxes to proper elevation, the asphalt or concrete shall be removed to form a smooth and uniform circle. Removal of the asphalt and/or concrete shall be included in the cost; it will not be measured and paid for separately. When adjusting existing valve boxes, reconnect existing tracing wire, if present. The adjustable risers shall be adjusted to the final grade during the paving operation (there will be no additional payment for this work -include the cost in this item. The lids are to be clean and free of asphalt after the completion of paving. Final elevation of the valve box shall be from 1/8 inch to 1/4 inch lower than the existing pavement. All valve boxes shall be installed to enable future adjustments for overlays. If required this item shall include the removal and replacement of the existing top section shall be fully exposed to the adjacent lower section and adjusted or replaced. The top section shall be adjusted to a height so that a Tyler 6860 series model #69 screw -in adjustable riser can be installed. If the existing top section does not have sufficient adjustment, to be raised or lowered, so that the Tyler 6860 series model #69 screw -in adjustable riser can be adjusted to final grade, the Contractor shall obtain a shorter or longer top section. In the event that the existing valve box casting is defective due to damage caused by the Contractor, the valve box casting shall be replaced at the Contractor's expense. If required this item shall include the removal and replacement of the existing lower section of the existing valve box. The entire length of the valve box shall be centered and plumbed over the operating nut. The valve body shall not support the valve box. If the existing valve box does not have sufficient adjustment to raise or lower to grade, the Contractor shall obtain the correct length bottom section. In the event that the existing valve box assembly is defective due to damage caused by the Contractor, the valve box assembly shall be replaced at the Contractor's expense. Subsection 210.13 shall include the following: Payment will be made under: Pay Item Pay Unit Reset Electrical Box (Private) Each Reset Light Standard (Private) Each Adjust Manhole (Sanitary) Each Modify Manhole Each Adjust Valve Box Each END OF SECTION REVISION 33 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 212.02 Seed, Soil Conditioners, Fertilizers and Sod. Replace "Species shall be as shown on the plans" (c) — Sod, with the following: Turfgrass Sod: Certified Approved Number 1 Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. Turfgrass Species: Sod of grass species as follows, with not less than 85 percent germination, not less than 95 percent pure seed, and not more than 0.5 percent weed seed: Type: Proportioned by weight as follows: 100 percent Kentucky bluegrass (Poa pratensis), a minimum of three improved varieties. CONSTRUCTION REQUIREMENTS Subsection 212.04 Lawn Grass Seeding. Bluegrass seeding is not a part of the project. Delete this section from the specifications. Subsection 212.05 Sodding, (c) Fertilizing and Soil Conditioning. Soil Conditioning - Soil conditioners (compost) was added to the pre -amended topsoil as described is Section 207. Additional / supplemental compost is not required as part of this Section. Fertilizing - Contractor to use the following placeholder types and quantities for the establishment of bid pricing only. Nitrogen (N) Phosphorous (P) Potassium (K) Calcium (Ca) Magnesium (Mg) 35 lbs. / acre 40 lbs. / acre 300 lbs. / acre 2,000 lbs. / acre 600 lbs. / acre Examination. Verify rough grading is within one -tenth of a foot. Verify site is free from obstructions, objects, or structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor shall be responsible for bringing all grading to final line and grade and creating positive drainage. Clearing. Prior to soil preparation, existing vegetation not to remain and which might interfere with the specified soil preparation shall be cleared, grubbed, raked, and the debris removed from the site. Prior to or during grading or tillage operations the ground surface shall be cleared of materials which might hinder final operations. Protection - Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface 34 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 element that may be damaged during ripping operations. Stake and/or paint locations with an easily visible system that will enable equipment operators to avoid damaging buried utilities. Roundup (glyphosate) Application. Apply to areas to be seeded a minimum of two (2) weeks after topsoil has been distributed and prior to seeding. Apply Roundup only when weeds are growing vigorously. Apply at manufacturers maximum recommended rate. METHOD OF MEASUREMENT Subsection 212.07 Delete paragraph 3. from the specifications. Soil conditioning is not required here, as it has been included in Section 207 — Topsoil, and pre -blended as part of the imported topsoil work. BASIS OF PAYMENT Subsection 212.08 Delete "Lawn Seeding" from the payment schedule. Delete "Soil Conditioning" from the payment schedule. Finish grading, utility locates, fertilizer and herbicide application will not be measured and paid for separately, but shall be included in the work. Payment will be made under: Pay Item Pay Unit Sodding Square Foot END OF SECTION REVISION 35 F3 1;;ieaMh 26 13-effing ----- Around i Maps & Data Sources -------- ---- ---------- Tasks Analysis ------ ----- + WMap To. Pan Z.—In Z-0.1 Initial Full P-101. Ke.I POIAII :P.Display tor. Extent EAWnt Extent E,1r4 id"W K". 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SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 212 —TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: 1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. 2) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. 3) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5times the diameter of the drip line unless otherwise indicated. 4) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high- density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 Iblft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. Height: 4 feet Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection City of Fort Collins Forestry Division All tree protection and replacement requirements in LUC 3.2.1.F.G. shall be followed. Existing trees shall be inventoried. All existing trees in the potential construction impact zone shall be numbered and identified by species, size, condition, intent to save or remove and mitigation. All tree pruning, removal and protection shall adhere to the requirements found in the City of Fort Collins Tree Management Standards and Best Management Practices manual which was approved by the City Manager March 31, 2010. Existing trees marked for protection and preservation shall not be removed. 36 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 4. The critical root zone of each existing tree designated to be preserved shall be protected so that soil compaction does not occur. This will include restricting equipment use and material storage in the critical root zone of each tree. 5. Avoid cutting surface roots whenever possible. All grading, sidewalk and paving levels should be contoured sufficiently to avoid root or trunk damage. At any location where roots need to be disturbed or cut, contact the City Forestry Division for review prior to any disturbance or cutting. 6. When root cutting is necessary, the cuts should be made using a sharp saw or appropriate tool so that extra root tissue is not damaged. Cuts should be smooth, flush and completed very quickly after root exposure occurs. Once the root cutting is complete, immediately cover the exposed root tissue with good soil and then water the area to avoid root dehydration. Root pruning shall be reviewed by the City Forestry Division and performed by a certified arborist for any roots over 2" in diameter. 7. Tree protection shall be set up and implemented prior to construction. Tree protection shall incorporate the following criteria: a. All existing trees to be retained in close proximity to any construction activity shall be protected using a fencing material that meet or exceed the following criteria: 1) Fencing material would have a minimum height of 5 feet. 2) Fencing may consist of orange snow fencing or other suitable material. 3) Protection barrier fencing shall be supported by 1" X 1" metal posts or similar sturdy stock. 4) Concrete blankets or other suitable material shall be wrapped around the trunk of trees that are in close proximity to actual construction activities. At a minimum, the bottom 6 feet of the trunk shall be wrapped. b. The actual location of tree protection fencing should be determined by an onsite meeting between the Forestry Division representative and the appropriate contractor representative. c. Partial fencing within the protection zone may be required as necessary. d. There shall be no movement of equipment or storage of equipment, materials, debris, or fills or cuts within the critical root zone area unless approved by the City Forestry Division. e. Modification or removal of tree protection fencing or blanket wrap must be approved by the Forestry Division prior to the removal of such protection. 8. Within the drip line of any tree marked for retention and preservation, there shall be no cut, excavation or fill unless a qualified arborist or forester has evaluated and approved the disturbance. Approved cut, excavation or fill within the drip line of existing trees must be accomplished using methods approved by a qualified arborist and City Forestry Division. This may include the required use of hand tools or an air spade when necessary. 9. In order to protect the critical root zone of each tree, or group of trees, to be retained, the following criteria must be followed: a. Equipment or material shall not be washed, cleaned or rinsed within the drip -line of any trees. b. Equipment or materials shall not be stored within the drip -line of any trees. c. Potentially harmful materials such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree shall be kept out of the drip -line of any tree. 10. Attachments such as wires, cables, winches, ropes, signs, notices or permits shall not be fastened to any protected tree. 11. All protected existing trees shall be pruned to the City of Fort Collins Forestry Standards. All required or optional tree removal or pruning shall be performed by a private tree service holding a current City of Fort Collins Arborist license. 12. Applying thick layers of wood mulch over a portion of the root system of existing trees may be directed at individual locations to adequately prevent soil compaction during construction activity. 13. Loss or potential injury to any tree(s) shown to be retained due to contractor neglect or improper construction activities will result in a penalty of up to full damages for the assessed value of the tree(s) as determine by the City Forestry Division or qualified arborist using the Council of Tree an Landscape Appraiser Guide for Plant Appraisal (most recent edition). Full loss or partial injury value will be assessed to the contractor. 37 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 14. A fine of one -thousand dollars may be levied against the contractor for each incident of unnecessary damage to existing trees by not following the tree protection notes. If a financial penalty is not imposed for a violation, the City project manager shall document the incident with an explanation of why a fine was not imposed. 15. The contractor is responsible for scheduling tree inspections with the City Forester or consulting arborist at critical phases of the project. There shall be daily coordination of field crews by the contractor during the critical phases of the project to ensure the tree protection specifications as well as the direction received from the City Forester or a consulting arborist is followed. Critical phases are defined as work being conducted in proximity of trees to be protected or transplanted where any form of damage could occur. Examples could be demolition of existing concrete, root pruning, construction of retaining walls and construction of new curb. 16. The City Forestry Division shall be notified prior to any trenching, excavation or construction activity known, or suspected, to involve cutting roots or damaging any of the above ground portions of a preserved or transplanted tree. 17. When raising the grade around a tree, a dry well is required, when lowering the grade around a tree, a retaining wall is required. In such instances approval is required by the City Forester. 18. Irrigation lines or any underground fixture requiring excavation deeper than six inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty- four inches. The auger distance is established from the face of the tree (outer bark) and is scaled from tree diameter at breast height (see table). 19. Soil cultivation should not exceed 2 inches in depth within the drip line of any existing protected tree. The grade should also not be raised more than 2 inches within the drip -line of any existing protected tree. Tree Diameter at Breast Height (inches) Auger Distance From Face of Tree (feet) 0-2 1 3-4 2 5-9 5 10-14 10 15-19 12 Over19 15 Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Tree Retention and Protection END OF SECTION REVISION Pay Unit Lump Sum 38 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 213— MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: Section 213 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 213.01 Add to the description as follows: "...work also consists of furnishing and placing aggregate inorganic mulch to include — 1.5" dia. Tan River Rock, 3" to 6" dia. Tan River Rock and 8" to 12" dia. River Cobble; and Landscape Boulders, and landscape weed barrier fabric. MATERIALS Subsection 213.02 Wood (Organic) Mulch. Delete the "wood chip mulch" specified and replace with the following: Wood (Organic) Mulch: Ground or shredded, 4" depth (minimum) — no weed barrier required. Steel Landscape Edging. Delete the "Steel Edging" specified and replace with the following: Steel Landscape Edging. Contractor to provide commercial -steel header, rounded top edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes as follows: Manufacturers: COL -MET Commercial Grade Steel Edging (1101) or approved substitute. Edger Size: 1/8" thick by 4 inches Stakes: Tapered steel, a minimum of twelve inches (12"). Accessories: Standard tapered ends, corners, and splicers. Finish: Standard paint — Green. Add to this sub -section as follows: Landscape Weed Barrier Fabric. Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and model number/name of proposed weed barrier to be used. In -organic Mulch — 1.5" dia. Tan River Rock. 3" deep, hard, durable stone, washed free of loam, sand, clay, and other foreign substances. In -organic Mulch — 3" to 6" dia. Tan River Rock. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances. In -organic Mulch — 8" to 12" dia. River Cobble. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances. 39 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Landscape Boulders. Stone Type: Colorado Buff Sandstone Approved Suppliers A. Trinity Stone (Fort Collins), 970.222.2141 B. Tribble Stone (Boulder), 303.444.1840 C. Colorado Materials (Longmont), 303.682.2314 D. Or approved equivalent. Boulder sizes shall be as indicated on the plans. Quantities and locations as identified on the plans. CONSTRUCTION REQUIREMENTS Subsection 213.03 Revise (e) Steel Landscape Edging to read as follows: April 14, 2016 Install by laying out beds scaled from the plans. Stake, flag, or paint proposed beds prior to installation of edging and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and stake at minimum ten (10) foot intervals. Establish top of header one inch (1") above finish grade in turf areas. Install using straight lines or long smooth curves. Provide v-shaped drainage openings two inches (2") wide and one inch (1") depth at low points in the bed, at outlet point for drainage appurtenances such as downspouts including overflow drains and at ten (10) foot intervals maximum. Do not install steel landscape edger around mulch rings in lawn areas. Add (g) Landscape Weed Barrier Fabric as follows: Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for seven (7) days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch in four -inch (4") depth layer. Gently brush mulch off of plants once installed. Take care in placement not to damage planted materials. Prior to placing in -organic mulch, install landscape weed barrier fabric according to manufacturer's written instructions. Completely cover area to be rock mulched (or as described on the Drawings) overlapping edges a minimum of six -inches (6"). Seams and edges shall be pinned at 12" min intervals. Add (i) In -organic Mulch — 1.5" dia. Tan River Rock as follows. - Apply 3-inch average thickness of rock mulch, and finish level with adjacent finish grades. Landscape fabric is required in river rock mulch areas. Add (j) In -organic Mulch — 3" to 6" dia. Tan River Rock as follows. - Apply 3-inch to 6-inch (single layer, completely covering the weed barrier fabric) compacted average thickness of 3-inch to 6-inch mulch, and finish level with adjacent finish grades. Landscape fabric is required in all 3-inch to 6- inch river rock mulch areas. Add (k) lo-organic Mulch — 8" to 12" dia. River Cobble as follows: Apply a single layer of mechanically placed, followed by hand placed/distributed. Landscape fabric is required beneath all 8-inch to 12-inch river cobble. Add (m) Landscape Boulders as follows: 40 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 A. Placement of Landscape Boulders: April 14, 2016 1. Prior to installation of boulders, excavate areas where boulder will be placed, and compact subgrade soils beneath boulders, as indicated in the drawings. 2. Place boulders with most attractive face oriented towards sidewalk/street, unless otherwise noted or directed by the Owner's Representative. 3. Bury approximately 1/3 the height of the boulder, unless otherwise noted. 4. Locations and quantity shall be as indicated in the Drawings. Final placement of boulders shall be reviewed and approved on site by the Owner's Representative prior to placing paving, surfacing and landscaping in abutting areas as required. 5. Use protection (rubber pads or carpet) on equipment to reduce scaring. METHOD OF MEASUREMENT Subsection 213.04 The quantity of Landscape Weed Barrier Fabric will be measured by the actual square yards placed. Pins for weed barrier placement will not be measured separately, but shall be included in the work. The quantity of 1.5" dia. Tan River Rock will be measured by the actual tonnage of material placed. The quantity of 3" to 6" dia. Tan River Rock will be measured by the actual tonnage of material placed. The quantity of 8" to 12" dia. River Cobble will be measured by the actual tonnage of material placed. The quantity of Steel Landscape Edging will be measured by the actual linear feet placed. Pins for steel edging placement will not be measured separately, but shall be included in the work. Landscape Boulders will be measured by the actual quantities, in the specific sizes identified on the plans. Excavation and backfill for boulder placement will not be measured separately, but shall be included in the work. BASIS OF PAYMENT Subsection 213.05. Add the following line items to the Pay Schedule as follows: Payment will be made under: Pay Item Mulching (Wood Chip) Inorganic Mulch — 8" to 12" River Rock/Cobble Inorganic Mulch — 3" to 6" Tan River Rock Inorganic Mulch — 1.5" Tan River Rock Landscape Weed Barrier Fabric Steel Landscape Edging Landscape Boulder —'A' Boulder Landscape Boulder — `B' Boulder Landscape Boulder — `C' Boulder Pay Unit Cubic Foot Ton Ton Ton Square Yard Linear Foot Each Each Each END OF SECTION REVISION 41 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 214 — PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 214.02 shall include the following: Plant List. A plant list is provided on the plans. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the plans shall govern. Guying and Staking. Material includes 14 AWG wire with 1/2" x 12" PVC sleeves and stake protection cap per each stake. CONSTRUCTION REQUIREMENTS Subsection 214.04 Landscape Establishment. The duration of the Landscape Establishment period shall be from initial installation thru final acceptance. Subsequent maintenance and warranty replacements shall be the City's responsibility following final acceptance for the entire/completed project. The contractor shall NOT be responsible for any warranty requirements on the irrigation or landscaping following final acceptance. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer, and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected, dead or dying material will be made, and corrective and necessary cleanup / replacement measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed by the City's Project Manager or City Forester. Plant replacement shall be performed during the spring planting season or at the beginning and end of the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the original contract specifications and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. Subsection 214.04 Delete paragraphs 5. and 6. and replace with the following: The trees and shrubs planted by the Contractor shall be watered 20 gallons twice per month per tree and two gallons twice per month per shrub by the Contractor until the irrigation system on private property is restored and accepted. At that point, the private property owner will be notified that the trees and shrub's care will be their responsibility. The contractor will be responsible for the warranty of the trees and shrubs through the warranty period. Periodic inspections will be conduction by project owner / staff and the Contractor will be notified of any issues of establishment or growth as found. 42 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 METHOD OF MEASUREMENT Subsection 214.05 shall include the following: Soil material for tree, shrub, ornamental grass and perennial backfill mix, guy, webbing, tree stakes, protective caps and PVC pipe sleeve and wrap for trees, will not be measured and paid for separately but shall be included in the work. BASIS OF PAYMENT Subsection 214.06 Delete the fifth paragraph and replace with the following: The initial watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the price of the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured and paid for separately but shall be included in the work. Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be included in the work. Subsection 214.06 Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection. Payment will be made under: Pay Item Deciduous Canopy Trees Ornamental Trees Evergreen Shrubs Ornamental Grasses/Perennials END OF SECTION REVISION PaV Unit Each Each Each Each 43 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 250 — ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: Subsection 250.01 shall include the following: Smith Environmental and Engineering conducted an Initial Site Assessment (ISA) for the Drake & Shields Intersection Improvements project. In the ISA report there was evidence of underground tanks not in the project area but in the adjacent area. For details please refer to Appendix B for the ISA Report. END OF SECTION REVISION 44 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 304 — AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: METHOD OF PAYMENT Subsection 304.07 Add the following: Aggregate Base Course will be measured by the Ton compacted in place. In full depth reconstruction areas of the roadway assume 12" ABC. In the raised median, 8" ABC will be assumed under the raised median concrete cover material. BASIS OF PAYMENT Subsection 304.08 Add the following: Payment will be made under: Pav Item Aggregate Base Course (Class 5 or 6) END OF SECTION REVISION Pay Unit Ton 45 North/South Street: Shields East/West Street: Drake Time: AM ICU Number: 48 Shields 07:30 AM 10 130 21 07:45 AM 4 118 36 Total ! 14 _ 248 57 08:00 AM' 8 122 20 0115 AM 3 117 34 Grand Total 25 487 111 Apprch % 4 78.2 17.8 Total % 0.8 16.2 3.7 City of Fort Collins Traffic Operations 626 Linden Street, PO Box 580 Fort Collins. CO 80522-0580 Peak Hour Turning Movement Study Drake Total Rl ht I Thru I Lett 161 20 47 10 158 32 46 28 319' 52 93 38 1511 28 60 17 154 22 62 11 623 102 215 66 26.6 561 17.2 20.7 3.4 7.2 2.2 Shields Northboun4 toral _ Ri ht Thru Left 77 1 37 193 15 106 55 240 20 183, 92 433 35 105 53 176 17 95 43 196 20 383 188 805 72 17.7 75.6 6.8 12.7 6.3 26.8 2.4 File Name : shields & drake 8-7-14 Site Code : 00000048 Start Date : 8/7/2014 Page No 1 Drake 2451 28 167 29 224 707 315 1 213_._ 31_ 280 859 5601 ___36 64 380 60 ___ 504' 1566 2461 28 164 38 230 731 259 i 21 141 39 201 709 1065 113 685 137 935 3006 12.1 73.3 14.7 35.4. 3.8 22.8 4.6 31.1 Shields Out III Total 1.044� 166 25; 487. 1111 Right Thru Left 4-j L+ ` 1 P�IWth-�-ea k-� c N t _ G i e �—� annola ol:so AM — ( 8171201408'15AM �• f0 m �—V c Ttwu Right _ .�8051 188 I loss Ci31. Out In Total Sha PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 403 - HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Table 403-1 Value For Gradin Property Test Method S (100) S(75) Air Voids, percent at: N CPL 5115 3.5-4.5 3.5-4.5 (design) Lab Compaction 100 75 (Revolutions): N (design) CPL 5115 Stability, minimum CPL 5106 30 28 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at CP 45 90 90 least 2 Mechanically Induced (80 for SG) (80 for SG) fractured faces, % minimum Accelerated Moisture CPL 5109 80 80 Susceptibility Tensile Strength Method B Ratio Lottman), minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) Strength, kPa (psi) Method B Grade of Asphalt Cement, Top Layer Grade of Asphalt Cement, PG 64-22 PG 58-28 Layers below To Voids in the Mineral Aggregate CP 48 (VMA) % minimum Voids Filled with Asphalt Al MS-2 65 - 75 65 — 80 VFA), % Dust to Asphalt Ratio Fine Gradation Coarse Gradation CP 50 Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of % inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 46 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum ***Design Air Voids ** Size*, mm (inches) 3.5% 4.0% 4.5% 37.5 (1'/2) 11.5 12.0 12.5 25.0(1) 12.5 13.0 13.5 19.0 (3/<) 13.5 14.0 14.5 12.5 ('/z) 14.5 15.0 15.5 9.5 (%) 15.5 16.0 16.5 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *"* Extrapolate specified VMA values for production air voids beyond those listed. April 14, 2016 The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S). A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Subsection 403.04 shall include the following: Near the Median area, assume 5" of HMA will be necessary for the bottom course and then it will be finished with the 3" Overlay For full depth reconstruction areas the pavement section shall be: 3" of HMA (Grade S) (100) (PG 64-28) (Modified Binder Mix w/ Modified Oil) 5" of HMA (Grade S) (75) (PG 58-28) (2 - 2'/2" Lifts) For Overlay areas the pavement section shall be: 3" of HMA (Grade S) (100) (PG 64 - 28) (Modified Binder Mix w/ Modified Oil) Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton complete in place for the bituminous mixture. 47 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Payment will be made under: April 14, 2016 Pay Item Pay Unit Hot Mix Asphalt (Patching) (Median) (Grading S 75)(PG 58-28) (Assumed 5") Ton Hot Mix Asphalt (Grading S 75)(PG 58-28)(Assumed 5") Ton Hot Mix Asphalt (Grade S 100)(PG 64-28)(Assumed 3")(Overlay) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. The pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. Emulsified asphalt for prime and tack coats will not be measured and paid for separately, but shall be included in the Hot Mix Asphalt pay items. END OF SECTION REVISION 48 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 504 - CONCRETE WALL Section 504 of the Standard Specifications are hereby revised for this project as follows: Subsection 504.01 shall include the following: The work shall consist of a complete in place 6" wide concrete wall with a 6" thick sidewalk and rebar as shown in the plans. The concrete wall is located along Shields Street on the east side of the roadway at approximately Station 7+85 to 8+90 on the Cimarron Square Homeowners Association Property. Subsection 504.04 shall include the following: The concrete wall on the Cimarron Square Homeowners Association Property will be paid for by the linear foot. Construction will conform to the detail provided in the plan set and will include all excavation, materials, rebar, saw cutting, finishing, backfill, equipment, labor, etc. required for complete installation and all associated work not covered under another item. Subsection 504.05 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete Wall (6" Wide Wall with 6" Thick Sidewalk) Linear Foot END OF SECTION REVISION 49 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 504 — MASONRY BRICK WALL Section 504 of the Standard Specifications are hereby revised for this project as follows: Subsection 504.01 shall include the following: This work consists of the construction clean new brick masonry including mortar, grout, ties, anchors, accessories, and removal of surplus material and waste in accordance with these specifications, and in conformity the plans. The work shall consist of a complete in place 12" wide masonry brick wall and rebar as shown in the landscape plans. The masonry brick wall is located along Shields Street on the west side of the roadway at approximately Station 10+65 to 11+09. Subsection 504.02 shall include the following: Brick shall meet the following requirements (a) Reference Standards: A. AASHTO M 114. B. ASTM E514: Standard Test Method for Water Penetration and Leakage Through Masonry. Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. C. ASTM: American Society of Testing and Materials. D. ASTM C144: Standard Specification for Aggregate for Masonry Mortar. E. ASTM C150: Standard Specification for Portland Cement. F. ASTM C270: Standard Specification for Mortar Mix. G. ASTM C476: Standard Specification for Mortar and Grout for Reinforced Masonry. H. ASTM E514: Standard Specification for Moisture Resistance in Masonry Assemblies. I. PCA, current edition. (b) Clay Bricks: A. Finish: Finish of new brick shall match finish of brick on existing sign adjacent to new wall. B. Color(s): Match color(s) of brick on existing sign adjacent to new wall. C. Depth: 3 5/8" D. Standard Height: 2 1/4". E. Length: 7" F. Corners: Include corner bricks (c) Brick Suppliers: A. Suppliers meeting the requirements of the section are acceptable as approved by the Engineer prior to bidding. (d) Sandstone Wall Caps: A. Colorado Buff Sandstone. Sandstone dimensions shall be as indicated in the drawings. (e) Approved Stone Suppliers: A. Arkins Park Stone Quarries, Masonville, CO. B. Loukonen Brothers, Lyons, CO. 50 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 C. Tribble Stone, Boulder, CO D. Other quarries meeting the requirements of this section are acceptable as approved by the Engineer prior to bidding. (f) Mortar and Grout Materials A. Portland Cement: ASTM C150, Type 1, natural. B. Hydrated Lime: ASTM C207, Type S for new construction. C. Aggregate Sand: ASTM C144. D. Coarse Aggregate for Grout: ASTM C404, less than 3/8". E. Water: ASTM C270, clean and suitable for domestic consumption. F. Mortar Coloring: Integral mortar color by Solomon Colors, Springfield, IL, (800) 624-0261, or approved equivalent. Solomon 10H-Light Buff as basis of design. Design intent shall be to match the predominant brick color, Section 04400. G. Admixtures: Pozzolan with approval; calcium chloride not permitted H. Integral Water Repellent: Integral polymeric -based water repellent admixture, conforming to ASTM E514 and achieving an E (Excellent) rating, RainBlok for Mortar by ACM Chemistries, Inc., Norcross, GA, (877) 226-1766, or approved equal. Integral water repellent shall be used in all exterior brick masonry construction. (g) Mortar and Grout Mixes A. Mortar Mixes: ASTM C270, Type N mortar with hydrated lime for new veneer masonry construction. Minimum compressive strength of 750 psi at 28 days, or as indicated on the Structural Drawings: 1. 1 part Portland cement, Type 1. 2. 1/4 to 1/2 part hydrated lime. 3. 2-1/4 to 3-1/2 parts damp, loose sand. 4. Integral water repellent. 5. Mortar coloring. B. Masonry Grout Mix: Minimum compressive strength of 3,000 psi at 28 days.- 1 . 1 part Portland cement, Type 1. 2. 2-1/4 to 3 parts damp, loose sand. 3. 1 to 2 parts coarse aggregate. 4. Pozzolan as per manufacturer's recommendations. 5. Air entrainment shall be not more than 5% by volume. C. Mixtures may change as per manufacturer's recommendations to meet requirements. (h) Masonry Accessories A. Brick Masonry Veneer Ties: per plans and details. B. Anchors: Furnish and set stainless steel anchors, ties and dowels. (i) Sealer A. Clear Masonry Sealer: None. 51 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 Subsection 504.03 shall include the following: Submittals Supplierand Installer: Submit name of installer and manufacturer from which brick will be received for approval by the Owner. Contractor Qualifications: Installer shall have five (5) years successful experience installing brick on projects of similar scale and complexity. Brick Samples: Submit sample board of brick material for approval before delivery to the site. Alternately, submit multiple individual bricks. Samples shall include shapes, sizes and kinds in sufficient number to show full range of size, color, cut and texture of each type of brick specified. Final approval shall be by the Owner. Sandstone Cap Sample: Submit 12" x 12" x 3" thick sample of stone Product Data: Submit manufacturer's product data and specifications for each type of mortar specified, including certification that each type complies with the specifications. Samples: Submit samples of manufacturer's full range of mortar colors for selection by the Architect. Mortar Analysis: Submit three (3) copies of the existing mortar analysis. Inspection and testing shall be performed by an independent testing laboratory, approved by the Architect, conforming to ASTM E149, E514 and C270. Testing fees shall be paid as specified in the General and Supplementary Conditions. Test samples shall be taken at random to provide sampling over the course of work. Materials not conforming to these specifications shall be removed from the job and replaced. Delivery, Storage and Handling Deliver brick material to the site on platforms or pallets. Keep brick completely covered and free from frost, ice and snow. Handle brick carefully to avoid chipping, breakage, contact with soil or contaminating materials. Store mortar materials in dry place. Damaged materials shall not be used. Environmental Conditions Maintain materials and surrounding air temperature to minimum 50' F prior to, during and 48 hours after completion of brick work. During freezing or near -freezing weather, provide adequate equipment or cover to maintain a minimum temperature of 50' F and to protect brick work completed or in progress. Maintain temperature of mortar and grout between 701 F and 1000 F. Contractor shall use only one (1) type mortar to ensure uniform color. Masonry cement is not permitted. Protect partially completed brick masonry against weather when work is not in progress by covering top of walls with strong, waterproof, non -staining membrane. Extend membrane at least 2' down both sides of walls and anchor securely in place. Cold Weather Installation: A. Do not use frozen materials or materials mixed or coated with ice or frost. B. Do not use anti -freeze compounds, calcium chloride or substances containing calcium chloride in mortar or grout. 52 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 C. Do not build on frozen work. Remove and replace work damaged by frost or freezing. D. Do not heat water above 1060 F. E. When mortar or grout materials have been combined, temperature of the mixture shall not be less than 700 F or more than 1000 F. Materials shall be preconditioned and protected as follows: 1. When air temperature is below 400 F and above 320 F, heat mixing water. Protect masonry from rain or snow for 24 hours by means of waterproof covers. 2. When air temperature is below 320 F and above 200 F, heat both sand and mixing water. Maintain a temperature of at least 400 F on both sides of walls by means of suitable covers or enclosures for 24 hours. 3. When air temperature is 20' F and below, heat sand, mixing water and block and provide heated enclosures. A temperature of at least 400 F shall be maintained within enclosures for 48 hours. 4. Periods required for protection and maintenance of specified temperatures may be reduced to 1/2 of those specified herein before if Type III Portland cement is used with the Engineer's approval. G. Hot Weather Installation: 1. During very hot weather and drying wind, the Engineer may order very light fog spray of mortar bedding areas several times during the first 24 hours to prevent premature drying of mortar. Masonry Installation (a) General: A. Brick Masonry Installer shall check lines and levels and verify existing conditions prior to commencing work of this Section. Notify the Contractor in writing of conditions or discrepancies which may affect the successful installation of the brick masonry work. Do not begin work until conditions are corrected in a manner acceptable to the Installer. B. Ensure items built-in by other trades for this work are properly located and sized. C. Establish lines, levels and coursing. Protect from disturbance. Place brick masonry in accordance with lines and levels indicated on the Drawings. D. Ensure that wall ties are been properly located and installed. E. Clean and dry brick units prior to installation. (b) Installation of Veneer Ties. Install corrugated masonry veneer ties in dovetail wall anchor slots in concrete columns at regular intervals not to exceed 16" o.c. both ways over the face of the concrete. (c) Installation of Masonry Anchors. Install cast -in dovetail masonry anchors and slots in accordance with manufacturer's written instructions and recommendations. Properly install and embed anchors into mortar for random or coursed ashlar installations not to exceed 16" o.c. 53 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 (d) Mortar Batch Control April 14, 2016 A. Measure and batch materials either by volume or weight such that the required proportions for mortar can be accurately controlled and maintained. B. Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer. Hand mixing in a wheelbarrow or other uncontrolled method is not acceptable. C. Do not use mortar which has begun to set or if more than 2-1/2 hours has elapsed since initial mixing. Retemper mortar during 2-1/2 hour period as required to restore workability. 1. Ensure addition of integral water repellent for exterior masonry construction, proportioned as recommended by the manufacturer. D. Colored Mortar: If colored mortar is specified, mortar color shall be pre -blended, not field mixed. E. Use mortar within two (2) hours of mixing at temperatures over 80 degrees F, and 2-1/2 hours at temperatures under 50 degrees F. (e) Joints A. General: Lay coursed modular units with 3/8" joints, unless otherwise indicated, except for minor variations required to maintain bond alignment. B. Rake out mortar in preparation for application of caulking or sealants where shown. E. Remove excess mortar and smears upon completion of work. F. Point out or replace defective mortar to match adjacent work. G. Clean soiled surfaces using a non -acidic solution which will not harm adjacent surfaces. Consult masonry manufacturer for acceptable cleaners. (d) Installation of Brick Masonry and Sandstone Caps A. Lay, level and align corner units first. Lay brick masonry in running bond. B. Ensure that courses are of uniform height. Make vertical and horizontal joints equal and of uniform thickness to match existing. C. Tolerances: Maximum variation from brick unit to adjacent brick unit to be 3/32". D. Joint width shall be 3/8" nominal to match balance of masonry work, unless otherwise shown. E. Do not shift or tap brick and stone units after mortar has taken initial set. Where adjustment must be made, remove mortar and replace. (e) Mortar Bedding and Joints A. Head joints shall be well buttered for thickness equal to 1/2 face dimension of unit or panel and shall be shoved tightly so that mortar bonds well to both units. B. Joint Width: As specified above. (0 Tooling A. Exposed Joints: Tool joints as scheduled. Rake out mortar in preparation for application of caulking or sealants as required. B. Exterior Face of Exterior Walls: Tooled joints to match existing. C. Concealed Joints: Cut joints flush, unless otherwise shown. D. Exposed Bench Seat Slab Joints: Tool joints, except exposed horizontal joints shall be cut flush. E. Joints which are not tight at the time of tooling shall be raked out, pointed and then tooled. 54 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 (g) Cutting and Fitting April 14, 2016 A. Cut and fill for fasteners, mounting plates, pipes, conduit sleeves and other items as required. Cooperate fully with other Sections to ensure correct size, shape and location. B. Obtain Engineer's approval prior to cutting or fitting any area which is not indicated on the Drawings or which may impair appearance or strength of masonry work. (h) Cleaning and Protection A. General: New masonry shall be thoroughly cleaned upon completion of the work. B. Remove and replace broken or fractured brick and stone units. Remove excess mortar and smears upon completion of work. Point or replace defective mortar to match adjacent work. C. Clean soiled surfaces exposed to view using a non -acidic solution which will not harm brick or adjacent materials. Consult manufacturer for acceptable cleaners. Use non-metallic tools in cleaning operations. Leave surfaces prepared for further sealers or coatings, if specified. (i) Field Quality Control A. General: Installation of brick masonry units, stone, mortar and grout, and workmanship of joints shall be in accordance with the standards approved in the sample panel. B. Brick and stone masonry units shall be sound and free of cracks or other defects that may interfere with the proper placing of the unit or impair the strength or performance of the construction. C. Face or faces that are exposed shall be free of chips, cracks or other imperfections to the satisfaction of the Architect and Owner, except that chips not larger than 1/4" will be considered acceptable on a very limited basis. D. Contractor shall promptly remove rejected brick and stone units or portions of the work and replace to match the quality of the approved sample panel. Subsection 504.04 shall include the following: The masonry brick wall will be paid for by the linear foot. Construction will conform to the detail provided in the plan set and will include all excavation, materials, waterproofing, rebar, saw cutting, finishing, backfill, equipment, labor, etc. required for complete installation and all associated work not covered under another item. Brick Masonry Veneer will be measured by the square foot of veneer constructed and accepted. Wall anchors, wall ties, mortar and grout will be considered incidental to the work and will not be measured and paid for separately but shall be included in the work. Sandstone Cap will be measured by the linear foot of stone cap constructed and accepted. Wall anchors, dowels, wall ties, mortar and grout will be considered incidental to the work and will not be measured and paid for separately but shall be included in the work. 55 North/South Street: Shields East/West Street: Drake Time: NN ICU Number: 48 City of Fort Collins Traffic Operations 626 Linden Street, PO Box 580 Fort Collins, CO 80522-0580 Peak Hour Turning Movement Study Groups P1 Shields j Drake Southbound Westbound Start Time _ Right Thru Left AEF. Torai Right I Thru Left Epp 12:00 PM 23 167 59 249 68 121 30 12:15 PM 14 159 62 235 50 116 35 12.30 PM: 19 176 60 255 76 94 32 _12:45 PM 22 155 66 243 64 97_ 39_ Total 78 657 247 9821 258 428 136 Grand Total 78 657 247 9821 258 428 136 Apprch % 7.9 66.9 25.2 31.4 52.1 16.5 Total % 2.3 19.4 7.3 29 I 7.6 12.6 4 File Name : shields & drake 8-7-14 Site Code : 00000048 Start Date : 8/712014 Page No : i U_nshifted Shields 219 35 165 24 2241 28 119 32 1791 871 201 22 144 19 185, 26 117 21 164 785 202 200 27 39 151 161 38 41 216 241 25 44___ 108 124 27 44 160 _212 833 896 822 123 621 122 866 123 468 124 715 3385 822 123 621 122 8661 123 468 124 715 3385 14.2 71 7 14.1 1 17.2 65.5 17.3 24.3 3.6 18.3 3.6 2561 3.6 13.8 3.7 21 A Shields ut _ In Total 1 1003 786571 247 Ri ht Thru Left i L► North --0z a m C r F—► 8/712014 12:01) PM d 8/7/2014 12'.45 PM m; I m UnshiNecl o, 122 621T 123' _2!6j 9 F L7-4Z out In Total PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Subsection 504.05 shall include the following: Payment will be made under: Pay Item Pay Unit Masonry Brick Wall (12" Wide Wall) Linear Foot END OF SECTION REVISION REVISION OF SECTION 601 - CONCRETE FINISHING April 14, 2016 Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. END OF SECTION REVISION 56 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 603 - CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project to include the following: Subsection 603.02 shall be revised to include the following: All reinforced concrete pipe and bends shall be Class III unless otherwise specified in the plans. Reinforced concrete pipe and bends shall also meet the minimum requirements for Class 2 sulfate resistance (refer to Section 601 of the Standard Specifications). Pipe joints for reinforced concrete pipe shall be bell and spigot complying with the applicable requirements of ASTM C 361. The spigot end shall be of a grooved or -profilell design to accommodate an appropriate rubber 0- ring or -profilell gasket conforming to the requirements of ASTM C 361. Subsections 603.03 through 603.10 shall be revised to include the following: Culvert pipes and bends shall be constructed continuously, from downstream to upstream, except when otherwise approved by the Engineer. The Contractor is responsible for matching line and grade as shown within the Contract Drawings. Bedding material shall be placed in accordance with the Contract Drawings and applicable Standard Details to provide uniform and continuous support. Culverts and pipe shall be placed with the groove end facing upstream. Each conduit section shall be set into position and checked for line and grade prior to continuing placement. The manufacturer's recommendations shall be closely followed during installation. The Contractor shall ensure that all installed culverts are kept clean and free from gravel, dirt and debris during and after installation. The Contractor shall incur all costs associated with street failures, cave-ins, system washout and settlements, and culvert cleaning as a result of carelessness during this timeframe. Subsection 603.11 shall include the following: Pipe shall be measured on a per linear foot basis for the actual number of linear feet of specified pipe installed. Subsection 603.12, delete the 2"d to the last paragraph and replace with the following: Payment will be made under: Pay Item Pay Unit 15 Inch Reinforced Concrete Pipe (Complete In Place) Linear Foot Payment shall include but is not limited to all excavation, disposal of excess material offsite, shoring and bracing, bedding and backfill material (including filter material and geotextile, flowable fill), furnishing and installing pipe, cleaning existing pipe, lining of pipe, grout, backfill and compaction. Payment shall be made at the applicable contract unit price for the respective bid items and shall be full compensation for all labor, equipment, materials, loading, transportation, unloading, installation, excavation, bedding, flowable fill, formwork, reinforcing steel, concrete/grout, curing, protection of existing facilities, gaskets, joint materials, and all other appurtenant items to complete the work. END OF SECTION REVISION 57 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 REVISION OF SECTION 604 — MANHOLES, INLETS AND WATER QUALITY VAULTS Section 604 of the Standard Specifications is hereby revised for this project as follows: Subsection 604.01 shall include the following: This work shall consist of furnishing and installing a Type R Inlet at the locations indicated on the plans. The inlet shall be designed to remove sediment and other pollutants from stormwater runoff and meet the following minimum criteria: CDOT MS4 Permit - Tier 3 BMP Management Levels Type R Inlet shall be fitted with a BMP Snout and sump constructed in the bottom of the structure as shown on the plans. Subsection 604.06 shall include the following: Measurement for the Type R Inlet will be for each unit (complete) that is installed per the plans, manufacturer's recommendations and accepted by the Engineer. Subsection 604.07 shall include the following: Payment will be made under: Pay Item Pay Unit Inlet Type R L5 (10 Foot) (VVM SnoutO) Each Payment shall include but is not limited to all excavation, disposal of excess material offsite, shoring and bracing, bedding and flowable fill, furnishing and installing of the manhole including necessary pipe connections, placement of backfill and compaction. Payment shall be full compensation for all labor, equipment, materials (e.g. manhole sections, pipe, gaskets, joint materials, ring and cover, concrete grade rings, etc.), loading, transportation, unloading, installation, and all other appurtenant items necessary to complete the work. END OF SECTION REVISION 58 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.02 shall include the following: Concrete for sidewalks and curb ramps shall meet all the requirements of a Class B concrete in Section 601 of the Standard Specifications. Class D may be substituted for class B concrete. Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the M- Standard Details. Truncated dome sections shall be "wet set' in the concrete. Surface applied products or products that are installed on a sand bed will not be allowed. Truncated domes shall be brick red or tile red to provide color contrast with the adjoining ramp surface. Approved truncated domes manufacturers are listed in the table below. Vendor Name Product Phone Number Neenah Foundry Company Detectable Warning Plates 800-558-5075 East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 Subsection 608.03 shall include the following: Concrete curb ramps shall be constructed in accordance with the horizontal layout shown on the plans and in accordance with CDOT Standard Plan No. M-608-1. Subgrade under sidewalks and curb ramps shall be moisture and density treated in accordance with Revision of Section 306, "Reconditioning." Concrete median nose shall be constructed in accordance with LCUASS "Standard Details for Raised Median Geometry" Drawing 801. Subsection 608.05 shall include the following: Concrete Sidewalk shall be measured on a per square yard basis for the actual number of square yards of sidewalk constructed at the specified thickness. Contractor shall coordinate with City Engineer for limits of sidewalk reconstruction. Concrete Curb Ramps and Concrete Aprons shall be measured on a per square yard basis for the actual number of square yards of concrete curb ramp and concrete apron constructed. The area of concrete ramp in the pay item shall include the transition flares, detectable warnings, and pedestrian curbs if required. The pay limits shall be from the back of the ramp to the back of the curb and gutter. Contractor shall coordinate with City Engineer for limits of concrete apron reconstruction. Payment for the curb and gutter shall be included in the respective curb and gutter bid item. Concrete Median Nose shall be measured by the actual number of median nose that will be complete in place, constructed in accordance with LCUASS and as directed by the City Engineer. 59 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 Subsection 608.06 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete Sidewalk (6 Inch) Square Yard Concrete Curb Ramp and Concrete Apron Square Yard Concrete Median Nose Each This price shall be full compensation for all labor, materials and equipment necessary to complete the respective items as well as proof rolling that is required for the subgrade. END OF SECTION REVISION PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 609 - CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised for this project as follows: Subsection 609.02 shall include the following: Concrete for curb and gutter poured monolithically with adjacent concrete pavement as shown in the plans shall be identical to that used for the specified adjacent concrete pavement. The gutter slope shall match the slope of the adjacent roadway as shown on the plan details. Concrete for curb and gutter not poured monolithically with adjacent concrete pavement shall meet all the requirements of a Class B concrete in Section 601 of the Standard Specifications. Class P may be substituted for class B concrete. Subsection 609.03 shall include the following: Subgrade under curb and gutter shall be moisture and density treated in accordance with Revision of Section 306, "Reconditioning". Subsection 609.07 shall include the following: Payment will be made under: Pay Item Pay Unit Curb and Gutter Type 2 (Section 1-13) Linear Foot Curb and Gutter Type 2 (Section II-B) Linear Foot END OF SECTION REVISION 61 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 610 - MEDIAN COVER MATERIAL Section 610 of the Standard Specifications is hereby revised for this project as follows: Subsection 610.02 shall include the following: Colored/patterned concrete shall be installed in the center median at the intersection of Davidson Drive and Raintree Drive and as shown on the plans. A color additive, Davis Color #641 — Sequoia Sand or approved equal, shall be mixed with the concrete. The application rate of the color additive shall be at the manufacturer's recommended rate. The concrete mix required for median cover material will be required to be submitted and approved The median shall include sandscape finish. Colored concrete shall meet the requirements of Class B concrete in Section 601 of the Standard Specifications. Class D may be substituted for Class B concrete. The concrete mixture will be a required submittal and typically carries 100% passing of 3/8" and larger coarse aggregate and utilized the use of a chemical retarder, also a required submittal. Subsections 610.04 and 610.05 shall include the following: Measurement and payment for sandscape concrete shall be per square foot of work that is completed and accepted. This shall include all labor, materials, equipment and incidentals necessary to complete the work. No separate payment will be made for joint sealer, pre or post finish preparation, chemical retarder or expansion joint material. Payment will be made under: Pay Item Pay Unit Median Cover Material (4 Inch Sandscape Concrete) Square Foot END OF SECTION REVISION 62 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall be deleted and replaced with the following: This work shall be done in accordance with the following, and in case of discrepancy the order of precedence shall be as follows: 1. Project Special Provisions 2. Larimer County Urban Area Street Standards 3. Project Standard Specifications 4. CDOT Standard Specifications for Road and Bridge Construction 2011 5. The latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways published by the FHWA and adopted by CDOT END OF SECTION REVISION 63 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 623 - IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 623.01 shall include the following: This work consists of furnishing and constructing an irrigation system in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS Subsection 623.02 shall include the following: General. All materials and equipment incorporated into the irrigation system shall be new and of recognized standard quality. In the case of computer software or hard coded instructions, the latest available version from the manufacturer is required. All materials shall be of a standard line from a name brand manufacturer, or must be approved. Subsection 623.04 shall include the following: Automatic Controller. The automatic controller shall be an electro- mechanical or microprocessor based/microelectronic solid state type capable of operating in an automatic or manual mode. The controller shall have a minimum of six stations. Each station shall be programmed to operate for 1 to 99 minutes, or 0.1 to 9.9 hours. The controller shall have two independent programs with three automatic starts per day for each program. Each station on the controller shall be assigned to either or both programs. The controller shall be capable of watering any day or sequence of days on a six or seven day cycle. Contractor shall install a WeatherTRAK LC Control system as specified in the irrigation plans & details per City of Fort Collins standards. Coordinate with City of Fort Collins as required. Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. The controller shall operate on a minimum of 117 volts AC power input. Controller electrical output shall be capable of 26.5 volts AC at 1.5 amps. The controller shall have a reset circuit breaker (1.5 amps holding and 2.5 amps break) to protect it from power overload. Primary surge protection for 117 volt lines and valve (24 volt) output surge protection shall be installed to protect the controller. The automatic controller shall be grounded using two 5/8 inch x 8 foot copper clad grounding rods driven into the soil. A #10 AWG bare copper wire shall be used to connect the ground rods to the automatic controllers' protective grounding circuit. The resistance of the ground shall not exceed 5 ohms. The controller enclosure (including satellite controllers) shall be of a vandal and weather -resistant nature, manufactured entirely of metal or steel mill -treated with zinc for rust resistance. The main housing shall have louvers in the upper and lower body to allow for crossflow ventilation. Subsection 623.05 shall include the following: Remote Control. Remote control shall consist of an FM, AM, UHF, or VHF radio transmitter/receiver pair with a minimum range of one mile in congested areas, and shall include battery charger and replacement battery. 64 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 The receiver shall plug into a receptacle installed in the enclosure or panel of the automatic controller. Remote control shall be capable of turning on/off any station in any order. Remote control shall comply with all applicable FCC rules and regulations. Subsection 623.06 shall include the following: Control Wiring 24 Volt. Control Wiring 24 Volt. Connection between automatic controller and automatic control valves, flow sensors and moisture sensors shall be made with direct burial copper, 600 volt, UF, UL approved wire. Minimum wire size shall be #14 AWG. One wire shall be provided for each valve. Wires shall be color coded according to the basic plant materials irrigated by the lateral. Wire colors shall be: Wire Color Plant Materials Black Master (Power) Purple Spares Green Turf Brown Tree Yellow Perennials Red Shrubs White "Common" or ground wire Subsection 623.07 shall include the following: Sprinkler Heads. The sprinkler head shall be of the pop-up spray and pop-up rotor internal drive type. All sprinkler heads shall be capable of accepting a check valve where head elevation varies more than 5 feet within a control zone. (a) Pop-up spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed of heavy duty plastic. (1) A soft pressure -activated wiper seal for cleaning debris from the pop-up stem as it retracts into the case to prevent stem and nozzle from sticking in the up position. (2) A matched precipitation rate brass or plastic nozzle with an adjusting screw capable of regulating the radius and flow. (3) A screen to protect it from clogging and a strong stainless steel retract spring for positive pop - down. (4) A threaded cap that will allow easy removal of the screen and all other internal components from the top without removing the body from the ground. Minimum pop-up height for turf heads shall be 4 inches. Spray head pop- up height for turf in roadway medians shall be at least 6 inches, and shrub, flower, and ground cover spray heads shall be at least 12 inches. (h) Rotor Heads. The pop-up rotor heads shall be an internal drive type, with heavy duty plastic housings and non -corrosive internal components. The rotor head shall have a soft pressure -activated wiper seal for cleaning debris from the pop-up stem as it retracts into the case, to prevent the stem and nozzle 65 North/South Street: Shields EastiWest Street: Drake Time: PM ICU Number: 48 City of Fort Collins Traffic Operations 626 Linden Street, PO Box 580 Fort Collins, CO 80522-0580 Peak Hour Turning Movement Study (' rniins Printod- Hnshiftnd File Name shields & drake 8-7-14 Site Code 00000048 Start Date 8/7/2014 Page No 1 Shields Drake Shields Drake Southbound Westbound Northbound Eastbound Start TiLng. -- Right Thru 1__,_ Left �a Toto _ff tgtt,_.Thru Left112iiv,istd- _. -- - ___Left_ ---. Right -ThruL Left_&* Tatar j._@_qht_, 04:30 PM 24 266 48 338 62 137 55 254 27 175 35 237 36 87 25 148 977 04:45 PIVII 1 30 237 53 320 65 218-- 53336 35 164 --48— '241.7 29 122 31 --- 18?---- 1085 Total 54 503 101 658 127 -- 355 108 590 62 339 83 484 65 209 56 330 2062 05:00 PM 48 278 40 1136 79 210 62 151 26 199 54 279' 38 83 29 150:: 1146 05:15 PM 24 262 52 338 67 204 74 345 29 183 49 261 43 117 32 192 1: 1136 Grand Total 126 1043 193 1362 273 769 244 1286 117 721 186 1024 146 409 117 672 4344 Apprch % 93 76.6 14,2 21,2 598 19 11.4 70,4 18.1 21.7 60,9 17.4 Total % 29 24 4.4 31.4 6.3 17.7 5.6 29.6 2.7 16,6 4,3 23.6 3.4 9,4 2.7 15.5 Shields Out I Total 2473 141 10431 1931 R' ht Thru Left 7. Alk North -6 �r4 817=14 04:30 PM 4-- gl- 817/20 1 4 05:15 PM . ......... Left Thru Richt —w—ml Out In Total PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 from sticking in the up position. The rotor head shall have a screen to protect it from clogging and a strong stainless steel retracting spring for positive pop -down. Minimum pop-up height for rotor heads shall be 3 inches. The rotor head shall have a fully adjustable arc or full circle capabilities and an adjustable break-up pin capable of reducing the radius up to 25 percent. Subsection 623.08 shall include the following: Flow Sensor. The flow sensor shall be an in -line type and shall transmit an electronic pulse through conductors to a compatible automatic controller with interface unit for subsequent transmission to a compatible central computer. Subsection 623.09 shall include the following: Drip Emitters. The drip emitter shall be of the pressure compensating type with flow rates of 0.5, 1, or 2 gallons per hour plus or minus a 10 percent deviation at 10 to 40 psi. The emitter shall be constructed of durable plastic with a barbed inlet, and the outlet shall be capable of a watertight connection compatible with the polyethylene capillary tubing. Emitters shall be of the self -flushing type and capable of clog -free operation with a 150 mesh strainer. Emitters shall be multi -outlet (six outlets) and shall be installed on the polyethylene drip lateral line. The ends of the capillary tubing shall be installed on 6 inch plastic stakes with debris caps on the end of the tubing. The irrigation dripline shall have factory installed pressure -compensating, inline emitters installed every 12-24 inches. The flow rate from each installed inline emitter shall be 0.6 or 0.9 gallons per hour when inlet pressure is between 8.5 & 60 psi. The inline diaphragm shall have a pressure regulating diaphragm with a spring action allow it to self -rise if there is a plug at the outlet hole. The bend radius shall be 3-inches whether bending the tubing with the bend of the coil or against it. The inlet shall be raised off the inside tube wall to minimize dirt intrusion. Subsection 623.10 shall include the following: Plastic Pipe and Fittings. All pipe shall be identified with the following indelible markings: manufacturer's name, nominal pipe size, schedule or class of pipe, pressure rating in pounds per square inch, date of extrusion, and NSF seal of approval. Plastic and Copper water lines listed below shall be paid for under section 619. (a) Mainline Pipe. Mainline pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM D 1784 and D 2466, cell classification 12454-B, Type I, Grade I. Pipe sizes 3 inches and smaller shall be of the solvent weld type, and sizes larger than 3 inches shall have rubber gasketed fittings. Fittings shall be standard weight schedule 40 injection molded PVC conforming to ASTM D 1784 and D 2466, cell classification 12454-B. Threaded nipples shall be schedule 80 PVC with molded threads conforming to ASTM D 2464. Threaded fittings shall be kept to a minimum. Cement and cleaner for solvent weld pipe and fittings shall conform to ASTM D 2564. (h) Lateral Line Pipe. Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type I, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, cell classification 12454-B. (c) Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime W. PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. (d) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be allowed. Irrigation Roadway and sidewalk sleeves. Sleeves shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type I, Grade I. Subsection 623.11 shall include the following: Valves. (m Automatic Control Valves. The automatic control valve shall be a normally closed 24-volt AC, 60 cycle solenoid actuated globe or angle pattern, diaphragm type valve. The valve body and bonnet shall be heavy duty glass filled nylon or brass and internal components (not including diaphragm and seat disc) shall be non -corrosive brass, bronze, stainless steel, or a combination thereof. Control valve diaphragms shall be of a one-piece molded reinforced fabric. Control valve shall have a non - shock cold water rating of at least 150 psi. Control valves shall function manually (without electrical power) by means of an internal bleeder device on the bonnet assembly. Control valves 1 inch or greater shall have manual flow control capacity. Control valves shall be constructed so that the bonnet assembly and all operating parts can be removed without disturbing the valve body. Valve closure time (measured in actual seat disc movement time) shall be at least 0.5 second. (b) Quick -Coupler Valves. The quick -coupler valve shall have a two-piece brass body, a non -shock cold water rating of at least 150 psi, and 1 inch female pipe threads at the base. The quick -coupler valve shall be designed to permit operation with a special connecting device (lug type coupler) designed for this purpose. The quick -coupler shall be provided with a rubber -like vinyl hinged locking cover. Quick -coupler keys and hose swivels shall be compatible with the quick -coupler valves furnished. Hose swivels shall be of all brass construction designed to rotate freely. (c ( Mainline Isolation Valves. Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe — Brass construction; solid wedge, IPS threads, and non -rising stem with square operating nut. Subsection 623.12 shall include the following: Valve Box. The valve box, cover and necessary extensions shall be as shown on the plans, and shall be manufactured or molded, virgin plastic materials conforming to ASTM D 638 and D 648. Box extensions shall be used as necessary to completely expose the remote control valve and shall seat in place under the valve box. Valve box lids shall be imprinted "Irrigation Control Valve." CONSTRUCTION REQUIREMENTS Subsection 623.13 shall include the following: General. Irrigation systems shall be installed in conformity with applicable local codes. Information on the plans shows general locations only. The Contractor shall establish exact locations of all irrigation equipment to fit field conditions, and locations will be approved by the Engineer prior to start of construction. Contractor shall maintain and protect the approved staking layout. Prior to purchase of any irrigation equipment, the 67 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Contractor shall submit a list of suppliers and specification sheets for all irrigation components. This submittal must be approved by the Engineer before any equipment purchase is made. At the submittal stage, all changes in equipment shall be brought to the attention of the Engineer. Subsection 623.14 shall include the following: Site Review. At least 14 days prior to the start of irrigation work on the project a preconstruction conference shall be held. During irrigation installation, monthly meetings shall be held. Those in attendance shall be a representative of the Contractor's staff, the Landscape and Irrigation Subcontractors, the Engineer, and a CDOT Landscape Architect. A written description of work methods, and time schedules and milestone dates shall be presented. The Contractor shall notify the Engineer prior to mainline pressure testing, coverage tests, and final review. The Contractor shall provide two radio transceivers with necessary personnel or remote -control devices to operate automatic controllers during coverage tests and final review. Subsection 623.15 shall include the following: Excavation and Backfill. Excavation and backfill shall conform to the requirements of Section 206 and subsection 703.08(b) (Class 2 Structure Backfill), except that compaction of backfill outside of the roadway prism may be done by water flooding, with the approval of the Engineer. The Contractor shall maintain bottoms of trenches flat to permit all piping to be supported on an even grade. Where lines occur under paved areas, dimensions shall be considered to be below the subgrade. All mainline pipe shall be bedded in sand to allow a minimum of 2 inches of sand on all sides. Rock larger than 1 inch shall not be placed in the backfill material. Where it is necessary to excavate adjacent to existing trees or shrubs, the Contractor shall use all possible care to avoid injury to the plant root system. Subsection 623.16 shall include the following: Pipe Installation. Minimum cover for irrigation pipe shall be as follows: Mainline Pipes 24 inches below finished grade Lateral Pipes 18 inches below finished grade Pipe under roadways 30 inches below subgrade finished grade Irrigation sleeving 30 inches below finished grade Drip lines 8 inches below soil grade All pipes under roadways shall be encased in a steel pipe sleeve which shall be jacked or placed in a hole bored under present roadways, or in a steel or plastic pipe sleeve placed by trenching on new construction. At least 4 inches of clearance shall be provided between lines and at least 4 feet of clearance between lines of other trades. Parallel pipes shall not be installed directly over any other line. Manual drain valves shall be installed at all low points in the mainline. Minimum grade of pipe to drains shall be 3 inches per 100 feet. Plastic threaded fittings shall be assembled using teflon tape applied to male pipe threads only. Threaded fittings shall be kept to a minimum. The Contractor shall tape all open ends of the pipe during installation to prevent entry of any foreign matter into the system. :f:3 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Subsection 623.17 shall include the following: April 14, 2016 Kick Blocks. Concrete kick blocks shall be installed when the following conditions occur on 3 inch or greater mainline pressure pipe: (1) 22 degree or greater change in pipe direction. (2) Change in pipe size. (3) Dead ends in pipes Subsection 623.18 shall include the following: Wiring. All 24-volt wire to automatic control valves and flow sensor wiring shall be installed at a minimum depth of 28 inches below finished grade. Power source wire shall conform to subsection 715.07. Wiring shall be installed at the side of and under mainline whenever possible. When more than one wire is placed in a trench, the Contractor shall tape wires together with electrical tape at intervals of 15 feet or less. A 24 inch coiled expansion loop shall be provided every 300 feet along wire run, before controller enclosure, at each connection, and at directional changes. Each automatic controller shall have its own separate ground wire, colored green. Wiring between automatic controller and automatic control valves or sensors shall be continuous. At locations where splicing is approved by the Engineer, moisture proof splices shall be made in a valve box. Two extra wires shall be installed along the entire mainline pipe from each automatic controller to the last automatic control valve. Wire splices shall be compatible in effectiveness to wire coating. All wire under roadways shall be encased in a separate steel or plastic conduit. Wires not following the mainline shall be installed using open trench excavation. Wiring shall not be installed using a vibratory plow. Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at all ends of the drip lateral lines. Prior to backfilling, all capillary drip lines shall be staked with an approved staple, 6 feet on centers. Subsection 623.19 shall include the following: Drip Systems. Drip lateral lines and capillary tubing shall be installed after 5 gallon and larger plant materials are in place and finished grade is established. The Contractor shall tape all open ends of pipe during installation to prevent entry of debris into the system. All pipe shall be cut with a knife or blade type pipe cutter to prevent entry of pipe debris into the system; a saw shall not be used. Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at all ends of the drip lateral lines. Prior to backfilling, all drip lines shall be staked with an approved staple, 6 feet on centers. Subsection 623.20 shall include the following: Valve Boxes. All valve boxes shall be installed flush with the finished grade. A "branding iron" type of tool shall be used to imprint the automatic control valve number (letters and numbers 2 inches high) on the valve box lid. Valve numbering system shall be as indicated on the plans. Geotextile filter fabric shall be placed under valve box and extend a minimum of inches beyond bottom rim of valve box. Valves shall be grouped so that three or four valves are located together. Valves shall not be installed in low areas PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 subject to standing water. Subsection 623.21 shall include the following: System Flushing. After all irrigation pipelines and valves are in place and connected, and prior to installation of irrigation sprinklers, rotary heads, etc., the Contractor shall thoroughly flush all lines with water at system operating pressure. Subsection 623.22 shall include the following: Pressure and Coverage Tests, and Adjustments. After installation of valves, pipe, and fittings, mainlines shall be inspected for leaks after a minimum 120 psi static pressure (or point -of -connection static pressure if higher) has been maintained for four hours in a hydro static test. Mainline pipes shall not be buried until completion of the test. If the system does not pass the test, the Contractor shall detect and correct problems until the system reaches the acceptable test standard. This test shall be passed prior to payment for the pipe. Gasketed pipe shall be tested using a volumetric (make up water) test and leak rates supplied by the pipe manufacturer and commonly accepted in the industry. The Contractor shall perform coverage tests in the presence of the Engineer. After the irrigation system is completed and prior to any planting, seeding or sodding to assure that all irrigated areas are watered completely and uniformly. The Contractor shall make all necessary adjustments to provide required coverage as directed. Drip lateral and emitter coverage tests shall be performed after planting and before backfilling of lateral lines and emitters. Subsection 623.23 shall include the following: Inspections. Inspections by the Engineer or the Engineer's representative can be made at any point during construction. Milestone progress dates shall be established at the preconstruction meeting and 72-hour notice shall be given by the Contractor when a milestone event is approaching. Subsection 623.24 shall include the following: Irrigation As -Built Plans. The Contractor shall dimension from two permanent reference points, building corners, sidewalk corners, road intersections or any permanent structures, the location of the following items: (1) Routing of irrigation mainline. (2) All drip and sprinkler automatic control valves. (3) Quick coupling valves, isolation gate valves, and manual drain valves. (4) Other related equipment as directed. The Contractor shall provide an accurately detailed irrigation as -built layout of the irrigation system at the same scale as the design plans and on 24 inch by 36 inch waterproof medium within 90 days after installation is complete and before notice of substantial landscape completion as defined in subsection 214.04. An in -progress as -built plan shall be kept on the construction site at all times and available for impromptu review by the Engineer or the Engineer's representative. Provision of the final as -built plan is a condition for final acceptance and release of retainage. 70 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 All changes in the irrigation system layout, including lateral layout, shall also be indicated on irrigation as - built plans. The Contractor shall provide finalized as -built plans to the Engineer at the time of Final Landscape Acceptance. Subsection 623.25 shall include the following: Maintenance Manuals and Training. Prior to Final Landscape Acceptance, the Contractor shall provide two individually bound maintenance manuals to the Department for the irrigation system, and shall train the owner's maintenance personnel in the proper operation of all irrigation equipment, including winterization procedures. Each manual shall contain the following: (I) Index sheet, stating irrigation contractor's name, address, telephone number and name of person to contact. (2) Duration of equipment or component warranty and warranty form. (3) Equipment list providing the following for each item: (i) Manufacturer's name (ii) Make and model number (iii) Name and address of manufacturer's local authorized distributor (iv) Spare parts list in detail (v) Detailed operating and maintenance instructions for major equipment (4) Descriptions of all installed materials and systems insufficient detail to permit maintenance personnel to understand, operate, and maintain the equipment. The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the largest size possible to retain full legibility. A readable print of the as -built plans shall be provided showing the area covered by the automatic controller. The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain over the entire area of coverage. Following approval of charts by the Engineer, they shall be hermetically sealed between two layers of plastic sheet, each 20 mils thick. Subsection 623.26 shall include the following: Warranty. The Contractor shall warranty the irrigation system for the duration of the Landscape Establishment period specified in subsection 214,04. To ensure proper operation of the system, the Contractor shall perform, as required, warranty activities including, but not limited to the following: (1) Inspection of the system and correction of system leaks, improperly operating valves, clogged emitters, malfunctioning automatic controllers and other components (2) Maintaining optimum sprinkler coverage (3) Adjusting sprinkler head elevations relative to finish grade In an emergency the Contractor shall correct all deficiencies within 24 hours of notification by the 71 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Engineer. The Contractor shall perform irrigation system inspections at least once per week and after each mowing. The Contractor shall make corrections as necessary to ensure proper operation. The Contractor shall document each inspection in writing and submit it to the Engineer. Subsection 623.27 shall include the following: Final Landscape Acceptance. Before final landscape acceptance is granted, the Contractor shall perform an overall operation and pressure test and confirm the irrigation system is correctly functioning. The Contractor shall inspect every sprinkler and as necessary, raise or lower those sprinklers which are no longer at the proper elevation relative to the finish grade as shown in the plans. The Contractor shall complete start-up (pressurization) and repair all damage to the irrigation system. Subsection 623.28 shall include the following: Cleanup. Upon completion of the work, the Contractor shall restore ground surfaces to required elevations and remove excess materials, debris, and equipment from the site. Subsection 623.29 shall include the following: Keys and Repair Components. Three keys shall be furnished for manual operation of valves. When valves require different kinds of keys, three keys of each kind shall be furnished. Keys shall be of adequate length and made of non -corrosive metal. (1) Two Automatic Control Valves (2) Two Manual Drain Valves (3) Four of Each Type of Sprinkler Specified (4) Two of each type of Valve Box (5) Two Mainline Isolation Valves (6) Two Quick Coupler Valves (7) One set of special tools required for removal, disassembling and adjusting each type of sprinkler valve installed. (8) Two keys for each automatic controller enclosure Subsection 623.30 shall include the following: Irrigation Schedule. The Contractor shall submit recommendations for the project's initial irrigation operating schedule for optimum plant establishment to the Engineer. METHOD OF MEASUREMENT Subsection 623.31 shall include the following: Automatic controller will be measured by the number of units of each size installed and accepted, including concrete pad, conduit, bolts, enclosure, ground wire, and all other items necessary to complete the work as shown on the plans. 72 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Vacuum breakers, backflow preventers, strainers, and all other valves of the various types and sizes, including fittings, valve boxes, copper risers, and sleeves, will be measured by the number of units installed and accepted. Quick couplers, sprinkler of the various types and sizes including risers, check valves, swing joints and fittings, will be measured by the number of units installed and accepted. Plastic and copper pipe will be measured by the linear foot installed and will include the cost of the detectable underground marking tape. Power source wire and 24 volt wire will be measured by the linear foot installed Water meter pay item includes all appurtenant fittings, valves, meter pit, and related equipment. BASIS OF PAYMENT Subsection 623.32 shall include the following: The accepted quantities will be paid for at the contract unit price for the various items below that appear in the bid schedule. Payment for irrigation system will be a lump sum: Pay Item Pay Unit Irrigation System LS The following are for reference only: Pay Item Pay Unit 6 Inch Pop-up Spray Sprinkler Each 4 Inch Pop-up Rotor Sprinkler Each 1 Inch Plastic Pipe Linear Foot 1.25 Inch Plastic Pipe Linear Foot 1.5 Inch Plastic Pipe Linear Foot 1.5 Inch Automatic Control Valve Each 1 Inch Automatic Drip Control Valve Each 1 Inch Quick -Coupler Valve Each 24 Station Automatic Controller Each 1.5 Inch Hydrometer Each Control Wire, 24 Volt Linear Foot Drip Emitter Each Emitter Valve Assembly Each Drip Emitter Tubing Linear Foot 3/4 Inch Flush Unit Each Water lines will be paid for as provided in Section 619. 73 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Kick blocks, unions, fittings, filter fabric, valve access sleeves, valve boxes, piping and wire inside boxes, keys, and aggregate for valves will not be paid for separately but shall be included in the work. Structure excavation and backfill including compaction and water will not be paid for separately, but shall be included in the work. Concrete pad, bolts, enclosure, ground wire, and all other items necessary to complete the work shall be included in the price of the automatic controller. Capillary tubing, tubing stakes, enclosure box and debris caps shall be included in the price of the drip emitter. System flushing and adjustment, pressure and coverage tests, maintenance manuals, and training will not be paid for separately but shall be included in the price of the work. Detectable Underground Marking Tape will not be paid for separately, but shall be included in the work. Advisor Message Receiver pagers and hand held two-way radios will not be paid for separately, but shall be included in the work. Warranty work will not be measured and paid for separately, but shall be included in the work. END OF SECTION REVISION 74 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 627 - PAVEMENT MARKING Section 627 of the Standard Specifications is hereby revised for this project as follows: Subsection 627.01 shall include the following: The City of Fort Collins will furnish and install all permanent pavement markings for the project. The Contractor is required to coordinate with the City for the completion of work. The Contractor is responsible for furnishing, installing, and removing as necessary all temporary pavement markings during construction. Subsection 627.13 shall include the following: Each application of temporary pavement marking will not be measured and paid for separately, but shall be included in the cost of Construction Traffic Control, Lump Sum. Control points and Contractor pavement marking plans will not be measured and paid for separately but shall be included in the work. END OF SECTION REVISION 75 GCOCAL GEOSCIENCES & ENGINEERING 7290 South Fraser Street Centennial, Colorado 801124286 Phone: 303-337-0338 SUBSURFACE EXPLORATION AND PAVEMENT DESIGN DRAKE ROAD AND SHIELDS STREET INTERSECTION IMPROVEMENTS FORT COLLINS, COLORADO Prepared For Interwest Consulting Group, Inc. Attn: Mike Oberlander, P.E. 1218 West Ash Street Suite C Windsor, Colorado 80550 August 19, 2015 City of Fort Collins Traffic Operations 626 Linden Street, PO Box 580 Fort Collins, CO 80522-0580 Peak Hour Turning Movement Study North/South Street: Shields EasW/est Street: Drake Time: PHF ICU Number: 48 Peak Hour Analysis From 07:30 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:30 AM File Name : shields & drake 8-7-14 Site Code : 00000048 Start Date : 8/7/2014 Page No 1 -- -- Drake ------------- 07:30 AM 10 130 21 161 i 20 47 10 77 37 193 15 245 28 167 29 224 1 707 07:45 AM 4 118 36 158, 32 46 28 106 55 240 20 315 36 213 31 280; 459 08:00 AM 8 122 20 1501 28 60 17 105 53 176 17 246 28 164 38 230 731 08:15 AM i 3 117 34 154 22 62 11 95 43 196 20 259 21 141 39 201 709 Total Volume I 25 487 111 6231 102 215 66 383 .._ 188 805 72 1065 113 685 137 935 3006 °k App. Total 4 78.2 17.8 26.6 56.1 17.2 17,7_75.6 .855 .839 6.8_..__ .900 _--..__..__12.1 .845 ' .785 73.3 .804 14.7__„__� .878 .835 .875 PH .625 .937 .771 .967 I .797 .867 .589 3 Peak Hour Analysis From 10:00 AM to 01:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12.00 PM 12:00 PM 23 167 59 249 68 121 30 219` 35 165 24 224 28 119 32 179 871 12:15 PM 14 159 62 235j 50 116 35 201 22 144 19 185 26 117 21 164 785 12:30 PM 19 176 60 255 76 94 32 202 ' 27 151 38 216 25 108 27 160 833 12.45 PM 22 155 66 243 64 97 39 200• 39 161 41 241 44 124 44 212 896 Total Volume I 78 657 247 962 258 428 136 822 123 621 122 866 123 468 124 716 3385 '!o Apt. Total _ _ 7.9 66.9 25.2 - - 849 -52 -6. _1 d.2 71.7 14. t 17.2 65:5 17.3 PHF , .848 .933 .936 ;963 884 $72 938 .78 .941 .744 .898 .699 .944 .705 .843 .944_ Peak Hour Analysis From 02:00 PM to 05:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM 04:30 PM 24 266 48 338 62 137 55 254 27 175 35 2371 36 87 25 148 977 04A5 PM 30 237 53 320 65 218 53 336 35 164 48 247i 29 122 31 182 1085 05:00 PM ; 48 278 40 366 79 210 62 351 26 199 54 279; 38 83 29 150 1146 _ 05115 PM ' 24 262 52 338 67 204 74 345 29 183 49 2611 43 117 32 192 1136 Total Volume; 126 1043 193 1362 273 769 244 1286 117 721 186 1024 146 409 117 672 4344 App. Total ' 9.3 76.6 14.2 21.2 59.8 19 _11 A 70.4 18.2 __ 21.7 60.9 17.4 F948 PHF __.65fi _938 .910 .930 .864 .882 .824 .916 836 __.906 _ 861 __.918 .849 .838 914 675_ 948 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic control devices including but not limited to: signs, advance warning arrow panels, variable message boards, barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and Larimer County Urban Area Street Standards (LUCASS). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. The Contractor shall provide up to four (4) portable message signs at any given time to be used for the construction and as directed by the Engineer. The number and location of the portable message signs shall be in accordance with the approved traffic control plan. The message shall be approved by the Engineer. In Subsection 630.15, delete the 1st, 2nd, 3rd, and 4th paragraphs and replace with the following: Flagging will be measured by the hour. Only actual hours of flagging performed and approved by the Engineer will be measured for payment. This is defined as the time a flagger is performing flagging duties as authorized in the approved traffic control plan. Set up of lane closures, maintenance of devices, extra flaggers to provide breaks, and show up time are not actual flagging and will not be measured for payment. Construction traffic control devices, including Barricades, Construction Traffic Signs, Drum Channelizing Devices and Traffic Cones, Concrete Barriers will not be measured separately, but will be paid for on a lump -sum basis under Construction Traffic Control. No separate measurement will be performed on individual traffic control devices required to complete construction traffic control for this project. Contractor shall meet all requirements in Section 630 of the Standard Specifications. Measurement for Traffic Control Management, Traffic Control Inspection, and flagging shall be in accordance with the Standard Specifications beginning with paragraph 5 of subsection 630.15. In Subsection 630.16, delete the 1st, 2nd, and 4th paragraphs and replace with the following: Payment for construction traffic control devices will be on a lump sum basis, and includes all labor, materials, and equipment to perform the work required to construct the project and in accordance with Section 630 of the Standard Specifications. No separate payment will be made for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. The Contractor shall provide all traffic control devices as required upon developing his Method for Handling Traffic (MHT) for each phase of the work. Depending on how the Contractor chooses to phase the work, additional devices may be required to comply with the approved MHT and MUTCD. Payment for traffic control devices will be on a lump sum basis. No additional payment will be made for traffic control devices that exceed the quantities estimated in the plans. Payment for Traffic Control Management, Traffic Control Inspection, and Flagging shall be as specified below and in the bid schedule. Partial payments for Traffic Control Devices will be made according to the following schedule: - 25 percent of the bid amount will be paid on the first pay request for work performed - When 50 percent of the original contract amount is earned, 50 percent of the bid amount will be paid 76 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 - When 75 percent of the original contract amount is earned, 75 percent of the bid amount will be paid - 90 percent of the bid amount will be paid when the project is substantially complete - 100 percent of the bid amount will be paid on the final pay request Payment will be made under: Pay Item PaV Unit Flagging Hour Traffic Control Inspection Day Traffic Control Management Day Portable Message Sign Panel Each Construction Traffic Control lump Sum END OF SECTION REVISION 77 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 FORCE ACCOUNT ITEMS DESCRIPTION April 14, 2016 This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Minor Contract Revisions: This item covers instances where the Project Engineer identifies work that needs to be performed and a specific pay item is not included in the Contract. This consists of minor changes to the contract that would not necessitate a formal Change Order. Fuel Cost Adjustment: This item covers reimbursement for fuel cost adjustments if accepted by the awarded bidder, described and detailed in the Revision of Section 109 —Fuel Cost Adjustmentll Standard Special Provision. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item F/A Minor Contract Revisions F/A Fuel Cost Adjustment F/A Asphalt Cement Cost Adjustment F/A On -The -Job Trainee Unit Amount F.A. $50, 000 F.A. $2,000 F.A. $25,000 F.A. $500 78 PROJECT NO. SHO M455-109 April 14, 2016 PROJECT CODE NO. 19059 TRAFFIC CONTROL PLAN — GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a). The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications (2) Standard Plan S-630-1, Traffic Controls for Highway Construction and Standard Plan S-630-2 and all revisions thereto (3) Striping and Signing Plans (4) CDOT Region 4 Lane Closure Strategy or the approved Citywide Variance to the Lane Closure Strategy (5) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. Below is a link to CDOT's Region 4 Lane Closure Strategy http://www.coloradodot.info/libraryitraffic/traffic-manuals-guidelines/lane-close-work-zone-safety/lane- closure- strategies/R4 Lane Closure Report.pdf/view Unless otherwise approved by the Engineer, the Contractor's equipment shall follow normal and legal traffic movements. The Contractor's ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. No separate payment will be made for removal of existing pavement markings necessary for temporary lanes shifts or other conditions proposed in the Contractor's Method of Handling Traffic. All pavement markings, interim and permanent, shall be installed in accordance with Section 627, the approved plans and the Manual on Uniform Traffic Control Devices. Removal of existing pavement markings, if required, shall be considered incidental to Pavement Marking Paint (Waterborne) (Temporary) and other related pay items. -Blacking outll existing pavement markings will not be allowed. CDOT may have entered into operating agreements with one or more law enforcement organizations for cooperative activities. Under such agreements, at the sole discretion of CDOT, law enforcement personnel may enter the work zone for enforcement purposes and may participate in the Contractor's traffic control activities. The responsibility under the Contract for all traffic control resides with the Contractor and any such participation by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special Provisions or General Notes of the plans depending on whether the Contractor is to contract with Colorado State Patrol for uniformed traffic control. Nothing in this Contract is intended to create an entitlement, on the part of the Contractor, to the services or participation of the law enforcement organization. Special Traffic Control Plan requirements for this project are as follows: During the construction of this project, traffic shall use the present traveled roadway or areas of new roadway construction, unless identified on the plans or approved by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. 79 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 WORK HOURS April 14, 2016 Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. All lane drops shall take place during the hours of 7:00 AM to 3:30 PM, Monday through Friday. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of 72 hours prior to the request date. Work performed and material placed that interferes with traffic during the times and in the locations that the roadway is specified to remain open will not be paid for unless the work is directed by the Engineer to be done during those times. At least one week prior to starting construction, the Contractor shall notify the City's Engineer of the date the Contractor intends to start construction. The Contractor shall provide a Traffic Control Supervisor (TCS) with at least two (2) years experience, as accepted by the Engineer, as the Traffic Control Supervisor. A copy of the certification of the Traffic Control Supervisor shall be provided to the Engineer at least two days prior to the project preconstruction conference. All lane closures shall be subject to the approval of the Engineer. A MHT shall be approved by the Engineer prior to any request for a lane closure. Request for each lane closure shall be made at least twenty-four hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized continuously for the intended purpose for which they were set up. The Contractor shall remove and reset all existing signs prior to performing any work that affects those signs. All signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no cost to the project. An inventory of all existing signs shall be made with the Engineer prior to beginning work. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. lE PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 Known utilities within the limits of this project are: Century Link (Phone) City of Fort Collins Water & Sewer City of Fort Collins Stormwater City of Fort Collins Light & Power City of Fort Collins Traffic Signals Comcast (Cable TV) XCEL Energy (Gas) UTILITIES Robert Rulli Andrew Gingerich Wes Lamarque Luke Unruh Britney Sorenson Don Kapperman Stephanie Rich (970) 490-7503 (970)221-6232 (970) 416-2418 (970) 416-2724 (970) 416-2268 (970) 484-7166 (970) 225-7828 April 14, 2016 The Contractor shall coordinate with the Project Engineer and any appropriate utility company to facilitate the installation, placement and relocation of all utilities impacted on this project. The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.11 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. The Contractor shall coordinate the work with the owners of the utilities impacted by the work. Coordination with utility owners includes, but is not limited to, staking construction features, providing and periodically updating an accurate construction schedule which includes all utility work elements, providing written notification of upcoming required utility work elements as the construction schedule indicates, allowing the expected number of working days for utilities to complete necessary relocation work, conducting necessary utility coordination meetings, applying for and obtaining power or communication services in the City's name and all other necessary accommodations as directed by the Project Engineer. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the utility owner. Prior to excavating or performing any earthwork operations, the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction. The Contractor shall modify construction plans to avoid existing underground facilities as needed, and as approved by the Engineer. Please note that UNCC marks only its member's facilities — Other facilities, such as ditches and drainage pipes and CDOT's fiber optic system may exist, and it is the Contractor's responsibility to investigate, locate and avoid such facilities. The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as directed by the Project Engineer. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The 81 PROJECT NO. SHO M455-109 PROJECT CODE NO. 19059 April 14, 2016 Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained from the best available information. The Contractor shall coordinate with the utility companies regarding protection and/or relocating the utilities to accommodate the proposed improvements. This work shall be figured in to the Contractor's schedule to complete the work within the specified construction duration. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. 82 Dust Prevention and Control Manual City of Adopted by Ordinance No. 44, 2016 Frt Collins CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track -out / Carry -out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 Dust Prevention and Control Manual Page i 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions pursuant to Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-150(b)(3). Dust Prevention and Control Manual Page 1 qv TQ qp Record Numb 507 FOT4 1 2 1 AM "10 Thursday, August 07, 2014 N-3 Street Shields 0 E-W Street Drake NORTH Time AM 0 Icu 48 0_ 1 3 Hr,, a SG 1 t 2 1 6 2 1 t r o-,e %V cab Page 1 of 3 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional rerluireynents shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best ►nanagement practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk ►materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Code shall mean the Fort Collins City Code, as amended from time to time. Cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dustgenerating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (112) acre. Earthmoviuti shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Dust Prevention and Control Manual Page 2 rtlaxinaum speed linaii shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 for private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. Mechanical blowev shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppressior, shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best rnanggeinent practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retentio shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage faciliti shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Dust Prevention and Control Manual Page 3 Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Track-ou, shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Dust Prevention and Control Manual Page 4 2.0 Fugitive Dust and the Problems it Causes 2,1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Whv is the ON Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Chapter 12, Article X of the Code (§§12-150- 12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. Dust Prevention and Control Manual Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks *Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Dust Prevention and Control Manual Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual is to reduce dust emissions from human activities and to prevent those emissions from impacting others and is based on the following principles: Prevent — avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize:= — reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate — when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices —this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices —this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements —When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. The Dust Prevention and Control Checklist included on page 31 of this Manual provides a "quick guide" to dust control BMPs covered in the following sections of the Manual. Dust Prevention and Control Manual Page 7 3.1 Earthmoving Activities 4 { ''`qW111 1 ''4s Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Dust Prevention and Control Manual Page 8 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a lot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Dust Prevention and Control Manual Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (an additional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Prartires to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with 2012 International Building Code (IBC), as adopted by the Code Sec. S-26 and amended by Code Sec. 5-27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. Dust Prevention and Control Manual Page 11 0 1 4 1 1 19+C J 1 2 l:rw-) Noon a 3 QL Date Thursday, August 07, 2014 1 5 I 0 0 H-s sweet Shields 1 a E-w sweet Drake 3sj 1 NORTH zirneiNN cu 48 0 0..._ _ 3 i Name . i SG 0 2 `sF 1 =0111le (IV 3 0 +s- 0 0 0 12 10 Page 2 of 3 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control nrrst (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Cover: install cover materials during periods of inactivity and anchor the cover. (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. Dust Prevention and Control Manual Page 12 (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements of the "Fort Collins Stormwater Criteria Manual, as adopted in Code Sec. §26-500; specifically, Volume 3 Chapter 7 "Construction BMPs". The Stormwater Criteria Manual may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures. Dust Prevention and Control Manual Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Dust Prevention and Control Manual Page 14 3.5 Track -out / Carry -out Above: This figure illustrates an installed grate (left) and a grovel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on the wheels or undercarriage of equipment and vehicles onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of mud, dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations or policies, as specified in applicable contract documents, and as set forth in the Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Dust Prevention and Control Manual Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used to transport bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 16 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Dust Prevention and Control Manual Page 17 3.7 Unpaved Roads and Haul Roads Left: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Mano�qement Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (iii) Access road location: locate site access roads away from residential or other populated areas. Dust Prevention and Control Manual Page 18 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Wind barrier: construct a fence or other type of wind barrier. (v) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (vi) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Dust Prevention and Control Manual Page 19 Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Dust Prevention and Control Manual Page 20 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. Dust Prevention and Control Manual Page 21 RIP 1 F-To 10 1 PM 3 2 1 3 � ease Thursday, August 07, 2014 5 2 0 k-s s"ac Shields 0 Drake {� 1 "? e-w Street NORTH Time PM 2 i jcu 48 i .2i} 4 1 Name SG 0 0 1 2 C% 0 4 0 f Page 3 of 3 .10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the Fort Collins Stormwater Criteria Manual or contract documents and specifications. Dust Prevention and Control Manual Page 22 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Dust Prevention and Control Manual Page 23 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Dust Prevention and Control Manual Page 24 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. *Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, on additional best management practice. Dust Prevention and Control Manual Page 25 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can re -suspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Dust Prevention and Control Manual Page 26 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Dust Prevention and Control Manual Page 27 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with greater than five (5) acres in size. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP) issued by the City, applications for the DCP are available online at www.fcgov.com/developmentreview%applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Dust Prevention and Control Manual Page 28 r City of F6rt Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Dust Prevention and Control Manual Page 29 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Dust Prevention and Control Manual Page 30 Dust Prevention and Control Checklist Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. Dust Generating Activity b > = C ° a, ac° d v \ Y o ^ •(9 a`, o fa M Cr° �° L @ o J # v c C N c0 °�° E '' > o p Y u 3 cn O> �e a Q- � -o a, a o o Q Y o c `° a, M 3 t /Best Management Practice b i v N ° Y@ _ J Q U� m UJ N m > N a Q Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier *Nnte that in the narking lot and onen area standards. only select one of the reauired BMPs to be in compliance. Dust Prevention and Control Manual Page 31 Combined total for AM - Noon and PM IOT18 4 7 37 3 7 'h i Thursday, August 07, 2014 D*tt 7 8 Shields N-S b+net 2 i .'� 1 r-r; sand Drake 2 .�► 10 Combined AM Noon and PM 13 ♦� NORTH r„n• 48 { 'cJ 2 4 SG 1 4 cl- 4 0 `f s- 3 2 d1b L ilr-2J I cq) 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Dust Prevention and Control Manual Page 32 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Dust Prevention and Control Manual Page 33 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Dust Prevention and Control Manual Page 34 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List April 2011, 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Dust Prevention and Control Manual Page 35 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.ni.us/health/surv%documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/n iosh/topics/silica/cutoff saws. html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/2105815c, HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry — A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 http://deohs.washington.edu/ sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207,htmi Dust Prevention and Control Manual Page 36 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.ca bq.gov/airg uality/busi ness-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtmi USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?Projectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwoter Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/uItraurb/3fs16.asp Agriculture and livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-regu irements-for-dust-control-on-feed lots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https://www,colorado.gov/pacific/cdphe,/asbestos-forms Dust Prevention and Control Manual Page 37 Earthmovine Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http;//www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 545S .aspx EPA - Stormwater Best Management Practices: Dust Control http:,Z/water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA —Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA—Stormwater Best Management Practices: Construction Sequencing http1/water.epa.gov/polwaste/npdes/swbmp/Construction-Seguencing.cfm EPA — Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfmMeid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-Particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%2OHandbook.pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust htto://cogcc.state.co.us/ Dust Prevention and Control Manual Page 38 Design Lane ESAL Calculations Shields R. Turn Lane — Fort Collins, CO Vehicle Type/Classification(%) Cars & Pickups Single Unit Trucks Combination Unit Trucks ehicle Type Load Factor (flexible) 0,003 0.249 1.087 Assumed Growth Factor= 1.38 % in Design Lane= 20% Precent of types 100.00% 96.80% 1.60% 1.60% 2014 ADT Estimate 31,000 30,008 496 496 Projected 2015 ADT 31,590 30,579 505 505 Projected 2035 ADT 43,400 42,011 694 694 20-Yr Design ADT 37,495 36,295 600 600 Roadway ESAL 1 ,646,541 794,861 1 1,090,620 4,761,060 Design Lane ESAL 1 1,329,308 Drake Shields 1/23/2015 VOlri n PAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Flexible Design Inputs Project Name: Drake & Shields Intersection Improvements Route: Location: Owner/Agency: Design Engineer: Flexible Pavement Design/Evaluation Structural Number 4.29 Subgrade Resilient Modulus 4,195.00 psi Total Flexible ESALs 1,329,308 Initial Serviceabilitv 4.50 Reliability 90.00 percent Terminal Serviceability 2.50 Overall Standard Deviation 0.44 Layer Pavement Design/Evaluation Layer Layer Drainage Layer Layer Material Coefficient Coefficient Thickness SN Asphalt Cement Concrete 0.44 1.00 6.00 2.64 Graded Stone Base 0.11 1.00 15.00 1.65 S 4.29 Thursday, January 29, 2015 1:04:55PM Engineer: 1993 AASHTO Pavement Design Flexible Pavement Design Check Input Proiect Data 18-kip ESALS over Initial Performance Period 1,329,308 Initial Serviceablity 4.5 Terminal Serviceability 2.5 LID& _ Reliability Level(%) 90 Std Normal Deviate _v Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 4,195 Stage Construction 1 Calculated Design Structural Number 4.29 Composite Section Structural Drainage Material Coefficient Coefficient Thickness Calculated Layer Type (Ai) (Mi) (Di) (in) SN (in) 1 HMAP 0.44 1 6.00 2.64 2 ABC 0.11 1 15.00 1.65 TOTAL -- -- 21.00 4.29 Geocal. Inc. WinPAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Flexible Design Inputs Project Name: Drake & Shields Intersection Improvements Route: Shields Street Location: City of Fort Collins, Colorado Owner/Agency: City of Fort Collins Design Engineer: Additional Right Turn Lanes 8" HMAP over 12" ABC Flexible Pavement Design/Evaluation Structural Number 4.29 Subgrade Resilient Modulus 4,195.00 psi Total Flexible ESALs 1,329,308 Initial Serviceabilitv 4.50 Reliability 90.00 percent Terminal Serviceability 2.50 Overall Standard Deviation 0.44 Layer Pavement Design/Evaluation Layer Layer Drainage Layer Layer Material Coefficient Coefficient Thickness SN Asphalt Cement Concrete 0.44 1.00 6.75 2.97 Graded Stone Base 0.11 1.00 12.00 1.32 SNL 4.29 Wednesday, August 19, 2015 3:50:05PM Engineer:Geocal, Inc. 1993 AASHTO Pavement Design Flexible Pavement Design Check Input Proiect Data 18-kip ESALS over Initial Performance Period 1,329,308 Initial Serviceablity 4.5 Terminal Serviceability 2.5 PSI Reliability Level(%) 90 Std Normal Deviate - Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 4,195 Stage Construction 1 Calculated Design Structural Number 4.29 Composite Section Structural Drainage Material Coefficient Coefficient Thickness Calculated Layer Type (Ai) (Mi) (Di) (in) SN (in) 1 HMAP 0.44 1 6.75 2.97 2 ABC 0.11 1 12.00 1.32 TOTAL -- -- 18.75 4.29 Geocal, Inc. GEOCAL GEOSCIENCES & ENGINEERING 7290 South Fraser Street Centennial, Colorado 80112-4286 Phone: 303-337-0338 SUBSURFACE EXPLORATION AND PAVEMENT DESIGN DRAKE ROAD AND SHIELDS STREET INTERSECTION IMPROVEMENTS FORT COLLINS, COLORADO By: WaltefJ.Zit O.E. Project Engineer Reviewed By: Ronal-d7.'CTasquez, P.E. Principal Engineer Prepared For Interwest Consulting Group, Inc. Attn: Mike Oberlander, P.E. 1218 West Ash Street Suite C Windsor, Colorado 80550 August 19, 2015 G14.1565.000 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors 00440 CDOT Form #606, Anti -Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Certification Regarding Lobbying CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions Davis Bacon Wage Rates Form FHWA 1273 Federal Terms & Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS DUST PREVENTION AND CONTROL MANUAL DRAWINGS Pages 00020-1 - 00020-3 00100-1 - 00100-7 00300-1 - 00300-10 00400-1 00410-1 - 00410-3 00420-1 - 00420-11 00430-1 00440-1 00450-1 00460-1 00470-1 - 00470-2 00480-1 00500-1 00510-1 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -All - GC-A2 00800-1 - 00800-52 00900-1 00950-1 00960-1 - 00960-4 SECTION 00020 INVITATION TO BID SECTION 00020 INVITATION TO BID Date: April 29, 2016 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on May 20, 2016, for the Drake & Shields Intersection Improvements; BID NO. 8309. If delivered, they are to be delivered to 215 North Mason Street, 2d 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 8309. The Work includes the installation of north and south bound right turn lanes on Shields Street. The project will also install a new median at Davidson / Raintree Drive on Shields Street to provide access control to Shields Street. Items include tree removal, concrete / asphalt removal, unclassified excavation, inlet installation, storm pipe, aggregate base course placement, curb / gutter / access ramp / aprons and median cover installation, asphalt milling and paving, landscape / irrigation restoration including new plants, shrubs, trees, boulders, organic and inorganic mulch. The project also includes mobilization, traffic control, fugitive dust mitigation and erosion control.. This is a Federally funded project and the DBE goal is 10%. In order for a bidder to be responsive, one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if the goal is not met. These good faith efforts must be completed prior to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part 26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at https://www.codot.gov/business/civiIrights/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Purchasing Department within 5 calendar days after bid opening. Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if these documents are not included. The City of Fort Collins has adopted a new Dust Prevention and Control Manual. The manual can be found at: http://www.fcgov.com/purchasing/pdf/dust prevention control manual.pdf or within the project specifications. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 PM, on May 6, 2016, in Conference Room 2A located at 215 Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions concerning the scope of the bid should be directed to Tracy Dyer at (970) 416-2011 or tdyer@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Tracy Dyer, with a copy to Elliot Dale, no later than 5:00 PM our clock on May 11, 2016. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at: • Rocky Mountain E-Purchasing System: vvrwvw.rockymountainbidsysterii.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. REFERENCE CHECK/PRE-AWARD MEETING The City may perform a thorough reference check prior to awarding the contract. To facilitate this, please provide project descriptions and owner contact information for at least 3 projects completed/still under construction within the contract amount of $250,000 or greater from the past three years. It is the City's preference that the reference projects used the same Contractor Project Manager as the Contractor is proposing for this project. Bids that do not include the required references may be deemed non -responsive. The lowest responsive and responsible bidder may at the City's sole discretion be required to attend a Pre -Award Meeting with City staff prior to award of the contract. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins Gerry Paul Purchasing Director SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 1.1 i=00=0011l:111110 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, TABLE OF CONTENTS Page 1.0 PURPOSE AND SCOPE....................................................................................................... 1 2.0 PROPOSED CONSTRUCTION............................................................................................... 2 3.0 SITE CONDITIONS.............................................................................................................. 2 4.0 SUBSURFACE EXPLORATION.............................................................................................. 3 5.0 SUBSURFACE CONDITIONS................................................................................................. 4 6.0 LABORATORY TESTING...................................................................................................... 5 7.0 SITE GRADING.................................................................................................................. 6 8.0 PAVEMENT DESIGN........................................................................................................... 7 9.0 LIMITATIONS................................................................................................................... 11 FIGURES, TABLES, AND APPENDIX Figure 1 Locations of Exploratory Borings and Pavement Cores Figure 2 Log of the Exploratory Boring Figure 3 Photographs of Pavement Cores Figure 4 Swell -Compression Test Results Figure 5 Gradation Test Results Figure 6 R-value Test Report Table 1 Summary of Laboratory Test Results Appendix Traffic Data from CDOT website Traffic Data from FCMaps website ESAL Calculations WinPAS Printouts Drake and Shields Intersection Improvements — Fort Collins, Colorado GE—OCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page ii Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. The Bid tally will be posted at www.rockymountainbidsystem.com within two (2) business days after the Bid Opening. END OF SECTION SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8309 Drake & Shields Intersection Improvements Place_ Date In compliance with your Invitation to Bid dated AK - I %Ut 2014, and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3 4 Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum ($ V ) in accordance with the Invitation to Bid and Instructions to Bidders. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified ,performance and payment bonds are as follows: 11".i�eA Pfrp w- �as�la 11"-, f'1-,.,r.1An i 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. Th undersigned Bidder hereby acknowledges receipt of Addenda No. through - . 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the bid and must be submitted with the bid. The City may reject any incomplete bids as non -responsive. - Bid Form (Section 00300) - Certified or Cashier's Check Bid Bond (Item 3 above and Section 00410) - Acknowledgement of Bid Addenda (Item 7 above) - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) - CDOT Form #606, Anti -Collusion Affidavit (Section 00440) CDOT Form #1413, Bidders List (Section 00450) CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460) Buy America Certification (Section 00470) Certification Regarding Lobbying (Section 00480) 9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms and Conditions incorporated herein as part of the Invitation to Bid. This project has a DBE goal of 10%. In order for a bidder to be responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. These good faith efforts must be completed prior to submittal of the bid. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at hags://www.codot.gov/business/civilri-ghts/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Purchasing Department by 4PM on the next business day after bid opening. 10. The undersigned Bidder shall provide three (3) completed or under construction project references within the contract amount of $250,000 or greater from the past three (3) years. It is the City's preference that the reference projects use the same Project Manager as the Contractor is proposing for this project. References shall include a brief project description, owner contact information, and total contract value. References may be checked by the City and bids that do not include the required references may be deemed non -responsive: Project 1 Name: Brief Description: Owner Contact Information: r I ; A5 Contract Value: !�60R, al . Sq 2 Name: Brief Desch Owner Contact Information: ,- c,� Contract Value: j a 5a a t I. s Pro ect 3 Name: Brief Description: Owner Contact Information: Contract Value: -$ L" D d 11. BID SCHEDULE (Base Bid) Bid Item Contract Item No. Contract Item Unit Estimated Quandtler Unit Price Total Cost S 201-00000 Clearing and Grubbing LS 1 $ _ 2 202-00010 Remo (Tree( 10 $ 3 202-00019 Removal of Inl EA 1 $ _ 4 202-00035 Removal of Pipe LF 16 $ _ 5 202 Removal of Sidewalk and C`chq ete Apron SY 773 $ _ 6 202 Removal of Concrete Median Nose 8 &kn EA 4 $ _ 7 202-00203 Removal of Curb and Gutter LF 1,114 $ 8 202-00220 Removal of Asphalt Mat SY 519 $ _ 9 202-00240 Removal of Asphalt Mat aning) (3 Inches) SY 8,985 $ _ 10 202-00250 Removal of Pave�Rtnl Marking SF 26 $ 11 202-00821 Removal 00ign Panel Ek. 1 $ 12 202-00900 ReTd6 l of Concrete Footing (Top Yof Traffic Signal Pole Bases) EA $ 13 203-0000 Unclassified Excavation CY 857 "A $ 14 203-00060 Embankment Material (Complete In Place) CY 200 $ 15 203-00100 Muck Excavation CY 200 $ - 16 203-01597 Potholing HR 20 $ - 17 t 7 2"05 2 00405 Topsoil (Special) - Pre -amended with 4 cu.yds.11000 sqk Compost (Shrub and Perennial Beds) -18'd. CY 26 $ - 18 208-00 Erosion Log LF 5 S - 19 208-00035 regate Bag LF 100 S - 20 208-00045 Con"a Washout Structure EA 1 $ - 21 208-00051 Storm Drai let Protection (Type 1) LF 75 $ - 22 208-00070 Vehicle Tracking ad EA 1 $ 23 208-00205 Erosion Control Supe or HR 90 $ 24 210 Reset Electrical Box (Private) , EA 1 $ 25 210-00750 Reset Light Standard (Private), EA 1 $ - 26 210-04010 Adjust Manhole(Sanitaryrf EA 1 $ - 27 210-04015 ModifyManhole 1` EA 1 $ _ 28 210-04050 Adjust Valve Box EA 2 S _ 29 212-00050 Sod (Repairincludes sod Wd fine grade) SF 5,950 $ - 30 212-00100 Tree Retention and PgAection LS 1 $ - 31 213-00008 Mulching (Wood ¢flip)-4-d. CF 82 $ - 32 213 Inorganic M#h - 8%12' River RocklCobble (20% of median) TON 1 $ - 33 213 lnorgani Mulch - 3%6"Tan River Rock (30%a of median) T 014 1 $ - 34 213 Inor anic Mulch -1.5' Tan Ritter Rock (50% of median) TON 1 $ - 35 213-00070 andscape Weed Barrier Fabric (Al Inorganic beds) SY 24 S 213-01}10 Metal Landscape Border (3116x4 Inch)- Green Ryerson with integral stakes LF 40 S - 13736 ;213(0700 Landscape Boulder -A Boulder (24"h. x 24%v.x 361.) EA 138 ,13-00700 Landscape Boulder -'B' Boulder (30"h. x 241rr. x 36"I.) EA 1 $ 39/ 213-00700 Landscape Boulder -'C' Boulder (42'h. x 24*w, x 361.) EA 1 $ - 40 214 Deciduous CanopyTrees EA 8 S - 41 214 OmamentalTrees EA 4 $ 4 214 Deciduous Shrubs EA 5 $ 43 214 Evergreen Shrubs EA 1 $ 44 2 Ornamental Grasses'Perennials EA 29 $ - 45 304 ' Aggregate Base Course (Class 5 or 6) TON 85 $ . 46 403 HotXx Asphalt (Patching) (Median) (Assumed 5') TON 35 $ 47 403 Hot Mix Aspalt (Grade S 75) (PG 58-28) (Assumed 5") (Full Depth Area) TOfi 292 $ 48 403 Hot Mix Asphalt rade S 100) (PG 64-28) (Modified Binder Mix wl Modified OR Assumed 3 Oee TON 1,664 $ 49 504 Concrete Wall (6" Widelwall wl6" Thick Sidewalk) LF 105 $ 5o 504 Masonry Brick Wall (12' Wde*all) LF 44 S - 51 603-01155 15 Inch Reinforced Concrete Pipe (6grnplete In Place) LF 34 $ 52 604-19110 Inlet Type R L5 (10 Foot) (With Snout®) EA 1 $ 53 608-00006 Concrete Sidewalk (6 Irch) SY 480 $ - 54 608 Concrete Curb Ramp and Concrete Ap SY 260 $ 55 608 Concrete Median Nose EA 4 $ 56 609-21010 Curb and Gutter Type 2 (Se on I•B) LF 171 $ 57 609-21020 Curb and GLteerTWe,4ectionll-B) `�, LF 1,095 $ 58 610M024 Median CoeerM Hal (4 Inch Sandscape Conc.) SF 356 $ 59 623 Irrigation S m 60 626-00000 Mobiliz7ron LS 1 $ 61 630-00000 [FI ging HR 1'X0 $ 62 630-00007 Traffic Control inspection DAY 5 $ 63 630-012 Traffic Control Management DAY 60 $ 64 0 80355 Portable Message Sign Panel DAY 40 $ E 630 ConstructionTraffic Control LS 1 FORCEACCOUNT 700-70010 F/AMinor Contact ReHsions FIA 1 $50,Od $ 50,000 67 700.70016 F/A Fuel os F1A 1 $2,000.00 $ 2,000 6e 700-70019 F/A Asphalt Cement Cost Adjustment Y� FIA 1 $25,000.00 $ 25,000 69 700-70021 FIAOn-The-Job Trainee f� F7A -,1 $1,000.00 $ 1,000 TOTAL BASt 81t1- IN WORDS: ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X"): YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project 1.0 PURPOSE AND SCOPE This report contains the results of a subsurface exploration and pavement design conducted for the proposed West Drake Road and South Shields Street intersection improvements in the City of Fort Collins, Colorado. A subsurface exploration program was conducted to obtain information on the existing pavement thickness and subgrade materials. Soil samples collected during drilling were visually classified by our project engineer and selected samples were tested in the laboratory to evaluate classification, pavement support characteristics, and other pertinent engineering properties. The results of the field and laboratory testing programs were evaluated to assist in developing geotechnical recommendations for design and construction of the proposed median work and additional right turn lanes along South Shields Street at the intersection of West Drake Road. The subsurface exploration and pavement design calculations were based on the Larimer County Urban Area Street Standards (Larimer County standards) which follow the American Association of State Highway and Transportation Officials (AASHTO) 1993 Guide for the Design of Pavement Structures. This report has been prepared to summarize the data obtained and to present our conclusions and recommendations, based on our understanding of the proposed construction and subsurface conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to the construction of the proposed project are included. Environmental considerations related to the occurrence or potential occurrence of hazardous materials are beyond the scope of this study. Our services were provided in general accordance with our agreement with Interwest Consulting Group, dated July 29, 2014. Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 1 of 11 8309 Drake 8r Shields Intersection Improvements BID SCHEDULE Bid Rem Contract Rem No. Contract Item Unit I Estimated Quantities Unit Price Total Cost 1 201.00000 Clearing and Grubbing LS 1 $12,000.00 $ 12,D00.00 2 202-00010 Removal of Tree EA 10 $800.00 $ 8,000.00 3 202-00019 Removal of Inlet EA 1 $2,1DO. DO $ 2,100.00 4 202-00035 Removal of Pipe LF 16 $26.00 $ 416.00 5 202 Removal of Sidewalk and Concrete Apron SY 773 $11.00 $ 8.503.00 6 202 Removal of Concrete Median Nose & Sign EA 4 $600.00 $ 2.400.00 7 202-00203 Removal of Curb and Gutter LF 1,114 $6.50 $ 7,241.00 8 202-00220 Removal of Asphalt Mat SY 519 $22.50 $ 11,677.50 9 202-00240 Removal of Asphalt Mat (Planing) (3 [riches) SY 8,985 $8.00 $ 71,880.00 10 202-00250 Removal of Pavement Marking SF 26 $10.00 $ 260.00 11 202-MB21 Removal of Sign Panel EA 1 $200.00 $ 200.00 12 2024M Removal of Concrete Footing (Top T of Traffic Signal Pole Bases) EA 4 $750.00 S 3,000.00 13 203-DM Unclassified Excavation CY 857 $40 00 $ 34,280.00 14 203-00060 Embankment Material (Complete in PJace) CY 200 S65.D0 $ 13,000.00 15 203-00100 Muck Excavation CY 200 $40.00 $ 8,000.00 16 203-01597 Potholing HR 20 $225.00 $ 4,500.00 17 207-00405 Topsoil (Special) - Pre -amended with 4 ci yds.11000 sq.R Compost (Shrub and Perennial Beds) -18'd. CY 26 $58.00 $ 1,50800 18 208.0002 Erosion Log LF 55 $15.00 $ 825.00 19 208-00035 Aggregate Bag LF 100 $15.00 $ 1.50000 20 2D8-M5 Concrete Washout Structure EA 1 $1,500.00 S 1,500.00 21 208-40051 Storm Drain Inlet Protection (Type 1) LF 75 $20.00 $ 1,500,00 22 208-00070 Vehicle Tracking Pad EA 1 $1,000A0 $ 1,000.00 23 20840205 Erosion Control Supervisor HR 90 S125 00 $ 11,250.00 24 210 Reset Electrical Box (Private) EA 1 $4,500.00 $ 4,500.00 25 210-00750 Reset tight Standard (Private) EA 1 $1,000.00 $ 1,000.00 26 210-04010 Adjust Manhole (Sanitary) EA 1 $725.00 $ 725,00 27 210-04015 Modify Manhole EA 1 $2,500 00 $ 2,500 00 28 210-0405D Adjust Valve Bon EA 2 $400.00 $ 800,00 29 212-0D050 Sod (Repair includes sod and fine grade) SF 5,950 $1.50 $ 8,925,00 8309 Drake & Shields Intersection Improvements BID SCHEDULE Bid Item Contract Item No, Contract Item Unit I Estimated Quantities tinh Price Total Cost 30 212.00100 Tree Retention and Protection LS 1 $1,500,00 $ 1,500.00 31 213-00008 Mulching (Wood Chip) - 4'd. CF 82 $3.00 $ 246.00 32 213 Inorganic Mulch - 8%12' River Rock/Cobble (20% of median) TON 1 $300.00 $ 300.00 33 213 Inorganic Mulch - 3'-6- Ten River Rock (30% of median) TON 1 $300,00 $ 300.00 34 213 Inorganic Mulch -1.5' Tan River Rods (50% of median) TON 1 $300,00 $ 300.00 35 213-M70 Landscape Weed Barrier Fabric (All Inorganic beds) SY 24 $15.00 $ 360.00 36 213-W460 Metal Landscape Border (3/16x4 Inch) - Green Ryerson with integral stakes LF 40 $15.00 $ 600.00 37 213-00700 Landscape Boulder -'A' Boulder (24`h. x 24'w .x 361.) EA 1 $450.00 $ 450.00 38 213-00700 Landscape Boulder -'B' Boulder (30'h. x 24tiw. x 361.) EA 1 $450,00 $ 450.00 39 213-00700 Landscape Balder -'C' Boulder (42'h. x 24 w. x 367) EA 1 $550.00 $ 550.00 40 214 Deciduous Canopy Trees EA 8 $650.00 $ 5,200.00 41 214 Ornamental Trees EA 4 $650 00 $ 2,600.00 42 214 Deciduous Shrubs EA 5 $110 00 $ 550.00 43 214 Evergreen Shrubs EA 1 $195.00 $ 195.00 44 214 Ornamental GrasseslPerennials EA 29 $30.00 $ 870.00 45 304 Aggregate Base Course (Class 5 or 6) TON 852 $46.00 $ 39,192.00 46 403 Hot Mix Asphalt (Patching) (Medan) (Assumed 5') TON 35 $300.00 $ 10,500.00 47 403 Hot Mix Asphalt (Grade S 75) (PG 58.28) (Assumed 5') (Full Depth Area) TON 292 $125.00 $ 36,500.00 48 403 Hot Mix Asphalt (Grade S 100) (PG 64-28) (Modified Binder Mix wl Modified 01) (Assumed 3') (Overlay) TON 1.664 $125.00 $ 208,000 00 49 504 Concrete Wall (6' Wide Wail w/ 6' Thick Sidewalk) LF 105 $225.00 $ 23,525 00 50 504 Masonry Brick Walt (12` Wide Wall) LF 44 $85 00 $ 3,74000 51 603-01155 15 Inch Reinforced Concrete Pipe (Complete in Place) LF 34 $150 00 $ 5,100.00 52 604-19110 inlet Type R L5 (10 Foot) nth Snout®) EA 1 $7.500.00 $ 7,500.00 53 608-00006 Concrete Sidewalk (6 Inch) SY 480 $85.00 $ 40,800.00 54 608 Concrete Curb Ramp and Concrete Apron SY 260 $115 00 $ 29,900.00 55 608 Concrete Medan Nose EA 4 $2,250.00 $ 9,000.00 56 609.21010 Curb and Gutter Type 2 (Section 1-8) LF 171 $32,00 $ 5,472.00 57 609-21020 Curb and Gutter Type 2 (Section 11.3) LF 1,095 $35.00 $ 38,325.00 58 610-00024 Medan Cover Material (4 Inch Sandscape Cone) SF 356 $19.00 $ 61764.00 8309 Drake & Shields Intersection Improvements BID SCHEDULE Bid kern Contract Item No. Contract Item Unit Estimated OuantMes Unit Price Total Cost 59 623 1rigalJonSystem LS 1 $20,000.00 $ 20,000,00 60 626-00000 Mobilization LS t $75,000.00 $ 75,000.00 61 630-00000 Flagging HR 1,500 $36.00 $ 54,000.00 62 63M007 Traffic Con" Inspection DAY 5 $140.00 $ 700.00 63 630-00012 Traffic Control Management DAY 60 $650.00 $ 39,000 00 64 630-80355 Portable Message Sign Panel DAY 40 $650.00 $ 26,000 00 65 630 Construction Traffic Control LS 1 $17,000.00 $ 17,000.00 FORCE ACCOUNT 66 700.70010 F/A Minor Contract Revisions F/A 1 $50,000.00 $ 50,000 67 700 70016 F/A Fuel Cost Adjustment F/A 1 $2.000,00 $ 2,000 68 700-7D019 F!A Asphalt Cement Cost Adjustment F/A 1 $25.000.00 $ 25,000 69 700-70021 F!A On•The,lob Trainee F/A 1 $1,000.00 $ 1,00o TOTAL BASE BID $ i.0', 3'_•30 IN WORDS: 11. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: CONTRACTOR BY: '� ?'X1 a,5 o ao It, Signature Date Title License Number (if Applicable) (Seal - if Bid is by corporation) Telephone (BI0 �j 9 R • i ► C • «•a SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti -Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Mountain Constructors, Inc. as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of Five Percent of Amount Bid ($ 5% ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the gity 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, 8294 Drake & Shields Intersection Improvements. NOW THEREFORE, (a) if said Bid shall be rejected, or (b) if said Did 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 fumish 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 veld; 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. 'United Fire & Casualty Company IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 10th day of May , 2016, 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, 622 Main Street Platteville CO 80651 By: 2t: L /4 �- Title, eS't cue. ATTEST: By` �® SURETY United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, IA 52407 By: gza'4w Title: Florietta Acosta. Attorney -in -Fact (SEAL) (SEAL) AAM UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA .1 UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX Inquiries: Surety Department U11gul FINANCIAL PACIFIC INSURANCE COMPANY, ROCIQ.IN, CA 118 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of xas; 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 Rappids, 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, O0 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 atiorneys-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 seat, 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. ;ua;'�,, 4f 4", „„+++++//�,, IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its 's ". � �. ; Q�c`4.ppaRtt - affixed vice president and its corporate seal to be hereto axed this 6th day of May, 2015 RPORATE Z': CD11O11`h 3 a UNITED FIRE & CASUALTY COMPANY =' SEAL ,''%•,,�f��no,`�� z eeu gut" a-" UNITED FIRE & INDEMNITY COMPANY ry;+�•,,i� t•* `,r -�(ipp�t�:' t�� FINANCIAL PACIFIC INSURANCE COMPANY ""11lMIII(N0� By. � I State of Iowa, County of Linn, ss: "'—mice 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 UN= 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 instnunent; 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. uta Maryo Berrialsch Se ; BaW1 $ 1 Iowa Notarial Seal �' � � j�(� ILUiL%� v • i Commission numtxr 713273 `" -I Q` Notary Public My Commission Expires 1012612016 My commission expires: 10/26/2016 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNTIED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compasYd 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 fo;.h i> said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct tranacripts 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 subscribed my name and affixed the corporate seal of the said Corporations this 1 Ot-h day of May 20 16 . 4 rj �i 0, Y1N041y /i� r�% +`�pC' CORPORATE = coRPORATE SEAL e? ay SUL tz i2' c r,`��F BY: ��G�/,,i�'�f Secretary, OF&C Assistant Secretary, OF&UFP1C 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. Name of Bidder: _jN L. ADj,kr1.- r`UtcL,C <., :cn r 2. Permanent main office address: Lou Mn�r-', ,iT - xi- -p Vs it . tom} g0(,-51 3. When organized: (coves -,L e_r- a 4. If a corporation, where incorporated: OE do 5. How many years have you been engaged in the contracting business under your present firm or trade name?_ aq V p_,t Y- 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you, or a firm for which you were principal, ever failed to complete any Work awarded to you?_ __LNIC�' If so, where and why? 9. Have you, or a firm for which you were a principal, ever defaulted on a contract? If so, where and why? 10. Are you, or a firm for which you were principal, debarred by any government agency? 0 If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 500 0 o 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? Y e's If yes, in what city, county and state? e.PA ':)16r''CLd0 What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract?(? S 2.0 PROPOSED CONSTRUCTION Based on the available information provided by Interwest Consulting Group, we understand that the proposed improvements include the widening of Shields Street to provide dedicated northbound and southbound right turn lanes onto Drake Road, The improvements are expected to including new Hot Mix Asphalt Pavement (HMAP) in the turn lanes, striping to maintain narrow northbound and southbound bike lanes along Shields Street, and new adjacent concrete curb/gutter and sidewalks. We understand that, where possible, new pavements are expected to be constructed to match existing grades. Improvements including outbound corner changes and minor work in the median are also planned for the intersection of Shields Street and Davidson Drive, just south of the Drake and Shields intersection. Site grading for new pavements is expected to be minor. If the proposed construction is significantly different from that described above, this office should be notified for review of our recommendations. 3.0 SITE CONDITIONS The project site is situated in an area of bench -and -valley uplands that have been dissected by northeast -flowing Spring Creek located in a gently -sloped low relief valley about one -quarter mile to the north. The overall project area and immediately surrounding lands slope very gently downward to the north; all have been well -graded for previous roadway construction, drainage control and commercial development. Both approach roadways are divided, asphalt -paved, major arterials and meet at a signal - controlled intersection. South Shields Street has four through lanes with one dedicated inside turn lane on each side of the intersection. Similarly, West Drake Road has four through lanes with two dedicated interior and one dedicated outside turn lane on each side of the intersection. Both roadways have narrow dedicated bicycle lanes and adjacent curbs, landscaped parkway strips and sidewalks. Surrounding Drake and Shields Intersection Improvements — Fort Collins, Colorado GEOCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 2 of 11 If yes, what percent of total contract? ,_,co And to whom? � .�g,�ca la� 20. Are any lawsuits pending against you or your firm at this time? t\l c) IF yes, DETAIL 21. The City of Fort Collins requires General Liability coverage of $1,000,000 and Automotive Liability of $1,000,000. Can you meet these requirements? _VQ,-- t What Company is your insurance carrier? T ►Y, l e T s jr-ogwty " Co. 22. What are your company's bonding limitations? to; t (to n to n0i 11;0 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Haffev; Ite. this 0?0 day of M0.y , 20; ,. Name of Bidder By: Title:erIt- State of L n 145r0;c10 County of , s it.�riZ being duly sworn deposes and says that he is 'C�c�er of 'i�,Krx and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20. 0-MEP 1 ffi-w- 04 My commission expires SANDY P. AREND$ NOTARY PUBLIC STATE OF COLORADO NOTARY ID.19914013585 MY COMMISSION EXPIRES MAY 1, 2019 0 -,r4- 0 1�►� a1ST Uct � WORK ON HAND AS OF MAY 2016 ITEM #6 CONTRACT ESTIMATED ESTIMATED DATE PERCENT PROJECT NAME OWNER / ARCHITECT PRICE START DATE OF COMPLETION COMPLETE Town of Severance Roadway & Drainage Improvements (970) 395-9880 $1,754,847.00 6/22/2015 6/30/2016 50% Town of Windsor Trail Improvement Project (970) 674-2413 $83,129.90 4/18/2016 9/1/2016 0% City of Fort Collins Timberline & Prospect Intersection (970) 221-6775 $3,450,966.98 5/9/2016 9/15/2016 0% Town of Platteville Sterkel Boulevard Improvements KBN Eng. (970} 395-9880 $521,694.50 6/1/2016--t 8/4/2016 0% TOTALS $5,810,638.38 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 $58,85B.66 10/11/2010 Joe Marcisofsk 970 336-4124 C4 of Fort Morgan Fort Morgan Municipal Airport $188,958.25 10/31/2010 Jared Moren 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 Samanie o 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 Stranber 303 398-6770 City of Greeley Poudre Ponds Recreational Fishery $153,229.31 1/31/2011 Sarah Boyd 970 336-4180 CDOT SH 392 CSC 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 Juer ens (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 Coun Public Works WCR 17/WCR 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 1 12/10/2011 lWendi Palmer (303) 926-2875 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 City of Loveland 2011 Stormwater Maintenance Projects $299,604.29 12/31/2011 Eric Lessard 970 962-2773 City of Thornton 160th / Bull Canal Bridge Replacement $236,258.00 2/29/2012 Eduardo Moreno 720 977-6272 Northem Colorado Traffic Con 1 st & Cherry Creek Bridge - Barrier Rental $49,500.00 5/9/2012 Trisha Sandau 970 356-6881 CDOT US 287 Dry Creek Bridge Replacement $1,785,952.73 5/23/2012 Louis Keen 970 622-1282 Town of Frederick Moore Farms Drainage Outfall Channel $69,630.00 5/23/2012 Richard Nickson 720 382-5600 City of Fort Collins Intersection Improvements at Harmony & Lemay and Drake & Lemay $418,146.01 8/22/2012 Timothy Kemp, PE 970 416-2719 Weld County School Dist #6 Greeley West High School Parking Lot $15,830.09 6/27/2012 Bevan Arch 970 348-6101 Weld County Public Works WCR 54149 Intersection $887,206.00 7/27/2012 Mike Bedell 970 301-0780 City of Fort Morgan Barlow Road Bridge Repair $37,301.00 7/25/2012 Bradley Curtis 970 542-3901 Town of Hudson Hudson Fishing Pond $290,136.00 8/31/2012 Joe Racine 303 536-9311 Northern Colorado Traffic Control, Inc. US 34 Overlook - Barrier Rental $13,296,00 10/31/2012 Trisha Sandau (970) 356-6881 DPC Industries, Inc. Rail Spur Widening $30,000.00 10/16/2012 Richard McLamb 303 536-4000 State of Colorado - D.O.W. Poudre River SFU Intake Structure $33.179.00 10/31/2012 Cary Pilon 303 204-2252 Larimer County Replacement of Culverts 43-S3.03-61 & 43-1.78-61 $391,322.09 11/3/2012 Joe Temple 970 498-5717 CDOT SH 7 Business Route - Culvert Replacement $127,339.30 12/12/2012 Bill Aldorfer 303 546-5661 Larimer County Replacement of Bridge No. 54G-0.6-23E $164,082.52 4/5/2013 Kyle Arend 970 498-5734 City of Greeley 1 sl Street Storm Line Replacement at 6th Ave. $128,788.25 4/11/2013 Linda Hood 970 350-9274 CDOT US 85/CR 42 Traffic Signal $688,136.25 5/16/2013 Michelle Martin 970 5064940 City of Greeley 165th Avenue - S. of US 34 Bypass $182,163,04 1 5/28/2013 IRafael Samaniego 1 (970) 336-4122 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 Brannan Sand & Gravel Niwot Road Neva Road $635,849.69 6120/2013 Bob Allison 303 604-0688 Sherwood Village Assoc. Drainage & Pavement Improvements Phase 1 $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 11/5/2013 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 2013 Stormwater Maintanance Projects $984,965.29 11130/2013 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 1 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 City of Evans C Streambank - Flood Repair $44,281.35 5/30/2014 Dawn Anderson 970 475-1160 City of Loveland 4th & Railroad Parkin Lot $96,045.37 6/30/2014 Marc Ka asks 970 962-2393 Weld County Public Works WCR 23/SH 392 Intersection $2,430,240.98 7/31/2014 Mike Bedell, P.E. 970 304-6496 Town of Windsor 7th Street Trail $250,600.96 8/31/2014 Curtis Tem leman, P.E. 970 674-2400 Airfield Western, LLC Erie Municipal Airport $12,763.00 10/29/2014 Brian Hoops 970 252-1747 Town of Millikem Heritage House Site Improvements $84,888.70 10/31/2014 Sharlene Shadowen, P.E. 970 226-0342 City of Fort Collins West Side Access Road - N. College Road Improvements $609,277.54 11/14/2014 Randy Maizland 970 221-6775 City of Fort Morgan Upper Platte & Beaver Canal Bank Stabilization $155,979.00 12/31/2014 Brad Curtis 970 542-3901 City of Loveland 2014 Loveland Stormwater Maintenance $433,350.08 12/31/2014 Eric Lessard 970 962-2773 City of Fort Collins W. Prospect Road Bridge Replacement $788,752.17 1/31/2015 Mark Laken 970 222-3546 Coulson Excavating Dakota Glen First Subdivision $12,880.00 3/24/2015 Bill Schrader 970 667-2178 City of Greeley 20th Street, 1st Avenue to Balsam Avenue $1,212.884.20 4/9/2015 Dave Wells, P.E. 970 350-9881 City of Fort Morgan Riverside Park Pedestrian Bridge $106,333.33 4/17/2015 Brad Curtis 970 542-3901 Coulson Excavating Town of Berthoud $23,896.00 4/21/2015 Bill Schrader (970) 667-2178 City of Fort Morgan Linda Street Construction $551,905.82 5/31/2015 Brad Curtis 970 542-3901 City of Greeley 101h Street Access Control Project $2.056,317.12 5/31/2015 Rafael Samanie o (970) 336-4122 Town of Windsor WCR 21 @ Greeley No, 2 Canal $709,635.70 6/25/2015 Curtis Tem leman, P.E. 970 674-2400 City of Loveland Madison Avenue Bridge $1,250,911.53 6130/2015 IShelleyAschenbrenner 970 962-2558 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. Drainage & Pavement Improvements Phase 2, 3, and 4 $467,209.20 7131/2015 Mike Ketterling KBN Engineers 970 395-9880 Town of Hudson Beech Street Improvements $406.879.00 8/31/2015 Buddy Vierow KBN Engineers 970 395-9880 CDOT US 34 & 71st Avenue in Greeley $319,312.10 9/9/2015 Esayas Butta 970 350-2268 City of Loveland Sage Court $324,991.00 9/30/2015 Eric Lessard 970 962-2773 Larimer County Culvert No. 23-0.15-50E (Mill Creek) $219.993.37 10/15/2015 Erich Purcell (970) 646-2064 Town of Johnstown S. Parish Avenue Road Widening $1,007,625.21 10/31/2015 Tom Hellen 970 587-4664 Weld County Public Works Weld County Road 13,19 & 126 Haul Road Project $4.796,588.12 11/9/2015 Richard White (970) 304-6496 CDOT SH 257 Bride Repairs $724,007.87 11/23/2015 Kathy Peterson 970 350-2368 City of Loveland lCascade Avenue $167,421.00 1 11/30/2015 Eric Lessard (970) 962-2773 SIMILAR PROJECTS MOUNTAIN CONSTRUCTORS, INC. CONSTRUCTION EQUIPMENT AVAILABLE QUANTITY DESCRIPTION 15 Pick Up Trucks, 3/4 Ton 5 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 ITEM #12 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 8921), JD 892E, ID 4501-C, JD 330 CLC, JD 350D LC, Komatsu PC228US-3, Kubota U35 4 Skid Steer - Bobcat 5175, 5300, 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) 7 Wheel Loaders - CAT 950, CAT 966E, CAT 966F,CAT 966H, CAT 980F, 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 / VP Finance 17 Steve Bisig General Superintendent / Project Manager 44 Dan Boyer Superintendent / Project Manager 10 Mathew Carlson Erosion Control / Safety 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. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM —T t=cc (-ouTJZ6L SUBCONTRACTOR Aweu)�crt�� properties are well -developed with two-story multi -unit residential units and office buildings, low-rise shopping center -strip mall businesses, and a few single -story, duplex style residential units. Published geologic mapping refers all original (pre -construction) unconsolidated surficial material to the Slocum Alluvium and typifying the soil as alluvial fan -terrace deposits of clayey and sandy gravel with cobbles and small boulders of mostly well-rounded igneous and metamorphic rock. Larger gravel pebbles and oversize clasts are commonly weathered and exhibit calcium carbonate mineral precipitate crusts; carbonate mineralization of the finer matrix soil may locally "weld" it to rock -like hardness as layers of caliche ("hardpan"). Slocum deposits up to 20 feet thick are described in the region. No bedrock is mapped as being exposed within about two miles of the project intersection. 4.0 SUBSURFACE EXPLORATION The subsurface exploration for this project was conducted on January 15, 2015, and consisted of drilling three pavement cores and one geotechnical boring at the approximate locations shown on Figure 1, Locations of Exploratory Borings and Pavement Cores. Pavement cores PC-1 and PC-2 were obtained from the Shields Street pavement and were drilled with a frame -mounted drill equipped with a 33/< inch inside diameter (ID) core barrel. After coring, the holes were patched with asphalt cold patch compacted in lifts to a thickness at least as thick as the pavement cored. Boring P-1 was drilled to a depth of approximately 10 feet and prior to drilling, the asphalt pavement was cored using a 6 inch ID core barrel. The boring was drilled with a Central Mine Equipment (CME) 75 truck -mounted drill -rig equipped with 6 inch diameter solid -stem augers. A representative of Geocal, Inc. logged the boring and collected the pavement cores. Soil samples were collected from Boring P-1 generally following the ASTM D3550 standard test method using a nominal 2 inch ID California spoon sampler. The penetration resistance values, when properly evaluated, provide an indication of the relative density or consistency of the soils or bedrock hardness. Samples were obtained at approximately 5 foot intervals, and a composite bulk sample of auger Drake and Shields Intersection Improvements - Fort Collins, Colorado GE-OCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 3 of 11 SECTION 00440 COLORADO DEPARTMENT OF TRANSPORTATION cCT NO >RQJRn� _ /Q ANTI -COLLUSION AFFIDAVIT :OCAT)ON �xr�lce. �-Sh�cz..lds 'For4,- C-61j1nS I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, If not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. i further attest that: 1. The prices) and amount of this bid have been arrived at Independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who Is a bidder or potential prime bidder on this protect, and will not be so disclosed prior to bid opening. 2R Neither the prices nor the amount of the bid of any other firm or person who Is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or Induce any firm or person who Is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non- competitive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime bidder on this project to submit an Intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm Is made In good faith and not pursuant to any consultation, communication, agreement or discussion with, or Inducement or solicitatlon by or from any firm or person to submit any Intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to arty firm or person, whether In connection with this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any Intentionally high, noncompetitte or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether In connection with this or any other project, In consideration for my firm's submitting any Intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent Inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firms bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, coliuslon, or other conduct Inconsistent with any of the statements and representations made In this affidavit. 8. 1 understand and my firm understands that any misstatement In this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. ccntrsctots firm or company norm By his 0tXn`.0.» x t 2nd contracbfa lmt or company name (0 pni VYnLm.) By 1;as Swom to before me this ;� day of, / voy 20 Noi FLOIC 7� _, SANDY P. ARENDS NOTARY PUBLIC My corm STATE OF COLORADONOTARYlO: 1991401 NOTE: This document must be signed in ink. COMMISSION EXPIRES MAY 1, 2a19 caoT Form "m ww DEPARTMENT OF TRANSPORTA BIDDERS LIST Project Name and Number I Project Code I Proposal Date Contractor Region SHO M455-109 19059' 5/20/2016 1 MOUNTAIN CONSTRUCTORS INC. 4 ntractors/SuppliersIVendors: The bidder must list all firms seeking to participate on the contract. This information is used by the Jo Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to this form may result in the proposal being rejected. Firm Name Email Work Proposed DBE I Selected I--___ I I (Select all that apply) (Y/N) (Y/N) -, VJ 11 certify that the information provided herein is true and correct to the best of my knowledge. POE KUNTZ I (/ l�,c�'- 1PRESIDENT 15/20/201E Work Proposed Cateporles: 1. Materials and Supplies 2. Flagging and Traffic Control 3. Trucking and Hauling 4, Precast Concrete, Foundations, and Footings 5 Concrete Paving, Flantinrk and Repair 6 Lighting and Electrical 7. Signs, Signal Installation. and Guardrail 8, Fencing 9 Buildings and Vertical Structures 10 Utility, Water and Sever Lines 11. St IgAiral Steel and Steel Reinforcement 12. Ripnap and Anchored Retaining Walls 13 Landscape and Erosion Control 14. Bridge and Bridge Deck Construction 15. Asphalt Paving 16. Road and Parking Lot Afarking 17, Chip Seal Crack Seal Joint Seal and Crack Fill 18. Bridge Painting and Coating 19 Stairway and Onwental Metal 20. Parking Lots and Commercial Sidewalks 21. Clearing. Demolition. Excavation and Earthwork 22 Engineering and Surveying Services 23 Public Relations and Involvement 24 Piles and Deep Foundations 25 Waste Management and Recycling 26 Site Clean Up 27. A-lachanical and HVAC 28. Tunnel Construction 29. Profiling and Grinding 30. Environmental Health and Safety s form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us. CDOT Form #1413 01114 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: MOUNTAIN CONSTRUCTORS, INC. Project: SHO M455-109 Contact: JOE KUNTZ Project Code: 19059 Phone: 970-785-6161 Date of Proposal: 5/20/2016 Email: joe@mtnconstructors.com Contract Goal: 10% Preferred Contact Method: Region: 4 DBEi..oi9nm meets DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Lightfield Enterprises Inc. Traffic Control $107,050.00 $107,050.00 Total Eligible Participation $107,050.00 Total Bid Amount $1,013,679.50 Total Eligible Participation Percents a 10.56% Bki!raSigatura This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of COOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Joe Kuntz President 5/20/2016 Name Title I "Signature Date This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot—hq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 SECTION 00470 BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE 1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name_ May- w^r Title �r'e-s_;4p-a .< Certificate of Non -Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title SECTION 00480 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19196). 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, A6C&.,1j 4; n �u.t.. rs r '7:, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official errs Name and Title of Contractor's Authorized Official M U ao1, 1 t. Date SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: JUNE 23, 2016 TO: MOUNTAIN CONSTRUCTORS INC PROJECT: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 20, 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8309 Drake & Shields Intersection Improvements. The Price of your Agreement is One Million Thirteen Thousand Five Hundred Eighty Dollars ($1,013,580). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by July 8, 2016. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23rd day of June in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and 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 8309 Drake & Shields Intersection Improvements. ARTICLE 2. ENGINEER The Project has been designed by Interwest Consulting Group, 1218 W Ash, Suite A, Windsor, CO 80550. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, within Sixty -Five (65) calendar days after the date when the Contract Times commence to run. 3.2 The Work must be completed by the Contractor and ready for Final Payment and Acceptance in accordance with Article 14 of the General Conditions within Ten (10) calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Four Hundred Dollars ($1,400) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Payment and Acceptance: One Thousand Four Hundred Dollars ($1,400) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Thirteen Thousand Five Hundred Eighty Dollars ($1,013,580), 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, cuttings was collected from the upper five feet of the boring. Upon completion of drilling, Boring P-1 was backfilled with auger cuttings and compacted with the weight of the drill rig, and the pavement was patched with approximately 9 inches of compacted asphalt cold patch. The soil samples collected were transported to our laboratory for review by our project engineer and selected samples were programmed for testing. A log of the subsurface conditions encountered in Boring P-1, including sample depths, penetration resistance values, and description of the materials encountered is shown on Figure 2. 5.0 SUBSURFACE CONDITIONS The exploratory boring and pavement cores encountered a layer of asphalt pavement at the ground surface, the thicknesses of which are summarized in the following table: Location Boring P-1 Core PC-1 Core PC-2 Asphalt Thickness (inches) 6'/2 11'/4 12 Photographs of the pavement cores are presented on Figure 3. Approximately 9'/2 inches of Aggregate Base Course (ABC) material, generally consisting of poorly graded sand with silt and gravel, was encountered below the asphalt in Boring P-1; similar ABC material also encountered below the asphalt in PC-1 and PC-2. Artificial fill was encountered below the ABC in Boring P-1 which extended to the maximum depth explored, 10 feet. The artificial fill generally consisted of loose to very loose clayey sand and was moist, low to medium plasticity, mottled dark brown, and contained fine to coarse sand. Groundwater and bedrock were not encountered within the depths explored; however, groundwater levels can be expected to fluctuate with varying seasonal and weather conditions. Drake and Shields Intersection Improvements — Fort Collins, Colorado GEQCAL Subsurface Exploration and Pavement Design - G14.1565.000 Page 4 of 11 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 STANDARD PLANS LIST 3-5 GENERAL NOTES 6-7 TYPICAL SECTIONS 8 SUMMARY OF APPROXIMATE QUANTITIES 9 TABULATION OF REMOVAL. RESET & ADJUSTMENT 10 TABULATION OF SURFACING OUANT & STRUCTURES AND MISC_ CONC. 11 TABULATION OF EARTHWORK 12 TABULATION OF SURVEY 13 SURVEY CONTROL PLAN 14-16 BORING AND POTHOLE LOCATION 17 EXPLORATORY BORING LOG 18-20 REMOVAL PLANS 21-23 ROADWAY PLANS 24-25 FLOWLINE PROFILES 26-30 GRADING AND EROSION CONTROL PLANS 31-32 STORMWATER MANAGEMENT PLAN 33-36 CROSS SECTIONS 37-39 SIGNING AND STRIPING PLANS 40-43 CONSTRUCTION DETAILS L1-0 LANDSCAPE PLANS (7 SHEETS) IRO.0-IR2.4 IRRIGATION PLANS (11 SHEETS) 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 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. FORT COLLINS RY, CITY MANAGER GERRY P1kUL PURCHASING DIRECTOR Date: -7I t h t Attest:zv!yotkf'//1�i11M City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Senior Assis ant ity torney CONTRACTOR: MOUNTAIN CONSTRUCTORSINC. By: Printed: Soe_ K_LnTZ Title: "�IrE,S\C P_n�. Date: Gla.B IG (CORPORATE SEAL) Attest Address for giving notices: _. O.3ax 40 5 C_o $oG51 LICENSE NO.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8309 Drake & Shields Intersection Improvements Project 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. M 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. 54207285 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 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of One Million Thirteen Thousand Five Hundred Eighty Dollars ($1,013,580) 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 23rd day of June in the year of 2016, a copy of which Is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8309 Drake & Shields Intersection Improvements Project. 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. 54207285 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this28th day of June , 2016. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: Not Applicable — Not Applicable IN P ENA OF: Lee Anne Meaux, Surety Witness (Surety Seal) Principal Mountain Constructors, Inc. {Title) r•�5,�i e r� 622 Main Street, Platteville, CO 80651 (Address) Other Partners By: Not Applicable By: Not Applicable Surety United Fire & Casualty Company Florietta Acosta, Attorney -in -Fact By: P.O. Box 73909 Cedar Rapids, IA 52407 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond, SECTION 00615 PAYMENTBOND Band No. 54207285 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 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Million Thirteen Thousand Five Hundred Eighty Dollars ($1,013,580) 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 23rd day of June in the year of 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8309 Drake & Shields Intersection Improvements Project. 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 tirne, 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, I TO Tli•rove,W11We& IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this28th day of June, 2016. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN R S �OF: Lee Anne Meaux, Suretv Witness (Surety Seal) Principal Mountain Constructors, Inc. By: X�- L4� - �t� elk- ae_rL-L (Title) 622 Main Street. Platteville. CO 80651 (Address) Other Partners Not Applicable Not Applicable Surety United Fire & Casualty Company By: NU4e6Z<d� f YUll2=— Florietta Acosta, Attorney -in -Fact By: P.O. Box 73909, Cedar Rapids, IA 52407 (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 Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 U'A CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; 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 attomeys-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 attomeys-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 attomey-in-fact. 'CAS 1++ ,r tiµ,�,� ' IN WITNESS WHEREOF, the COMPANIES have each caused these resents to be signed b its ++. P Y `�'', ;```"F��'Ns°2%,,; vice resident and its co orate seal to be hereto affixed this 1sT day of JANUARY, 2016 `r`Q?�4pPP0l1q. cF�-, P corporate Y CORPORATE,Z CORPORATE 8-.2. lF•, _�_ ;_ sZ ` SMY22 a,i UNITED FIRE& CASUALTY COMPANY °' `' ?� x= 7a'; t966 ;ate; UNITED FIRE &INDEMNITY COMPANY ° SEAL o� �a SEAL ; y •• n e• a o' �`"•• 4f/FOP\` FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: Vice President On 1ST day of JANUARY, 2016, 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. Judith A. Davis _ Iowa Notarial Seal ' MY Commission number 173041 Notary Public owh My Commission Expires 04/23/2018 My commission expires: 04/23/2018 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY 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 forth 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 subscribed my name and affixed the corporate seal of the said Corporations this 28th day of June 2016 "' erIf-Eu HiaG, �:10 09,q zz:iy CORPORATE ,' _=„a, CORPORATE 0LY2 ��•i0' �7 Y�� SEAL SEAL ems: /FOP?.� BPOA0049 0913 By: A5-214. v� Secretary, OF&C Assistant Secretary, OF&I/FPIC