Loma Port of Entry ANS Traffic Rerouting

APPENDICES

PROJECT I.D. NO. C26AU5

IFB1: IFB1 2027*042

PRE-BID CONFERENCE: Wednesday, October 15, 2026 at 11:00 a.m.

BID OPENING: Tuesday, October 27, 2026 at 11:30 a.m.

TABLE OF CONTENTS

Loma Port of Entry ANS Traffic Rerouting

C26AU5

APPENDIX A ................................................. General Conditions for Capital Construction

APPENDIX B ........................................................... Sample Construction Contract

General Conditions for Capital Construction, October 2026

State of Colorado Department of Natural Resources

Colorado Parks and Wildlife

To All Contractors:

The General Conditions for Capital Construction dated October 2026 are a part of all

Colorado Parks and Wildlife contracts and solicitations, including without limitation a

State of Colorado Construction Agreement, a State of Colorado Construction Purchase

Order, Invitation for Bid (IFB), Documented Quotation (DQ) or Request for Proposal (RFP).

It shall be the responsibility of the Contractor to possess and retain this document for bidding purposes and construction for all Colorado Parks and Wildlife projects.

General Conditions

Index to Sections

Section 1 - Abbreviations, Definitions and Terms

1.1 Abbreviations:

1.2 Definitions:

Section 2 - Interpretations

2.1 Titles or Headings

2.2 Interpretations of Quantities in Bid Proposal

2.3 Material Guaranty

2.4 Conflicts

Section 3 - Execution of Contract, Bonds and Insurance

3.1 Execution and Approval of Contract

3.2 Failure to Execute Contract

3.3 Bond and Insurance Requirements

Section 4 - Scope of Work

4.1 Intent of Contract

4.2 Alterations of Plans or Character of Work and Variations in Plan Quantities

4.3 Extra Work

4.4 Rights in and use of Materials Found on the Work

4.5 Final Cleaning Up

Section 5 - Control of Work

5.1 Authority of the Project Manager

5.2 Plans And Shop Drawings

5.3 Conformity with Plans and Specifications

5.4 Coordination of Plans, Specifications, and Special Conditions

5.5 Cooperation by Contractor

5.6 Protection of Utilities

5.7 Cooperation Between Contractors

5.8 Construction Stakes, Lines and Grades

5.9 Authority and Duties of Project Manager

5.10 Authority and Duties of the Inspector

5.11 Inspection of Work

5.12 Removal of Unacceptable and Unauthorized Work

5.13 Load Restrictions

5.14 Maintenance During Construction

5.15 Failure to Maintain Project or Structure

5.16 Acceptance

5.17 Claims for Adjustments and DIsputes

Section 6 - Control of Material

6.1 Source of Supply and Quality Requirements

6.2 Samples, Tests, Cited Specifications

6.3 Plant Inspection

6.4 Storage of Materials

6.5 Handling Materials

6.6 Unacceptable Materials

6.7 Division Furnished Materials

6.8 Protection of Work and Materials

Section 7 - Legal Relations and Responsibility to Public

7.1 Laws to be Observed

7.2 Permits, Licenses, and Taxes

7.3 Patented Devices, Material and Processes

7.4 Federal Aid Provisions

7.5 Sanitary Provisions

7.6 Public Convenience and Safety

7.7 Barricades and Warning Signs

7.8 Use of Explosives

7.9 Protection and Restoration of Property and Landscape

7.10 Forest Protection

7.11 Responsibility for Damage Claims

7.12 Contractor’s Responsibility for Work

7.13 Contractor’s Responsibility for Utility Property and Services

7.14 Furnishing Right of Way

7.15 Personal Liability of Public Officials

7.16 No Waiver of Legal Rights

7.17 Affidavit Relative to Collusion

7.18 Archeological and Paleontological Discoveries

7.19 Air and Water Pollution

7.20 Anti Discrimination

7.21 General

Section 8 - Prosecution and Progress

8.1 Subletting of Contract

8.2 Notice to Proceed

8.3 Prosecution and Progress

8.4 Character of Workers, Methods and Equipment

8.5 Determination and Extension of Performance Time

8.6 Failure to Complete Work on Time

8.7 Default of Contract

8.8 Termination of Contract by the Division for Cause

8.9 Termination for Convenience of the State

8.10 Damages

Section 9 - Measurement and Payment

9.1 Measurement of Quantities

9.2 Scope of Payment

9.3 Compensation for Altered Quantities or Changes in the Work

9.4 Eliminated Items

9.5 Partial Payments

9.6 Payment for Material on Hand

9.7 Payments Withheld

9.8 Deduction for Uncorrected Work

9.9 Correction of Work before Acceptance

9.10 Acceptance and Final Payment

9.11 Correction of Work After Final Payment (Warranty Period)

9.12 Liens

Section 1 - Abbreviations, Definitions and Terms

1.1Abbreviations:

Wherever the following abbreviations are used in these Specifications or on the Plans they shall be construed the same as the respective expressions represented:

AAN American Association of Nurserymen

AAR Association of American Railroads

AASHTO American Association of State Highway Officials

ACI American Concrete Institute

AGC Associated General Contractors of America

AGA American Gas Association

AI Asphalt Institute

AIEE American Institute of Electrical Engineers

AIA American Institute of Architects

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

AITC American Institute of Timber Construction

ANSI American National Standards Institute, Inc.

ARA American Railway Association

AREA American Railway Engineering Association

ASCE American Society of Civil Engineers

ASHRAE American Society of Heating Refrigeration and Air Conditioning Engineers

ASME American Society of Mechanical Engineers

ASTM American Society of Testing and Materials

AWG American Wire Gauge

AWPA American Wood Preservers' Association

AWS American Welding Society

AWWA American Water Works Association

CDOT Colorado Department of Transportation

CDPHE Colorado Department of Health and Environment

Section 1 - Abbreviations, Definitions and Terms 1

CRS Colorado Revised Statutes, 1973, as amended

CRSI Concrete Reinforcing Steel Institute

DFPA Douglas Fir Plywood Association

DIPRA Ductile Iron Pipe Research Association

EIA Electronic Industries Association FHWA Federal Highway Administration

FSS Federal Specifications and Standards

GC General Conditions for Capital Construction

GSA General Services Administration

ICBO International Conference of Building Officials

IEEE Institute of Electrical and Electronics Engineers

IES Illuminating Engineers Society

IMSA International Municipal Signal Association

IPCEA Insulated Power Cable Engineers Association

ITE Institute of Transportation Engineers

NBS National Bureau of Standards

NEC National Electrical Code

NEMA National Electrical Manufacturers' Association

OSHA Occupational Safety and Health Association

IPC International Plumbing Code IBC International Building Code

UL Underwriters' Laboratories Incorporated

Section 1 - Abbreviations, Definitions and Terms 2

1.2 Definitions:

Advertisement: A public announcement inviting Bids or Proposals for work to be performed or materials to be furnished.

Amendment: A formal modification to the Contract which must be executed in a writing signed by the Contractor, Division, and Controller.

Award: The acceptance by the Division of a Bid or a Proposal by giving a Notice of Award.

Basis of Payment: The terms under which "work" is paid, designated as a "Pay Item," which is paid for in accordance with the quantity measured and the "Pay Unit," As more particularly described in the Specifications and Section 2 of these General Conditions.

Bid: The offer of a Bidder, to perform the work at the prices quoted and in the manner described in a response to a Request for Proposal.

Bid Documents: All documents, whether attached or incorporated by reference, utilized for soliciting Bids, Documented Quotations, or Proposals. The Advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and quantity of the material to be furnished and the time and place of the opening of Bids or Proposals. These documents may be called Invitation for Bid (IFB), Documented Quotation (DQ) or Request for Proposal (RFP).

Bid Form: The documents furnished by the Division on which the offer of a Bidder is submitted in response to a Request for Proposals.

Bid Schedule: That document contained within the Bid listing the Bidder’s Unit Prices for the various aspects of the Work, or such similar documents provided in response to a request for proposal.

Bidder: An individual, firm, corporation, or other legal entity submitting a Bid, Section 1 - Abbreviations, Definitions and Terms 3

Documented Quotation or Proposal for the advertised work.

Bond: The approved form of security, executed by the Contractor and the Contractor

Surety or Sureties, including Bid Bond, Performance Bond or Payment Bond, guaranteeing complete performance of the Contract and all Change Orders pertaining thereto and the payment of all legal obligations pertaining to the construction of the project.

Calendar Day: Each and every day shown on the calendar, beginning and ending at midnight.

Certified Invoice: An invoice from a supplier which has been endorsed by the Contractor guaranteeing that the material, service or labor was purchased and received for the project and establishing the value of the same for which reimbursement is to be made.

Change Order: A written order issued to the Contractor by the Division covering extra work, increases or decreases in contract quantities, and additions, deletions, or other alterations to the scope of the Work, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes. All

Change Orders must be incorporated into the Contract by an Amendment. A Change

Order or written amendment are the only methods authorized for changing the Contract.

Consultant: The Division may engage one or more consultants, including engineers, architects, landscape architects, geotechnical engineers, Inspector and other construction professionals engaged by the Division, to assist it or the Project Manager on the Project as may be set forth in the Project Specifications. The scope of services to be performed by a Consultant and any authority delegated by the Project Manager to a

Consultant will be discussed between the Project Manager and Contractor at the pre-construction meeting and thereafter confirmed in writing. A Consultant may also be the Inspector as that term is defined herein and referenced in the Contract Documents.

Except to the extent a Consultant may be expressly delegated authority on the project, the Project Manager shall have the sole authority on all final decisions regarding the

Section 1 - Abbreviations, Definitions and Terms 4

Work, including without limitation, changes in the Work, Contractor submissions, modifications and extensions to the schedule, interpretation of the Contract Documents, claims, payments and administration of the Contract.

Contract: The written State of Colorado Construction Agreement or Purchase Order entered into between the State of Colorado, acting by and through the Division, and the

Contractor setting forth the rights and obligations of the parties thereunder, including but not limited to the terms and conditions governing the performance of the work, the furnishing of labor and materials and the basis of payment and the time for completion of the project.

Contract Documents: The Contract Documents include the Proposal, Bid Documents, Contract or Purchase Order, these General Conditions for Capital Construction, Supplemental Conditions, if any, the Bid Schedule and any attachments, the Bonds, Specifications, Special Conditions, general and detailed Plans, Letter of Award, Notice to

Proceed, and any Change Orders and Amendments that together describe and govern the requirements to complete the construction of the work in an acceptable manner.

Contract Item (Pay Item): A specifically described unit of work for which a price is provided in the Contract.

Contractor: The individual, firm, or corporation, or other legal entity contracting with the Division for performance of Contract work.

Contract Term: The time from the effective date of the Contract or Purchase Order to the completion of the warranty period.

Controller: The Colorado State Controller or their duly authorized delegate with the authority to manage the finances and financial affairs of the State, including the issuance of state warrants.

Section 1 - Abbreviations, Definitions and Terms 5

Department: State Department of Natural Resources, which is a department within the executive branch of the State of Colorado.

Division: Colorado Parks and Wildlife, which is a Division within the State of Colorado

Department of Natural Resources.

Equipment: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

Expression by or to the Project Manager: In order to avoid cumbersome and confusing repetition of expressions in the Specifications, it is provided that whenever anything is, or is to be done, if, as, of, when, or where "contemplated, required, determined, directed, specified, interpretation, interpreted, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned" it shall be understood as if the expression were followed by the words "by the Project

Manager" or "to the Project Manager".

Extra Work: Work not provided for in the Contract as awarded but found by the Project

Manager to be essential or appropriate to the satisfactory completion of the Contract within its intended scope.

Holidays: Holidays recognized by the State of Colorado as published by the Department of Personnel and Administration. When a Holiday falls on Saturday or Sunday, the following Monday or preceding Friday, as directed by the State, shall be considered a holiday. Additional legal holidays, when designated by the Governor or the President of the United States, will also be recognized by the State.

Inspector:The Project Manager's authorized representative assigned to make

Section 1 - Abbreviations, Definitions and Terms 6 detailed inspections of contract performance. The Inspector may also be the

Consultant where such a role is identified in the Specifications and established during the pre-construction meeting. Notwithstanding anything in the Specifications, an Inspector shall have only such limited authority as provided in writing by the Project Manager.

Laboratory: A testing laboratory certified or having expertise in the area of testing required and acceptable to the Project Manager.

Materials: All components required for use in the construction of the Project.

Method of Measurement: The manner in which a "pay item" or “bid item” is measured to conform with the "Pay Unit," as described in these General Conditions and the general requirements of the Specifications.

Notice: any communication in writing from either contracting party to the other by such means of delivery that receipt cannot properly be denied. Notice shall be provided to the person identified in the Contract to receive it. If notice is being issued to the

Division and the Contract does not identify a person or entity to receive it, then Notice shall be provided to the Project Manager. Except as otherwise modified in the Contract or Purchase Order, Notice shall be provided in writing and issued via personal delivery, certified mail, or email. Acknowledgment of receipt of a voice message shall not be deemed to waive the requirement that Notice, where required, shall be in writing.

Notice to Proceed: Written notice to the Contractor to proceed with the Contract work, the date of which shall constitute the beginning of the Performance Time.

Performance Time: The number of Calendar Days allowed or the specified date for substantial completion of the entire Project as set forth in the Contract, including authorized time extensions as set forth in Change Orders or Amendments to the Contract.

Where a calendar date is specified for completion or a Contract provides for the Work to be completed within a stated number of Calendar Days, the Performance Time shall

Section 1 - Abbreviations, Definitions and Terms 7 commence on the date a Notice to Proceed is issued.

Plans: The drawings or reproductions provided by the Division which show the location, character, dimensions, and details of the Work to be done.

Project: The specific area of work together with all appurtenances and construction to be performed thereon under the Contract.

Project Manager: The Division’s duly authorized representative who is in direct charge of the work and is responsible for the administration and completion of the Project under

Contract. Administration of the Contract may be delegated by the Project Manager to others including to a Consultant or Inspector to the extent provided in writing and as described in the Specifications. The Project Manager is also responsible for acting on written claims made by the Contractor relating to Contract claims for additional compensation or extension of the Performance Time or Contract Term.

Purchase Order: A document, in a form prescribed by the Colorado State Controller, prepared and approved by an authorized employee of the State for the purpose of encumbering funds and securing construction services from the Contractor. A Purchase

Order may be used by the Division as the form of agreement with the Contractor in certain circumstances and when used it replaces the State of Colorado Construction

Agreement in the preceding definition of the Contract.

Salvageable Material: Material that can be saved or salvaged. Unless otherwise designated or directed by the Project Manager or shown on the Plans, all salvageable materials shall remain the property of the Division.

Shutdown: The period of time authorized by the Project Manager when work is suspended.

Special Conditions: Supplements to the General Conditions covering conditions peculiar

Section 1 - Abbreviations, Definitions and Terms 8 to an individual project.

Specifications: A general term applied to all directions, provisions and requirements pertaining to performance of the Work. It may also refer more specifically to the written requirements for and describing the work entitled “Specifications” within the Contract

Documents.

State: The State of Colorado acting through its authorized representative.

Structures: Bridges, dams, culverts, catch basins, drop inlets, retaining walls, raceways, cribbing, manholes, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the work.

Subcontractors: An individual or entity to whom the Contractor sublets part of the

Contract.

Superintendent: The Contractor's authorized representative in charge of the work.

Surety: The corporation, partnership or individual, other than the Contractor, executing

Performance and Labor and Material Payment Bonds or other similar security furnished by the Contractor.

Work: The furnishing of all labor, materials, equipment, and incidentals necessary to successfully complete the Project according to the Contract Documents or otherwise required to be provided by the Contractor to meet the Contractor’s obligations under the

Contract.

Working Drawings: Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data which the Contractor is required to submit to the

Project Manager to comply with Specification requirements or for review and approval.

Section 1 - Abbreviations, Definitions and Terms 9

End

Abbreviations, Definitions and Terms

Section 1 - Abbreviations, Definitions and Terms 10

Section 2 - Interpretations

2.1 Titles or Headings

The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

2.2 Interpretations of Quantities in Bid Proposal

(a) Except as otherwise provided in this section and the method of measurement for individual items, the quantities appearing in the Bid Schedule are estimates prepared for the comparison of Bids or Proposals. Payment to the Contractor will be made in accordance with the following procedures except as set out in

Section 4.2 for variances from such estimates.

(b) Payment will be made for actual quantities measured and accepted.

(c) The quantities of work to be performed and materials to be furnished as described in the awarded Contract may be increased, decreased, or omitted by changes in the scope of the Contract at the sole discretion of the Project

Manager.

(d) It shall be assumed that the Contractor fully examined the site of the Work, the

Bid Documents, including the Plans, Specifications, Special Conditions as required therein, and that the Contractor is aware of the conditions to be encountered in performing the Work according to the Contract Documents.

(e) Boring logs and other records of subsurface investigations (when existing) to the extent included in the Contract Documents are for reference only and the

Division does not warrant their accuracy and they are not a part of the

Contract Documents, unless expressly stated to the contrary in the Contract

Documents.

Section 2 - Interpretations 11

2.3 Material Guaranty

To the extent required by the Specifications, the Contractor shall furnish a complete statement of the origin, composition, and manufacture of materials used in the construction of the Work, together with samples, which have been tested for conformance with Contract provisions, which statement shall constitute a

Contractor guaranty as to such aspects of the materials furnished.

2.4 Conflicts

Where a conflict occurs between or within applicable standards or the Contract

Documents, which is not resolved by reference to the precedence between the

Contract Documents, the more stringent or higher quality requirements shall apply so long as such more stringent or higher quality requirements are reasonably inferable. The Project Manager shall decide which requirements will provide the best installation.

With the exception noted in the following paragraph, the precedence of the

Construction Drawings and Specifications is in the following sequence:

(a)Specifications;

(b)Detailed Plans;

(c)Standard Plans;

(d)Calculated dimensions will govern over scaled dimensions;

Change Orders and Amendments, if any, to the Contract Documents take precedence over the original Contract Documents.

Interpretations

Section 2 - Interpretations 12

Section 3 - Execution of Contract, Bonds and Insurance

3.1 Execution and Approval of Contract

Bonds and certificate(s) of insurance required by the Bid Documents, shall be provided to Project Manager within 10 calendar days after the date of Notice of

Award and must be received by the Project Manager prior to Contract execution.

If the Contract is not executed by the Division within 60 calendar days from date of receipt of a complete and accurate Contract signed by the Contractor with the executed Bonds and required Insurance Certificates, the Bidder shall have the right to withdraw the Bid without penalty. Such Bonds and certificate(s) of insurance must be in a form acceptable to the Division.

When in the form of a Construction Agreement, the Division will provide a draft version of the contract to the successful Bidder who shall return a signed copy to the Division within 10 days of receipt. When in the form of a Purchase Order the

Division will provide the successful Bidder with an executed copy of the Purchase

Order. In neither event will the Contract be effective until it has been duly executed by the Controller.

By execution of the Contract or Purchase Order, the Contractor represents that the

Contractor has visited the site, has become familiar with Federal, State and local conditions and local requirements under which the Work is to be performed, has carefully reviewed and studied the Contract Documents and other documents required for performance of the Work, and has correlated personal observations with the requirements of the Contract Documents.

3.2 Failure to Execute Contract

The Contractor’s failure to sign and return the Contract (and if applicable, the

Apprenticeship Utilization Survey and other documents required to be submitted by these Instructions) within the specified 10 calendar days shall be just cause for the cancellation of the Award and the forfeiture of the Bid Bond or Bid guarantee, Section 3 -Execution of Contract, Bonds and Insurance 13 which shall become the property of the Division, not as a penalty, but in liquidation of damages sustained. The Division may proceed with any action allowable under the Colorado Procurement Code or otherwise allowed by law.

3.3 Bond and Insurance Requirements

(f) If required by the terms of the Bid or Contract Documents, the Contractor shall duly execute and deliver to and file with the Division a good and sufficient

Performance Bond and a Labor and Material Payment Bond or other acceptable surety approved by the Division in a penal sum equal to one-hundred percent of the total amount payable by the terms of the Contract. Such Bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the Contract, including through the warranty period, and in addition shall provide that if the Contractor or the Contractor’s subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or the

Contractor’s subcontractor in performance of the Work contracted to be done, or fail to perform the Work in strict compliance with the Contract Documents, the Surety will pay for such payments owed to Contractor’s subcontractors, materialmen or suppliers, including any costs, damages, expenses and attorney’s fees, and be responsible for payment of any costs, damages, losses, expenses, including attorneys’ fees, caused, incurred or to be incurred arising out of or relating to Contractor’s default in the performance of its obligations under the Contract Documents. Such payment obligations shall not exceed the sum specified in each referenced Bond. In the event a Change Order is executed which includes an increase in the cost of the Work, at the election of the Project Manager, the Contractor shall resubmit a Performance Bond and a

Labor and Material Payment Bond in a penal sum equal to one-hundred percent of the total increased amount payable to Contractor. The Contractor shall be entitled to reimbursement of additional premium costs, if any, as a result of the increase in the value of the Bond via Change Order.

Section 3 -Execution of Contract, Bonds and Insurance 14

(g) Contractor shall provide the original, fully executed Bonds required by the terms of any solicitation, to the Division prior to and as a condition of the execution of the Contract by the Division. The Contractor shall be responsible for any delays or additional work costs incurred as a result of its failure to timely deliver such Bonds or Certificates of Insurance to the Division.

(h) If, at any time, a Surety on such a Bond is found to be, or ceases to be in strict compliance with any qualification requirements of the Contract Documents, or loses its right to do business in the State of Colorado, another surety will be required, which the Contractor shall furnish to the Project Manager within ten

(10) days after receipt of Notice from the Project Manager or after the

Contractor otherwise becomes aware of such conditions.

(i) The Contractor shall deliver to the Division certificate(s) of insurance in the amounts designated in the Bid Documents. The Contractor shall maintain such insurance for the Contract Term. The Contractor shall ensure that all

Subcontractors performing work on the Project carry insurance with the same terms, requirements and coverages as required of the Contractor.

(j) Without limitation of any other indemnity obligations in the Contract, the

Contractor agrees to defend, indemnify, save and hold harmless the State, its employees and agents against any claims, damage, liability or loss incurred as a result of the Contractor’s or any Subcontractor’s failure to obtain such insurance.

Execution of Contract, Bonds and Insurance

Section 3 -Execution of Contract, Bonds and Insurance 15

Section 4 - Scope of Work

4.1 Intent of Contract

The intent of the Contract is to provide for the construction and completion in every detail of the Work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the

Work in accordance with the Contract Documents. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work, except as otherwise noted in the Contract Documents.

The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment and transportation necessary for the proper execution of the Work. Words describing materials or

Work which have a well-known technical or trade meaning shall be held to refer to such recognized standards.

If the Contractor discovers errors or omissions in the Contract Documents, the

Contractor shall immediately notify the Project Manager to enable the Division to make any necessary revisions, if any. In any event, if any error, conflict, inconsistency or omission exists, or appears to exist, in the requirements of the

Drawings or Specifications the Contractor shall notify the Project Manager and obtain direction from the Project Manager before proceeding with the Work in question. In the event of the Contractor’s failure to give prior written Notice of any such errors, conflict, inconsistency or omission of which the Contractor or the

Subcontractors at any tier are aware, the Contractor shall, at no additional cost to the Division, make good any damage to, or defect in, Work which is caused by such error, conflict, inconsistency or omission.

Section 4 - Scope of Work 16

4.2 Alterations of Plans or Character of Work and Variations in Plan Quantities

(a) Differing Site Conditions. During the progress of work, if subsurface or latent physical conditions are encountered at the site differing materially from those included in and expressly made a part of the Contract

Documents, if so included, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract Documents, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected Work is performed.

Upon written notification, the Project Manager will investigate the conditions, and if the Project Manager determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the Contract, an adjustment, excluding loss of anticipated profits, may be made and the

Contract modified in writing accordingly. The Project Manager will notify the Contractor of the determination whether or not an adjustment of the

Contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

If the time required for completion of the Work affected by such materially differing conditions will extend the Work on the critical path as indicated on the Critical Path Method (CPM) schedule, the time for completion shall also be equitably adjusted.

No claim by the Contractor for an equitable adjustment hereunder shall be allowed if not quantified and presented within twenty one (21) days following the completion of the affected work. No claims shall be submitted

Section 4 - Scope of Work 17 after the date the Contractor requests a Final Inspection.

(b) Suspensions of Work Ordered by the Project Manager. If the performance of all or any portion of the Work is suspended or delayed by the Project

Manager in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the

Contractor believes that additional compensation and/or an extension of the Contract Term or Performance Time is due as a result of such suspension or delay, the Contractor shall submit to the Project Manager in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment, and shall include all supporting documentation, including without limitation detailed cost impacts supported by estimates or invoices, and impact analysis showing the delay’s effect on the critical path in a CPM Schedule, or such other schedule format approved by the Project

Manager, reflecting a delay to the Substantial Completion Deadline.

(1) Upon receipt, the Project Manager will evaluate the Contractor's request. If the Project Manager agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions unforeseeably beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors, and not caused by the weather, the Project Manager may make an adjustment

(excluding profit) and issue a Change Order. Weather or climatic conditions are not justifiable reasons for contract price adjustments unless the Project Manager has altered or increased the quantities as designated in Section 4.2(c) and 4.3 where an extension of time was required to accomplish such changed scope or quantities or extra work and such extension of time required has delayed the Contractor in achieving the Substantial Completion Deadline. The Project

Section 4 - Scope of Work 18

Manager will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment with such supporting documentation as would be required for any claim within seven (7) calendar days of receipt of the notice to resume work.

(2) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract. For purposes of this Section 4.2 and Section 8 hereof, the foreseeability of events shall be assessed as of the time of bidding by the Project

Manager. The existence generally of inflationary pressures, material supply disruptions, labor supply issues and the existence of western drought may be deemed by the Project Manager to have been foreseeable where known to be current experiences or reasonably anticipated in the industry. Events such as oil embargos, state and local stay-at-home orders and wildfires, on the other hand, may be deemed to have been unforeseeable if the circumstances unique to the Project time and location justify such a conclusion in the reasoned judgment of the Project Manager. Any such judgment shall be in writing and supported by the Project Manager’s reasoning.

(3) No contract adjustment will be allowed if the suspension was caused or based in whole or in any part by acts or omissions of the

Contractor, its suppliers, Subcontractors or anyone for whom the

Contractor is responsible, including unjustified failure by the

Contractor to maintain the Contractor’s schedule

(c) Significant Changes in the Character of Work. The Project Manager reserves

Section 4 - Scope of Work 19 the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the work as altered.

(1) If the alterations or changes in quantities significantly change the character of the Work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the Work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the altered or changed work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Project Manager may determine to be fair and equitable and the Contractor shall perform the Work as directed by the Project Manager.

(2) If the alterations or changes in quantities do not significantly change the character of the Work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.

The term "significant change" shall be construed to apply only to the following circumstances:

I. When the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

II. When the alterations at issue increase or decrease the scope of the total Project by more than twenty-five percent (25%) of the total contract price, unless agreed by the Project Manager.

Section 4 - Scope of Work 20

(3) All such changes in the Work shall be within the general scope of and be executed under the conditions of the Contract, except that any claim for extension of time made necessary due to the change or any claim of other delay or other impacts caused by or resulting from the change in the Work shall be presented by the Contractor and adjusted by Change Order to the extent known at the time such change is ordered and before proceeding with the extra or changed

Work. Any claims for extension of time or of delay or other impacts, and any costs associated with extension of time, delay or other impacts, which are not presented before proceeding with the change in the Work, and which are not adjusted by Change Order to the extent known, shall be irrevocably waived.

(4) The Project Manager shall have authority to direct minor changes in the Work, not involving extra cost, and not inconsistent with the intent of the Contract Documents, but otherwise, except in an emergency endangering life or property, no extra Work or change in the Contract Documents shall be made unless by 1) a written Change

Order, approved by the Project Manager and Contractor prior to proceeding with the changed Work; or 2) by an Emergency Field

Change Order approved by the Project Manager and Contractor; or 3) by an allocation in writing of any allowance already provided in the encumbered Contract amount, the Contract sum being later adjusted to decrease the Contract sum by any unallocated or unexpended amounts remaining in such allowance. No change to the

Contract sum shall be valid unless so ordered.

(5) The term “Emergency Field Change Order” shall mean a written

Change Order for extra Work or a change in the Work necessitated by an emergency affecting the safety of life, or of the Work or the progression of the Work, or of adjoining property. In the event of an emergency that threatens the preservation or protection of property, Section 4 - Scope of Work 21 or health or safety of any person or persons, the Contractor without special prior instruction or authorization from the Project Manager, is hereby permitted to act, at its reasonable discretion, to prevent such threatened loss or injury. Provided the Contractor has no responsibilities for the emergency, if the Contractor incurs additional cost not otherwise recoverable from insurance or others on account of any such emergency Work, the Contract sum shall be equitably adjusted in accordance with Section 9.3.

4.3 Extra Work

The Contractor shall perform unforeseen work, for which there is no price included in the Contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated when authorized in writing by the

Project Manager. Such work shall be performed in accordance with the Contract and as directed, and will be paid for as provided under Section 9.3 or at a price agreed upon in advance of the performance of the work.

4.4 Rights in and use of Materials Found on the Work

The Project Manager may authorize the Contractor's use of materials found in the excavation for completing pay items other than excavation. Payment will be made for both the excavation of such materials at the corresponding contract unit price, and for the pay item for which the excavated material is used, unless otherwise negotiated and approved through a Change Order. The Division will not charge the

Contractor royalty or additional cost of select material for the removed material.

The Contractor shall not excavate or remove any material from within the construction area which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Project Manager.

4.5 Final Cleaning Up

Before final acceptance, the work area and all ground occupied by the Contractor in connection with the Work shall be cleaned of all rubbish, excess materials, Section 4 - Scope of Work 22 temporary structures and equipment, and all parts of the Work shall be left in an acceptable condition. The cost of final cleanup will not be paid for separately but shall be included in the Work.

Scope of Work

Section 4 - Scope of Work 23

Section 5 - Control of Work

5.1 Authority of the Project Manager

(a) The Project Manager, to the extent provided in the Contract Documents, will decide all questions regarding the quality and acceptability of materials furnished, Work performed, and the rate of progress of the Work; all interpretation of the Plans and Specifications; and the acceptable fulfillment of the Contract.

(b) The scope of services to be performed by a Consultant and any authority delegated by the Project Manager to a Consultant will be discussed between the Project Manager and Contractor at the pre-construction meeting and thereafter confirmed in writing. A Consultant may also be the Inspector as that Term is defined herein and referenced in the Contract Documents.

Except to the extent a Consultant may be expressly delegated authority on the project, the Project Manager shall have the sole authority on all final decisions regarding the Work, including without limitation, changes in the

Work, Contractor submissions, modifications and extensions to the schedule, interpretation of the Contract Documents, claims, payments and administration of the Contract.

(c) The Project Manager shall have the right but not the obligation, in writing, to suspend the Work, wholly or in part when the Contractor fails to perform the Work in strict accordance with the Contract Documents, including without limitation Contractor’s failure to correct conditions unsafe for the workers or the general public. The Contractor agrees that any such suspension shall impose no duty, responsibility or liability on the Project

Manager or the Division for safety on the Project, which shall be solely the responsibility and duty of the Contractor. The Project Manager may also suspend the work, wholly or in part, in writing, for failure to comply with the terms of the Contract Documents; for failure to carry out orders; for periods of unsuitable weather; for conditions unsuitable for the prosecution

Section 5 - Control of Work 24 of the work, or for any other condition or reason determined to be in the public interest. Any claim by the Contractor for additional costs or time, where such suspension causes a delay to the Project critical path, as a direct result of the suspension, Contractor shall submit a timely claim within five (5) days of termination of the suspension as a Change Order request, including all required supporting documentation.

5.2 Plans And Shop Drawings

(a) Plans will show details of construction lines, grades, typical cross sections, location and design of all structures. Only general features will be shown for steel and prestressed concrete structures.

(b) The Plans shall be supplemented by shop drawings as necessary to adequately control the work. Shop drawings may consist of drawings, diagrams, illustrations, schedules, calculations, and other data prepared by the Contractor, subcontractor, manufacturer, supplier, or distributor, which will illustrate how specific portions of the work shall be fabricated and/or installed in accordance with the Contract.

(c) Shop drawings are not part of the Contract Documents.

(d) The Contractor shall approve shop drawings prior to submission to the

Project Manager for review. The Contractor's approval shall be recorded by an appropriate stamp with the date and signature on each drawing. Where design notes and catalog cuts are submitted, only the first sheet will require the approval stamp. Shop drawings received directly from fabricators or suppliers or from subcontractors without Contractor's approval will be returned without action for resubmittal in accordance with the Contract

Documents.

(e) By preparing, approving, and/or submitting shop drawings, product data and samples, the Contractor represents that the Contractor has determined and verified all materials, field measurements, and field construction criteria

Section 5 - Control of Work 25 related thereto, and has checked and coordinated the information contained within each submittal with the requirements of the Work, the

Project and the Contract Documents and prior reviews and approvals.

(f) Shop drawings shall be submitted to the Division electronically. After checking and review by the Project Manager, they will be returned for use by the Contractor and the fabricator or supplier.

(g) Shop drawings returned to the Contractor will be stamped and the stamp marked to indicate one of the following:

(1) No Exception Taken - Signifies material or equipment represented by the Submittal conforms with the design concept and complies with the information given in the Contract Documents. The Contractor is to proceed with fabrication or procurement of the items and with related work.

(2) Make Corrections Noted - Signifies material or equipment represented by the submittal conforms with the design concept and complies with the information given in the Contract Documents and in accordance with Project Manager’s notations. The Contractor is to proceed with the Work in accordance with Project Manager’s notations.

(3) Revise and Resubmit - Signifies material or equipment represented by the submittal conforms with the basic design concept, however, it does not comply with the information given in the Contract

Documents. Contractor is to submit a revised submittal responsive to the notations marked on the returned submittal and to the information in the Contract Documents.

(4) Rejected - Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not

Section 5 - Control of Work 26 acceptable for use in the Work. The Contractor is to submit material or equipment responsive to the Contract Documents.

(h) Checking is only for general conformance with the design concept of the

Project and general compliance with the information given in the Contract

Documents. Any action shown is subject to the requirements of the Contract

Documents. Contractor is responsible for: dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction; coordination of the Contractor’s work with that of all other trades and the satisfactory performance of the Contractor’s work. Changes to the reviewed shop drawings require additional review by the Project Manager.

(i) Review of the shop drawings shall not relieve the Contractor of the obligation to meet all requirements of the Contract and shall not relieve the

Contractor of the responsibility for the correctness of the shop drawings.

Changes to the shop drawings returned to the Contractor by the Project

Manager require resubmittal for Project Manager review and action.

(j) The time required for the Project Manager's approval of each submittal will not exceed twenty-eight (28) calendar days after complete and properly submitted shop drawings are received by the Project Manager.

(k) If the Contractor's controlling operations are delayed or interfered with by reason of the Project Manager's failure to return shop drawings within the specified twenty-eight (28) calendar day period, and such delay impacts the critical path of the Project schedule, an extension of the Contract Term or

Performance Time commensurate with the as shown delay in completion of the Work thus caused will be granted. If the Contract Documents provide that the Contractor provide a schedule for the review and return of shop drawings or other submittals, any delay claimed caused by failure to return the shop drawings or submittals in accordance with such schedule will be considered only to the extent the Project Manager has agreed to such

Section 5 - Control of Work 27 schedule in writing and the failure to return any shop drawing or other submittal, after having given prior notice to the Project Manager, is shown by the Contractor to have delayed or impacted a critical path element of the Contractor’s schedule that could not have reasonably been avoided by the Contractor.