HomeMy WebLinkAbout20213301.tiffC0HVNf I j:55(0 a
MEMORANDUM
TO: Esther Gesick, CTB DATE: February 7, 2022
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: B2100145 — 35th Ave and O St Roundabout Project
Please place the attached contract on the next available BOCC consent agenda. The contract
is for the construction of the 35th Ave. and O St. Roundabout project. The Board awarded the
contract to IHC Scott on January 31, 2022. The Contract ID No. is 5562. The Tyler Reference
No. is 2021-3301.
The contract is for an amount not to exceed $7,403,932.56. The contract amount was included
in the 2021 and 2022 Public Works budget.
I will plan on attending the meeting to answer any questions.
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2021 -3301
MEMORANDUM
Date: February 10, 2022
To: Esther Gesick, Clerk to the Board
From: Cameron Parrott, P.E., Senior Engineer
RE: Bid Request No. B2100145
35th Ave. and O St. Roundabout Project
Original Contract and Bonds for Signatures/Dates
On January 31St, 2022 the Weld County Board of Commissioners awarded the 35th Ave. and 'O' St.
Roundabout project to IHC Scott. IHC Scott has sent over an original signed agreement for execution
along with 2 copies each of their Performance and Labor Bonds for having the contract date added to
them. Electronic versions of these documents have already been used to route the contract through
OnBase for approvals. IHC Scott is asking for an original signed agreement to be returned to them along
with an original of each of the newly dated Performance and Labor bonds. We are hoping this item will
make it onto the February 14th, 2022 BOCC meeting's consent agenda. Please let me know if you need
any additional information or have any questions related to this.
PERFORMANCE BOND Bond No. K40277596
(PAGE 1 OF 2)
PROJECT DESCRIPTION: 35TH AVE. & O ST. ROUNDABOUT
KNOW ALL MEN BY THE PRESENTS; that
IHC Scott, Inc.
(Name of Contractor)
7135 S. Tucson Way, Centennial, CO 80112
Address of Contractor)
Corporation , hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
Federal Insurance Company
(Name of Surety)
202B Halls Mill Road, PO Box 1650 Whitehouse Station, NJ 08889-1650
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County. Colorado
(Name of Owner)
P.O. Box 758 1111 H Street, Greeley Colorado 80632
(Address of Owner)
Seven Million Four Hundred Three Thousand
hereinafter called Owner, in the penal sum of Nine Hundred Thirty -Two and 56/100 Dollars,
($_7,403,932.56 ). in lawful money of the United States of America, 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 CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the 14th day of February 2022,
a copy of which is hereto attached and made a part hereof for the construction of:
35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No. B2100145.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the
undertakings, covenants, terms, conditions, and agreements of said contract 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 one year guaranty period, and if he shall satisfy all claims
and demands incurred under such contract, and shall fully indemnify and save harmless the
Owner from all costs 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 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 contract or to the
Work to be performed thereunder of 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 contract or to the Work or to the Specifications.
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
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.
IN WITNESS WHEREOF, this instrument is executed in two (counterparts, each one of which
shall be deemed an original, this day of .
, 2022.
IHC Scott, Inc.
Contra tor-
BY
(Contrac or) Secretary
(SEAL)
7135 S. Tucson Way
(Address)
Centennial, CO 80112
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
ttorney-in-Fact
302 W. 5400 S., Suite 101
(Address)
Murray, UT 84107
Federal Insurance Company
BY,
Danielle Marchant
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the Project is located.
CHUBS'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Katlyn Bigelow, Danielle Marchant, Adam Snow, W. Douglas Snow, Vicki Sorensen and Brady Thorn
ofSalt Lake City, Utah------------------------------------------------------------------------------------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 30th day of December, 2021.
Dawn M. Mims. Assistant Scretary
STATE OF NEW JERSEY
County of Hunterdon
Stephen M. I laney, Vice President
On this 30th day of December, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and
ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal KATMERI J. AOELAAR
TAq NOTARYPUBLIC OF NEW JERSEY
��r 00 No.2376686
116tdC Conrnlstslon Expires July 16, 2024 Nmary Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20.2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered Into In the ordinary course of business (each a 'Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -In -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney -In -
fact of the Company with full power and authorityto execute, for and on behalfoftheCompany, under the seal of the Company orotherwlse,such Written CommitmentsoftheCompany
as may be specified in such written appointment, which specification maybe by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.'
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 3, 2022
Dawn M. Chloros, r4sofstanI. Srxrelary''
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone (908)903-3493 Fax (908) 903-3656 e-mail: surety@chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
LABOR & MATERIALS PAYMENT BOND Bond No. K40277596
(PAGE 1 OF 2)
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
KNOW ALL MEN BY THE PRESENTS; that
IHC Scott, Inc.
(Name of Contractor)
7135 S. Tucson Way Centennial, CO 80112
(Address of Contractor)
Corporation , hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
Federal Insurance Company
(Name of Surety)
202B Halls Mill Road, PO Box 1650 Whitehouse Station, NJ 08889-1650
(Address of Surety)
hereinafter called surety, are held and firmly bound unto Weld County. Colorado
(Name of Owner)
P.O.Box 758 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
Seven Million Four Hundred and Three Thousand
hereinafter called Owner, in the penal sum of Nine Hundred Thirty Two and 56/100 Dollars ($
$7,403,932.56 ), in lawful money of the United States of America, 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 CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the 14th day of February , 2022,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No.
B2100145.
NOW, THEREFORE, if the Contractor shall promptly 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 contract, and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery,
equipment and tools, consumed 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 contract or to the
Work to be performed thereunder of the Specifications accompanying the same shall in any way
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
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 Contract or to the Work or to the Specifications.
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
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.
IN WITNESS WHEREOF, this instrument is gxecuted in two (2) count rparts, each one of which
shall be deemed an original, this I day of , 2022.
IHC Scott, Inc.
Contractor
By
(Contractor) Sec a
(SEAL) / //�
('Witness as to Con�rac
7135 S. Tucson Way, Centennial CO 80112
(Address)
ATTEST:
..� ret Secretary
(SEAL)
Wtnes�sis to Suret — Q
2026 Halls Mill Ro , PO Box 1650
Whitehouse Station, NJ 08889-1650
(Address)
7135 S. Tucson Way
(Address)
Centennial, CO 80112
Federal Insurance Company
ney-i .-Fact anielle Marchant
202 B Halls Mill Road, PO Box 1650
Whitehouse Station, NJ 08889-1650
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the Project is located.
CHUBB`
Power of Attorney
Federal Insurance Company ( Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Katlyn Bigelow, Danielle Marchant, Adam Snow, W. Douglas Snow, Vicki Sorensen and Brady Thorn
ofSalt Lake City, Utah----------------------------------------------------------------------------------------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 30th day of December, 2021.
Davin M. Chlurrx,, Assistant Secretary
STATE OF NEW JERSEY
County of Hunterdon ss.
Stephen M. Raney, Vice President
On this 30th day of December, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and
ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal
'KATHERINE J. ADELAAR
NOTARYPUBLIC OF NEW JERBI!Y
Itii1 J
No. 2sieaae
Commission Expires July 18.2024 Na ny Public
R9
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered Into In the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -In -fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for In such person's written appointment as such attorney -in -fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company
as may be specified In such written appointment; which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authorityof officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not linit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 3, 2022
Dawn M. Chkrras, Assistant Sctretary4'
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone (908) 903- 3493 Fax 908 903- 3656 a -mall: surety@chubh.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19I
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & IHC SCOTT
35TH AVE. & O ST. ROUNDABOUTPROJECT
THIS AGREEMENT is made and entered into this /4 day of 2022, by
and between the Board of Weld County Commissioners, on behalf of the DepartmeiJ of Public
Works, hereinafter referred to as "County," and IHC Scott , whose offices are located at 7135
S. Tucson Way, Centennial, CO. 80112 hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform construction services as
required by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications,
and time to perform the required construction services to provide the services according to the
terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has
the time, skill, expertise, and experience necessary to provide the equipment, materials and
services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibits, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this
Agreement and any Exhibit or other attached document, the terms of this Agreement shall
control, and the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in Bid Package No.
B2100145.
Exhibit B consists of Contractor's Response to County's Request for Proposal.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall faithfully perform the Work in accordance with the standards of professional
care, skill, training, diligence and judgment provided by highly competent Contractors
performing construction services of a similar nature to those described in this Agreement.
Contractor shall further be responsible for the timely completion and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and shall continue through and until Contractor's completion of the responsibilities
described in the attached Exhibits. Both of the parties to this Agreement understand and agree
that the laws of the State of Colorado prohibit County from entering into Agreements which bind
County for periods longer than one year. This Agreement may be extended upon mutual written
agreement of the Parties. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the
service or work, by not more than thirty (30) days. Such extension shall not increase the
compensation to be paid to the Contractor nor change any other term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County.
Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices
which it has submitted and which have been approved by the County; (2) the reasonable value
to County of the services which Contractor provided prior to the date of the termination notice,
but which had not yet been approved for payment; and (3) the cost of any work which the
County approves in writing which it determines is needed to accomplish an orderly termination
of the work. County shall be entitled to the use of all material generated pursuant to this
Agreement upon termination. Upon termination of this Agreement by County, Contractor shall
have no claim of any kind whatsoever against the County by reason of such termination or by
reason of any act incidental thereto, except for compensation for work satisfactorily performed
and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall
be in writing signed by both parties. No additional services or work performed by Contractor
shall be the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the
compensation payable hereunder. In the event that written authorization and acknowledgment
by the County for such additional services is not timely executed and issued in strict accordance
with this Agreement, Contractor's rights with respect to such additional services shall be
deemed waived and such failure shall result in non-payment for such additional services or work
performed. In the event the County shall require changes in the scope, character, or complexity
of the work to be performed, and said changes cause an increase or decrease in the time
required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified
accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be
made in writing prior to performance of any work covered in the anticipated Change Order. Any
change in work made without such prior Change Order shall be deemed covered in the
compensation and time provisions of this Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Work, and County's acceptance of the same, County agrees to pay an amount not to exceed
$ 7,403,932.56 , as set forth in Exhibits. No payment in excess of that set forth in the Exhibits
will be made by County unless a Change Order authorizing such additional payment has been
specifically approved by Weld County. If, at any time during the term or after termination or
expiration of this Agreement, County reasonably determines that any payment made by County
to Contractor was improper because the service for which payment was made did not perform
as set forth in this Agreement, then upon written notice of such determination and request for
reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon
termination or expiration of this Agreement, unexpended funds advanced by County, if any,
shall forthwith be returned to County. County will not withhold any taxes from monies paid to
the Contractor hereunder and Contractor agrees to be solely responsible for the accurate
reporting and payment of any taxes related to payments made pursuant to the terms of this
Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be
entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the
contrary contained in this Agreement, County shall have no obligations under this Agreement
after, nor shall any payments be made to Contractor in respect of any period after December
31 of any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and
the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees of County, nor
entitled to any employee benefits (including unemployment insurance or workers' compensation
benefits) from County as a result of the execution of this Agreement. Contractor shall be solely
responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor
shall not enter into any subcontractor agreements for the completion of this Work without
County's prior written consent, which may be withheld in County's sole discretion. County shall
have the right in its reasonable discretion to approve all personnel assigned to the Work during
the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work. Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in
such process. The Contractor shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In
addition, all reports, data, plans, drawings, records and computer files generated by Contractor
in relation to this Agreement and all reports, test results and all other tangible materials obtained
and/or produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top
the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-
72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County. Contractor
agrees to advise its employees, agents, and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that
all Work shall be performed by qualified personnel in a professional manner, consistent with
industry standards, and that all services will conform to applicable specifications. In addition to
the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to
this Agreement is subject to a warranty period during which Contractor must correct any failures
or deficiencies caused by Contractor's workmanship or performance. This warranty shall
commence on the date of County's final inspection and acceptance of the Project, and shall
continue for one year, or such greater time as specified in the attached Exhibits.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this
work. Acceptance by County of reports, incidental material(s), and structures furnished under
this Agreement shall not in any way relieve Contractor of responsibility for the quality and
accuracy of the construction of the project. In no event shall any action by County hereunder
constitute or be construed to be a waiver by County of any breach of this Agreement or default
which may then exist on the part of Contractor, and County's action or inaction when any such
breach or default shall exist shall not impair or prejudice any right or remedy available to County
with respect to such breach or default. No assent expressed or implied, to any breach of any
one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to
be a waiver of any other breach. Acceptance by the County of, or payment for, the Work
completed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall keep the required insurance coverage in force at all times during the term
of the Agreement, or any extension thereof, and during any warranty period. For all coverages,
Contractor's insurer shall waive subrogation rights against County.
a. Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute,
covering all the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor
executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage
covering all operations required by the Work. Such policy shall include minimum limits
as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000
products and completed operations aggregate; $1,000,000 Personal Advertising injury;
$50,000 any one fire; and $5,000 Medical payment per person. Medical operations
coverage shall be provided for a minimum period of one (1) year following final
acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per
person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this
Contract.
Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of
$1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and
subcontractors where:
(1) The Work includes Construction Surveying and/or Survey Monumentation and/or
(2) Plans, specifications, and submittals are required to be signed and sealed by the
Contractor's or subcontractor's Professional Engineer including but not limited to:
(a) Shop drawings and working drawings as defined in subsection 105.25 of the
Specifications,
(b) Mix designs,
(c) Contractor performed design work as required by the plans and Specifications,
(d) Change Orders, or
(e) Approved Value Engineering Proposals.
The policy shall cover professional misconduct or lack of ordinary skill for those
positions defined in the Scope of Services of this contract. Contractor shall maintain
limits for all claims covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services. In the event
that the professional liability insurance required by this Contract is written on a
claims -made basis, Contractor warrants that any retroactive date under the policy
shall precede the effective date of this Contract; and that either continuous coverage
will be maintained or an extended discovery period will be exercised for a period of
two (2) years beginning at the time work under this Contract is completed.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000
and shall become primary in the event the primary liability policy limits are impaired or
exhausted. The policy shall be written on an Occurrence form and shall be following
form of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under
this Contract involves potential pollution risk to the environment or losses caused by
pollution conditions that may arise from the operations of the Contractor described in the
Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall
apply to sudden and gradual pollution conditions resulting from the escape of release of
smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas,
waste materials, or other irritants, contaminants, or pollutants (including asbestos). If
the coverage is written on a claims -made basis, the Contractor warrants that any
retroactive date applicable to coverage under the policy precedes the effective date of
this Contract; and that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the time that work
under this contract is completed.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless
otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain,
in a company or companies lawfully authorized to do business in Colorado, Builders'
Risk Insurance in the amount of the initial contract amount as described in the attached
Exhibits, plus the value of subsequent modifications, change orders, and cost of material
supplied or installed by others, comprising total value of the entire Project at the site on a
replacement cost basis without optional deductibles.
(1) The policy must provide coverage from the time any covered property becomes
the responsibility of the Contractor, and continue without interruption during
construction, renovation, or installation, including any time during which the
covered property is being transported to the construction installation site, or
awaiting installation, whether on or off site.
(2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in
the Contract Documents or otherwise agreed in writing by all persons and entities
who are beneficiaries of such insurance, until final payment has been made or
until no person or entity other than the County 's has insurable interest in the
property to be covered, whichever is later.
(3) The Builders' Risk insurance shall include interests of the County and if
applicable, affiliated or associate entities, the General Contractor, subcontractors
and sub -tier contractors in the Project.
(4) The Builders' Risk Coverage shall be written on a Special Covered Cause of
Loss form and shall include theft, vandalism, malicious mischief, collapse, false -
work, temporary buildings, transit, debris removal including demolition, increased
cost of construction, architect's fees and expenses, flood (including water
damage), earthquake, and if applicable, all below and above ground structures,
piping, foundations including underground water and sewer mains, piling
including the ground on which the structure rests and excavation, backfilling,
filling, and grading. Flood damage coverage is not required for work within the
floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk
associated with any and all loss resulting from flood events during construction.
(5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall
specifically permit occupancy of the building during construction. County
Contractor shall take reasonable steps to obtain consent of the insurance
company and delete any provisions with regard to restrictions within any
Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy
shall remain in force until acceptance of the project by the County.
(6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as
required by the Contract Documents or by law, which shall specifically cover
insured equipment during installation and testing (including cold and hot testing).
(7) The deductible shall not exceed $25,000 and shall be the responsibility of the
Contractor for all covered perils within the required policy.
For all general liability, excess/umbrella liability, and professional liability policies, if the
policy is a claims -made policy, the retroactive date must be on or before the contract
date or the first date when any goods or services were provided to County, whichever is
earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a
policy, or other proof of insurance as determined in County's sole discretion. Contractor
shall provide a certificate of insurance naming Weld County, Colorado, its elected
officials, and its employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to
the commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are
the minimum requirements, and these requirements do not decrease or limit the liability
of Contractor. The County in no way warrants that the minimum limits contained herein
are sufficient to protect the Contractor from liabilities that might arise out of the
performance of the Work under by the Contractor, its agents, representatives,
employees, or subcontractors. The Contractor shall assess its own risks and if it deems
appropriate and/or prudent, maintain higher limits and/or broader coverages. The
Contractor is not relieved of any liability or other obligations assumed or pursuant to the
Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services
rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage, liability,
suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work
done in fulfillment of the terms of this Agreement or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or
court decree. The Contractor shall be fully responsible and liable for any and all injuries or
damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement.
It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the Contractor agrees to waive all rights of subrogation against the County its
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the Contractor
for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of
County.
16. Examination of Records. To the extent required by law, the Contractor agrees that
any duly authorized representative of County, including the County Auditor, shall have access to
and the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts
of God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project
representative ("County Representative") who shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be directed to
County Representative. All notices or other communications made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the
following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be
sent to:
Contractor:
Name:
Position:
Address:
Address:
E-mail:
Phone:
County:
Weld County Public Works
Name:
Cameron Parrott, P.E.
Position:
Senior Engineer
Address:
P.O. Box 758
Address:
1111 H Street,
Greeley, CO. 80632-758
E-mail:
cparrott@weldgov.com
Phone:
(970) 400-3745
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage
or use other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties with respect
to the subject matter contained in this Agreement. This instrument supersedes all prior
negotiations, representations, and understandings or agreements with respect to the subject
matter contained in this Agreement. This Agreement may be changed or supplemented only by
a written instrument signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available. Execution of this Agreement by County does not create an obligation on the
part of County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and
§24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of
Weld County has any personal or beneficial interest whatsoever in the service or property which
is the subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including
without limitation, the warranties, indemnification obligations, confidentiality, and record
keeping) shall survive any such expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with said
laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the
parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work
under this Agreement. Contractor will confirm the employment eligibility of all employees who
are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program of the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or
job applicants while this Agreement is being performed. If Contractor obtains actual knowledge
that a subcontractor performing work under this Agreement knowingly employs or contracts with
an illegal alien Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the contract if within three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal
alien. Contractor shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that
Contractor has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such
employees. Contractor shall deliver to County, a written notarized affirmation that it has
examined the legal work status of such employee and shall comply with all the other
requirements of the State of Colorado program. If Contractor fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or
affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of
$500,000 annually, or for public contracts for road or bridge construction in excess of $50,000,
Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at
least eighty percent of the work under this Contract. "Colorado labor" means any person who is
a resident of the state of Colorado at the time of the public works project, who can provide a
valid Colorado driver's license, a valid Colorado state -issued photo identification, or
documentation that he or she has resided in Colorado for the last thirty days. The County, in its
sole discretion, may waive the eighty percent requirement if there is reasonable evidence to
demonstrate insufficient Colorado labor is available to perform the work, and this requirement
would create an undue burden that would substantially prevent the work from proceeding to
completion. [This section shall not apply to any project which is funded in whole or in part with
federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107
and 2 C. F. R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with
federal funds.]
32. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor, concerning this Agreement, the parties agree that each party shall be responsible
for the payment of attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by
any extra -judicial body or person. Any provision to the contrary in this Agreement or
incorporated herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or
written, and any other communications between the parties relating to the subject matter of this
Agreement.
CONTRACTOR:
By:
Name: C'5 \�`\
Title: V \ CL. lyc
WELD COUNTY:
ATTEST:
Wel'
BY:
Dep
Date of Signature
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
tt K. James, Chair
FEB 1 4 2022
o2oo2J -330/
CAn101 I h
WELD COUN-Y PROPOSAL REQUEST NO. 82100145
1 PAGE OF DOCUMENT
INCLUDED IN PAPER FILE.
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
35TH AVE. & O ST. ROUNDABOUT PROJECT
November 15, 2021
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
I WAi• i P1t'a1
• • " • 1 • : II r
The Weld County Public Works Department is seeking proposals from short-listed contractors for
construction services related to the building of a new roundabout at the intersection of N. 35th
Avenue and 'O' Street near Greeley, CO.
The Best Value QBS process outlined in Chapter 5, Section 5-4-150 (C) of the Weld County Code
will be utilized to select the contractor. As part of the proposal, Contractors shall include a
construction bid as outlined below in Item III.
II. General Project Description
This project will reconstruct the intersection of N. 35th Avenue and 'O' Street by converting the
existing 4 -way stop controlled intersection into a 4 legged roundabout.
III. Scope of Services
The services requested involve heavy civil construction generally consisting of but not limited to
1. Clearing and Grubbing of the project site
2. Laying out and staking construction extents
3. Stripping and stockpiling topsoil
4. Reconditioning 3' of in -situ soil over a 28,000+ square yard area
5. Coordination with utility relocations from third parties
6. Importing and placing 35,000+ CY of borrow material
7. Installation of 8,700+ tons of aggregate base course material
8. Installation of 2,600+ linear feet of drainage pipe in various sizes
9. Installation of 8 curb inlets, 6 manholes, and 6 other miscellaneous concrete structures
10. Installation of 4,000+ tons of hot mix asphalt
11. Installation of 18,400+ square yards of concrete pavement
12. Installation of 8,400+ linear feet of concrete curb and gutter
13. Installation of pavement markings and signs
14. Work site traffic control
15. Reclamation of the work site (approx. 6.3 acres)
The project schedule currently anticipates the following construction phase milestones:
CAf iDI I H
Selection Process Schedule (Subject to Change)
RFP Issued at Pre -Proposal Meeting .................................. December 13, 2021
Proposals Due..................................................................... January 6, 2022
Interviews (If Needed).......................................................... January 13, 2022
Construction Milestones (Subject to Change)
Construction Contract Awarded ........................................... January 31, 2022
Contractor Issued Notice to Proceed...................................February 9, 2022
Construction Completed...................................................... September 12, 2022
VI. Instructions to Contractors
A. Submittal Requirements
1. Qualified contractors interested in performing the work described in this request for
proposals shall submit the following information to the County.
a) A list of critical issues that the contractor considers to be of importance for the project.
b) A construction schedule showing major construction items associated with this project,
and how your firm would complete the project within the contract time.
c) Completed bid proposal forms found in Attachment A (pages 19-29).
d) References from at least three other projects with similar requirements that have
involved the staff proposed to work on this project. The County may choose to visit
one or more of the listed projects and/or request a copy of the plans and
documentation completed.
2. Limit the total length of your proposal to a maximum of
proposals received that are longer than 15 pages in ler
not count as pages. Section dividers also do not count
or text on them, then they will be included in the pages
included in this request which are mandatory to submit
the page count for your proposal. These forms include
15 pages. The County will reject
gth. The front and back cover will
as pages unless they have photos
count. The bid document forms
with your bid will not be included in
a) Bid Schedule (5 pages)
b) Bid Bond (1 page)
c) IRS Form W-9 (1 page)
d) Title 49, CFR, Part 29 Debarment and Suspension Certification (1 page)
e) Certification of Compliance with Equal Opportunity Clause Requirements (1 page)
f) Anti -Collusion Affidavit (CDOT Form # 606) (1 page)
g) Bidders List (CDOT Form # 1413) (1 page)
3. Proposals shall be mainly made up of 8 1/2" x 11" paper. 11" x 17" paper can only be used
for presenting construction schedules, or example plan sheets.
3
C/tfllDl I h
4. Email. Due to COVID-19, emailed documents are required. Submittals may be emailed
to bidsCcweldgov.com; however, if your submittal exceeds 25MB please upload it to
https://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB.
Weld County reserves the right to reject any and/or all proposals, to further negotiate with the
successful contractor and to waive informalities and minor irregularities in proposals received, and to
accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The
total cost of preparation and submission shall be borne by the contractor. All information submitted in
response to this request for proposal is public after the Notice of Award has been issued. The
contractor should not include as part of the proposal any information which they believe to be a trade
secret or other privileged or confidential data. If the contractor wishes to include such material, then
the material should be supplied under separate cover and identified as confidential. Entire proposals
marked confidential will not be honored. Weld County will endeavor to keep that information
confidential, separate, and apart from the proposal subject to the provisions of the Colorado Open
Records Act or order of court.
Questions related to the submittal requirements and procedures should be directed to:
Cameron Parrott, P.E. — Senior Engineer
970-400-3745, cparrott@weldgov.com
El
CnniOI I r1
•
PAR
T
° _
2 -.SELECTION
PROCESS
t s
.
Selection Criteria and Method
Contractors will be evaluated on the following criteria. These criteria will be the basis for review of the
written proposals.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
EVALUATION
EVALUATION STANDARD
SCORING
WEIGHTING
SCORE
CRITERIA
FACTOR
RANGE
• The proposal clearly shows an understanding
Scope of
of the project objectives.
1 to 5
4.0
4%-20%
Proposal
• The proposed methodology meets the desired
goals of the County.
• The proposal demonstrates that the team
Critical
clearly understands the major issues
Issues
associated with the project.
1 to 5
4.0
4% - 20 %
• The proposal offers realistic solutions to the
critical issues.
• The team has described how it will control its
construction costs.
• The proposal describes how sub -contractors'
Project
costs will be controlled.
Control
• The team has demonstrated its ability to ensure
1 to 5
3.0
o 0
3% - 15/o
that State and Federal procedures are used
where appropriate.
• The team has demonstrated a QA/QC process
in place to manage the quality of the product.
• The team's location does not affect the
coordination of the project with the County.
Work
Location/
• The team is familiar with Weld County policies
1 to 5
1.0
1% - 5%
Familiarity
and construction criteria.
• The team demonstrated knowledge of Weld
County in general.
• The costs were presented in a way that is
reasonable and consistent with the project
Cost and
goals.
1 to 5
8.0
8% - 40%
Schedule
• The schedule contains sufficient detail to
ensure the project goals are met.
NOTE: The
best value process will
be utilized to
select the Contractor. There will be no
negotiation
of the cost/fee after the
Contractor is
selected.
Each scorer
will rate the proposals based on the rating scale outlined
above. After
the scorer
has
scored
each
proposal, the
individual
proposal scores will
be totaled.
Each scorer's
scores will
be
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F-AF1IDI I h
ranked by score from highest to lowest. The proposal with the highest score will be ranked first
place, second highest score will be ranked second place, and so on until all proposals have been
proposals have been ranked.
If interviews are determined to be necessary for the selection process, Contractors will be evaluated
on the following criteria. These criteria will be the basis for the scoring of the interview sessions.
EVALUATION CRITERIA
EVALUATION STANDARDS
• Team proposed and clearly described their
Work Approach
approach for completing the project.
• The team offered innovative ideas for the project.
• The team's project manager has adequate
qualifications and a proven track record to complete
Project Manager Qualifications
projects of this scope and complexity.
• The team's project manager demonstrates effective
communication skills.
• The team's presentation was clear and easy to
understand.
Quality of Presentation
• The people being interviewed displayed effective
communication skills.
• The team's use of audio-visual aids was effective.
• The team provided good answers to the questions
asked by the selection committee.
Question/Answer Session
• The answers provided by the team demonstrated a
clear understanding of the project and the project
goals.
All Evaluation Criteria Must Be Met
After all scorer rankings have been determined, each ranking will be totaled for each proposal based
on their respective rankings (1St 2nd, 3rd, etc.) from the scorers. For each scorer, rank 1 will get 1
point, rank 2 will get 2 points, and so on. The points will be totaled for each proposal. The proposals
will then be ranked by the aggregate score. The first ranked proposal will be considered the best
value for the County. The first ranked proposal may not be the lowest overall cost.
CAfliDi I I-\
ATTACHMENT A
WELD COUNTY BID REQUEST NO. B2100145
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
35TH AVE. & O ST. ROUNDABOUT PROJECT
November 15, 2021
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
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ATTACHMENT A
TABLE OF CONTENTS
The following forms and provisions take precedence over plan drawings and supplement the 2019
edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction" (Standard Specifications) which is to be used to administer the construction of this
project.
BIDDING REQUIREMENTS:
Invitationto Bid..................................................................................................................................... 3
Instructionsto Bidders...................................................................................................................4 - 16
BidProposal.................................................................................................................................17 - 18
*Bid Schedule..............................................................................................................................19 - 22
*Bid Bond..............................................................................
*IRS Form W-9......................................................................
*Title 49, CFR, Part 29 Debarment and Suspension Certific
*Certification of Compliance with Equal Opportunity Clause
*Anti Collusion Affidavit (CDOT Form #606) .........................
*Bidders List (CDOT Form #1413) ........................................
*All Bidders must submit these forms with their Bid.
CONTRACT FORMS:
ation
Reg i
............................................... 23
............................................... 24
.............................6....................... 25
iirements....................................... 26
...................................................... 27
...................................................... 28
**Notice of Award................................................................................................................................ 29
**Agreement................................................................................................................................. 30 - 41
**Performance Bond.................................................................................................................... 42 - 43
**Labor and Materials Payment Bond.......................................................................................... 44 - 45
Noticeto Proceed............................................................................................................................... 46
ChangeOrder..................................................................................................................................... 47
Certificate of Substantial Completion.................................................................................................. 48
Lien Waiver (General Contractor)....................................................................................................... 49
Final Lien Waiver (Subcontractors)..................................................................................................... 50
Noticeof Acceptance.......................................................................................................................... 51
**Selected Bidder must submit these forms prior to Contract Award
PROJECT SPECIAL PROVISIONS:
Project Special Provisions Index......................................................................................PSP 1 - PSP 2
Project Special Provisions.......................................................................................... PSP 3 - PSP 166
CDOT Revised Standard Special Provisions Index.................................................................. PSP 167
CDOT Revised Standard Special Provisions ...........................................................PSP 168 - PSP 271
ADDITIONAL DOCUMENTS:
Construction Plan Set............................................................................................. Separate Document
Revised M&S Standards......................................................................................... Separate Document
Geotechnical Engineering Report........................................................................... Separate Document
Subsurface Utility Engineering Report.................................................................... Separate Document
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ATTACHMENT A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150O STREET
GREELEY, CO 80631
DATE................................................................................... NOVEMBER 15, 2021
BID NUMBER...................................................................... B2100145
DESCRIPTION.................................................................... 35TH AVE. & O ST. ROUNDABOUT
MANDATORY PRE -BID CONFERENCE DATE ................. DECEMBER 9, 2021
BID DEADLINE DATE ......................................................... JANUARY 6, 2022
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its
Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase
the following:
35TH AVE. & O ST. ROUNDABOUT
The project in
general consists
of installing a
roundabout at
the intersection of N.
35th Avenue (A.K.A.
Weld County
Road 35) and 'O'
Street (A.K.A.
Weld County
Road 64) intersection
near Greeley, Co.
Bids for the above stated merchandise, equipment, and/or services will be received until: 10:00 A.M. on
January 6, 2022 (Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in-
oerson" bid ooenina. the submitted bids will be read over a Conference Call on January 6. 2022
at 10:00 A.M. (MDT). To join, call the phone number and enter the conference ID provided
below.
PHONE NUMBER: (720) 439-5261
CONFERENCE ID: 794582767#
PAGES 1 - 15 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN
PAGES 1 15 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW ON
PAGE 16.
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or
services.
Bids shall
include any and all
charges
for
freight, delivery, containers, packaging, less all taxes and
discounts,
and shall, in every
way, be
the
total net price which the bidder will expect the Weld County to
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ATTACHMENT A
pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified
herein.
Bid information can be found on the BidNet Direct website at www.bidnetdirect.com. Weld County
Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being
utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes,
proposals, addendums, and awards on this one centralized system.
Bid Delivery to Weld County
Emailed bids are required. Bids may be emailed to: bids _weldgov.com. Emailed bids must include
the following statement on the email: "I hereby waive my right to a sealed bid". An email
confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be
less than 25MB in size. Please call Purchasing at 970-336-7225 if there are any questions.
3. INSTRUCTIONS TO BIDDERS:
INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Department. Each bid must give the full business address of bidder and be signed by him with his
usual signature. Bids by partnerships must furnish the full names of all partners and must be signed
with the partnership name by one of the members of the partnership or by an authorized representative,
followed by the signature and title of the person signing. Bids by corporations must be signed with the
legal name of the corporation, followed by the name of the state of the incorporation and by the
signature and title of the president, secretary, or other person authorized to bind it in the matter. The
name of each person signing shall also be typed or printed below the signature. A bid by a person who
affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his
principal, may be held to the bid of the individual signing. When requested by the Weld County
Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a
corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the
bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or
instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly
set forth. All blank spaces in the bid forms shall be suitably filled in.
Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing
Director; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid
after it has been awarded.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to
ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated
in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept
unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing
Director for the premature opening of a bid not properly addressed and identified.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids,
to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
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vendor.
Terms Defined:
Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are
defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction
(Specifications), Section 101 and the Weld County Revisions to Section 101 of the Specifications.
The term "Contract Documents" shall mean the documents included but not limited to:
• Request for Qualifications
• Request for Proposal/Bid
• Contractor's Response to the Request for Proposal/Bid
• All Addendums
• All Appendices
• All Exhibits
• All Attachments
• Specifications including Weld County Special Provisions, CDOT Project Special Provisions,
CDOT Standard Special Provisions, CDOT Standard Provisions, CDOT Field Materials Manual,
CDOT Construction Manual, CDOT Survey Manual, and other referenced sources.
• Plans including detailed plans and standard plans
• Except as otherwise specified in the Contract Documents, or otherwise directed by the County,
references to standards, codes, or criteria shall mean the latest version in effect on the Proposal
Due Date.
Reference to "days" or "Days" contained in the Contract Documents shall mean "Calendar Days" unless
otherwise specified.
Familiarization with the Work:
Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site
where the Work is to be performed, local labor conditions and all local, state, and federal laws,
ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully
correlate his observations with requirements of the Contract Documents and Drawings and otherwise
satisfy himself of the expense and difficulties attending performance of the Work. The submission of a
Bid will constitute an incontrovertible representation by the Bidder that he has complied with every
requirement of this paragraph.
Interpretation of Contract Documents to Prospective Bidders:
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Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of
the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof.
Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be
mailed or delivered to each Contract Document holder of record. Unless approved by the
Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days
before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of
the Contract Documents or Drawings other than by duly issued Addenda.
In the Contract Documents, where appropriate:
• The singular includes the plural and vice versa;
• References to statutes or regulations include all statutory or regulatory provisions consolidating,
amending, or replacing the statute or regulation referred to;
• Words such as "herein," "hereof," and "hereunder" refer to the entire document in which they are
contained and not to any particular provision or section;
• Words not otherwise defined that have well-known technical or construction industry meanings
are used in accordance with such recognized meanings;
• References to Persons include their respective permitted successors and assigns and, in the
case of Governmental Persons, Persons succeeding to their respective functions and
capacities; and
• Words of any gender used herein include each other gender where appropriate.
Preparation of the Bid:
Bidders are required to use the Proposal Forms which are included in this package and on the basis
indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the
Bidder. 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. Bids by corporations must be executed in the corporate name by the president or a vice
president (or other corporate 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 signature. Names of all persons signing must be printed
below their signatures. A power of attorney must accompany the signature of anyone not otherwise
authorized to bind the Bidder.
Modification or Withdrawal of Bid:
Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid
must be executed and delivered to the place where Bids are to be submitted at any time prior to the
final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at
any time prior to the time set for receiving Bids provided the instruction is positively identified. Any
electronic modification should not reveal the amended Bid price, but should provide only the addition,
subtraction or modification. A duly executed document confirming the electronic modification shall be
submitted within three days after Bids are opened. The Controller/Purchasing Director may at their sole
discretion, release any Bid at any time.
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4. AWARD AND EXECUTION OF CONTRACT
Basis of Award:
Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the Bidder
whose Bid provides the Best Value to the County. The County reserves the right to waive informalities
and/or irregularities and to reject any or all bids.
Evaluation of Bids:
The evaluation of Bids will include consideration of Subcontractors and suppliers. All Contractors shall
submit a list of all Subcontractors he/she expects to use in the Work with the Bid. The use of
Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be
required in the performance of the Work. All Contractors shall submit with their Bid a list of the
suppliers as indicated in the Bid Forms.
Contract Execution:
The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond,
Labor & Materials Payment Bond, and Certificate of Insurance within ten (10) calendar days of receipt
of the Notice of Award. The Certificate of Insurance shall name Weld County, Colorado, its
elected officials, and its employees as additionally insured. Failure to execute the contract and
furnish the required paperwork within the time frame mentioned above shall be just cause for the
annulment of the Award and, in the event of such annulment, the Award may then be made to another
Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of
receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the
successful Bidder will issue the Notice to Proceed.
In submitting the bid, the Contractor agrees that the signed bid submitted, all the documents of
the Request for Proposal contained herein (including, but not limited to, product specifications
and scope of services), the successful Contractor's response, and the formal acceptance of the
bid by Weld County, together constitutes a contract, with the contract date being the date of
formal acceptance of the bid by Weld County. The County may require a separate contract,
which if required, has been made a part of this request.
5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND
The successful Contractor shall be required to execute the Performance Bond and Labor & Materials
Payment Bond in the amount of 100% of the Contract plus the value of the force account items,
covering the faithful performance of the Contract and the payment of all obligations arising there -under.
The Bonds shall be executed on the forms included with the Contract Documents by a surety company
authorized to do business in the State of Colorado and acceptable as surety to Weld County. The
Contractor shall deliver the Bonds to the Owner not later than the date of execution of the Contract.
6. INDIRECT COSTS
Governmental Fees:
The cost of all construction licenses, building and other permits, and governmental inspections required
by public authorities for performing the Work, which are applicable at the time Bids are opened and
which are not specified to be obtained by the County, shall be included in the Bid price.
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Royalties:
The cost of all royalties and license fees on equipment and materials to be furnished and incorporated
in the Work shall be included in the Bid price.
Utilities:
Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary,
gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances:
The Contractor shall include in his/her Bid such sums as he/she deems proper for overhead costs and
profits on account of cash allowances named in the Bid Documents.
7. SITE CONDITIONS
Familiarization with the Site:
The prospective Contractor shall by careful examination, satisfy himself/herself of the following:
• Nature and location of the site where the Work is to be performed.
• Character, quality, and quantity of surface and subsurface materials, water, structures and
utilities to be encountered.
Character of construction equipment and facilities needed for performance of the Work.
• General local conditions.
• Availability of lands as set forth in the General Conditions.
Access to the Site:
The Contractor shall carefully review the Drawings and the Project Special Conditions for provisions
concerning access to the site during performance of the Work. The Contractor shall carefully review
the locations of the site where the work is to be performed. The Contractor shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of
all employees who are newly hired for employment in the United States to perform work under this
Agreement, through participation in the E -Verify program of the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado
program procedures to undertake pre -employment screening or job applicants while this Agreement is
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being performed. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the
subcontractor and County within three (3) days that Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three (3) days of
receiving notice. Contractor shall not terminate the contract if within three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty
days after hiring a new employee to perform work under the contract, affirm that Contractor has
examined the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. Contractor shall deliver to County,
a written notarized affirmation that it has examined the legal work status of such employee and shall
comply with all the other requirements of the State of Colorado program. If Contractor fails to comply
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential
damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. §
24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen
of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of
the contract.
9. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
B. Confidential Information: Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply
with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard
to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or
disclose any such confidential information to any other person or entity without seeking written
permission from the County. Contractor agrees to advise its employees, agents, and consultants, of
the confidential and proprietary nature of this confidential information and of the restrictions imposed by
this Agreement.
C. Governmental Immunity: No term or condition of this Agreement shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
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D. Independent Contractor: Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits (including unemployment insurance or workers' compensation benefits) from County
as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this Agreement.
E. Compliance with Law: Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
F. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Service or Work: Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the Work described in the attached Exhibits. Contractor shall
faithfully perform the Work in accordance with the standards of professional care, skill, training,
diligence and judgment provided by highly competent Contractors performing construction services of a
similar nature to those described in this Agreement. Contractor shall further be responsible for the
timely completion and acknowledges that a failure to comply with the standards and requirements of
Work within the time limits prescribed by County may result in County's decision to withhold payment or
to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the mutual execution of this Agreement
and shall continue through and until Contractor's completion of the responsibilities described in the
attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the
State of Colorado prohibit County from entering into Agreements which bind County for periods longer
than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its
sole discretion, the County, by the Director of the Department of Public Works or his or her designee,
may extend the time for the Contractor to complete the service or work, by not more than thirty (30)
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days. Such extension shall not increase the compensation to be paid to the Contractor nor change any
other term herein.
L. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon
thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement
upon material breach of the other party, however the breaching party shall have fifteen (15) days after
receiving such notice to cure such breach. Upon termination, County shall take possession of all
materials, equipment, tools and facilities owned by County which Contractor is using, by whatever
method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other
documents it has completed or partially completed under this Agreement, together with all other items,
materials and documents which have been paid for by County, and these items, materials and
documents shall be the property of County. Copies of work product that is incomplete at the time of
termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County,
Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the
amounts contained in invoices which it has submitted and which have been approved by the County;
(2) the reasonable value to County of the services which Contractor provided prior to the date of the
termination notice, but which had not yet been approved for payment; and (3) the cost of any work
which the County approves in writing which it determines is needed to accomplish an orderly
termination of the work. County shall be entitled to the use of all material generated pursuant to this
Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no
claim of any kind whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or materials described
herein properly delivered.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event
that written authorization and acknowledgment by the County for such additional services is not timely
executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such
additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or decrease
in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified
accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in
writing prior to performance of any work covered in the anticipated Change Order. Any change in work
made without such prior Change Order shall be deemed covered in the compensation and time
provisions of this Agreement.
N. Subcontractors: Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Work without County's prior written consent, which
may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to
approve all personnel assigned to the Work during the performance of this Agreement and no
personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work.
Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be
performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to
assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement,
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assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such
process. The Contractor shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
O. Warranty: Contractor warrants that the Work performed under this Agreement will be performed in
a manner consistent with the professional construction standards governing such services and the
provisions of this Agreement. Contractor further represents and warrants that all Work shall be
performed by qualified personnel in a professional manner, consistent with industry standards, and that
all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor
is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty
period during which Contractor must correct any failures or deficiencies caused by Contractor's
workmanship or performance. This warranty shall commence on the date of County's final inspection
and acceptance of the Project, and shall continue for one year, or such greater time as specified in the
attached Exhibits.
P. Non -Assignment: Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or
transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due
to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war,
flood, earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507:
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
U. Compliance with Davis -Bacon Wage Rates: The successful bidder understands and agrees that,
if required by the Scope of Work, the work shall be in compliance with the Davis -Bacon Wage Rates.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the construction
of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than
the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that
amount will be made by County unless a "change order" authorizing such additional payment has been
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ATTACHMENT A
specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld
County Board of County Commissioners, as required pursuant to the Weld County Code. County will
not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder
agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
X. INSURANCE REQUIREMENTS: Contractor must secure, before the commencement of the Work,
the following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall keep the required insurance coverage in force at all times during the term of the
Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's
insurer shall waive subrogation rights against County.
a. Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all
the Contractor's employees acting within the course and scope of their employment. The policy
shall contain a waiver of subrogation against the County. This requirement shall not apply when
a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND
when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage covering
all operations required by the Work. Such policy shall include minimum limits as follows:
$1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and
completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire;
and $5,000 Medical payment per person. Medical operations coverage shall be provided for a
minimum period of one (1) year following final acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person;
$1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable
to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and
non -owned vehicles used in the performance of this Contract.
Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of
$1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and
subcontractors where:
(1) the Work includes Construction Surveying and/or Survey Monumentation and/or
(2) plans, specifications, and submittals are required to be signed and sealed by the
Contractor's or subcontractor's Professional Engineer including but not limited to:
(a) Shop drawings and working drawings as defined in subsection 105.25 of the
Specifications,
(b) Mix designs,
(c) Contractor performed design work as required by the plans and Specifications,
(d) Change Orders, or
(e) Approved Value Engineering Proposals.
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ATTACHMENT A
The policy shall cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims
covering wrongful acts, errors and/or omissions, including design errors, if applicable, for
damage sustained by reason of or in the course of operations under this Contract resulting from
professional services. In the event that the professional liability insurance required by this
Contract is written on a claims -made basis, Contractor warrants that any retroactive date under
the policy shall precede the effective date of this Contract; and that either continuous coverage
will be maintained or an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Contract is completed.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall
become primary in the event the primary liability policy limits are impaired or exhausted. The
policy shall be written on an Occurrence form and shall be following form of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under this
Contract involves potential pollution risk to the environment or losses caused by pollution
conditions that may arise from the operations of the Contractor described in the Exhibits. The
policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and
gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made
basis, the Contractor warrants that any retroactive date applicable to coverage under the policy
precedes the effective date of this Contract; and that continuous coverage will be maintained or
an extended discovery period will be exercised for a period of three (3) years beginning from
the time that work under this contract is completed.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise
provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or
companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the
amount of the initial contract amount as described in the attached Exhibits, plus the value of
subsequent modifications, change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost basis without
optional deductibles.
(1) The policy must provide coverage from the time any covered property becomes the
responsibility of the Contractor, and continue without interruption during construction,
renovation, or installation, including any time during which the covered property is being
transported to the construction installation site, or awaiting installation, whether on or off
site.
(2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the
Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made or until no person or
entity other than the County 's has insurable interest in the property to be covered,
whichever is later.
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ATTACHMENT A
(3) The Builders' Risk insurance shall include interests of the County and if applicable,
affiliated or associate entities, the General Contractor, subcontractors and sub -tier
contractors in the Project.
(4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form
and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary
buildings, transit, debris removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage), earthquake, and if
applicable, all below and above ground structures, piping, foundations including
underground water and sewer mains, piling including the ground on which the structure
rests and excavation, backfilling, filling, and grading. Flood damage coverage is not
required for work within the floodway or 100 -year floodplain. Regardless, Contractor
shall bear all risk associated with any and all loss resulting from flood events during
construction.
(5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall
specifically permit occupancy of the building during construction. County Contractor
shall take reasonable steps to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses within the Builder's
Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the
project by the County.
(6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as
required by the Contract Documents or by law, which shall specifically cover insured
equipment during installation and testing (including cold and hot testing).
(7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor
for all covered perils within the required policy.
For all general liability, excess/umbrella liability, and professional liability policies, if the policy is
a claims -made policy, the retroactive date must be on or before the contract date or the first
date when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or
other proof of insurance as determined in County's sole discretion. Contractor shall provide a
certificate of insurance naming Weld County, Colorado, its elected officials, and its employees
as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services
under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein. Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum
requirements, and these requirements do not decrease or limit the liability of Contractor. The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the Work under by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall
assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other obligations assumed
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ATTACHMENT A
or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement.
e. Certification of Compliance with Insurance Requirements: The Contractor stipulates that it has
met the insurance requirements identified herein. The Contractor shall be responsible for the
professional quality, technical accuracy, and quantity of all services provided, the timely delivery
of said services, and the coordination of all services rendered by the Contractor and shall,
without additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies.
Y. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or
willful acts or omissions of any type or character arising out of the Work done in fulfillment of the
terms of this Agreement or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any statutes,
ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any person,
persons, or property on account of its performance under this Agreement or its failure to comply
with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary
loss investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers for losses arising from the work performed by
the Contractor for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
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ATTACHMENT A
BID PROPOSAL
To: Weld County Purchasing Department
Attention: Controller/Purchasing Director
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Bid Proposal for: 35TH AVE. & O ST. ROUNDABOUT
PROPOSAL
Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby
proposes to furnish all labor and materials and to perform all Work required for the complete and
prompt execution of everything described or shown in or reasonably implied from the Bidding
Documents, including the Drawings and Specifications, for the Work above indicated for the monies
indicated below which includes all State, County, and local taxes normally payable with respect to such
Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits,
transportation, services, tools and equipment, labor and materials and other incidental costs.
The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax, if applicable. State of
Colorado and Weld County tax shall not be included. Upon application, the State of Colorado
Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption
indicating that the purchase of construction or building materials is for a purpose stated in Section 39-
26-114, CRS, and is free from Colorado State Sales Tax.
EXAMINATION OF DOCUMENTS AND SITE
The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications,
and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and
to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state
and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work.
PROPOSAL GUARANTEE
This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total
Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a
period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the
undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain
said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the
required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance.
TIME OF COMPLETION
The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within
the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject
to the CDOT Standard Specifications for Road and Bridge Construction, Section 108.
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ATTACHMENT A
EXECUTION OF DOCUMENTS
The Bidder understands that if this Bid Proposal is accepted, the Bidder must execute the required
Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and
Insurance Certificates within ten (10) days from the date of Notice of Award.
METHOD OF AWARD
The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified
regardless of the amount of the Bid.
It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed
budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use
of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price.
All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures;
the words will control. All math will be checked, and the correct total used for determining the low
bidder.
All proposals must be received by 10:00 a.m. (Purchasing Clock) on the due date.
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ATTACHMENT A
BID SCHEDULE
Item
Bid Schedule Item Description
Unit
Quit
Unit Price ($)
Total Price ($)
1
Clearing and Grubbing
L S
1
2
Removal of Structure
EACH
1
3
Removal of Pipe
LF
254
4
Removal of Delineator
EACH
5
5
Removal of Asphalt Mat (Planing)
SY
14221
6
Removal of Ground Sign
EACH
15
7
Removal of Ditch
LF
40
8
Unclassified Excavation (Complete in Place)
CY
3240
9
Unsuitable Material (Contingency)
CY
5000
10
Borrow (Complete in Place)(R = 40 Min.
CY
35114
11
Proof Rolling
HOUR
80
12
Backhoe
HOUR
40
13
Utility Potholing
HOUR
20
14
Sweeping (With Pickup Broom)
HOUR
100
15
Structure Backfill (Flow -Fill) (1,000 psi Weld County Mix)
CY
1133
16
Topsoil
CY
3354
17
Stockpile Topsoil
CY
17788
18
Erosion Log Type 1 (12 Inch)
LF
660
19
Silt Fence
LF
3981
20
Aggregate Bag
LF
138
21
Concrete Washout Structure
EACH
1
22
Vehicle Tracking Pad
EACH
4
23
Removal and Disposal of Sediment (Labor)
HOUR
100
24
Erosion Control Management
DAY
150
25
Temporary Berms
LF
4069
26
Reset Mailbox Structure
EACH
6
27
Seeding (Native)
ACRE
6.3
28
Mulching (Hydraulic)
ACRE
6.3
29
Soil Retention Blanket (Coconut)
SY
10426
30
Turf Reinforcement Mat (Class 1)
SY
500
31
Aggregate Base Course (Class 6)(R = 69 Min.
TON
8789
32
Aggregate Base Course (Special)
TON
1066
33
Reconditioning S ecial 3' Depth)
SY
28063
34
Hot Mix Asphalt (Grading S (100) (PG 64-22)
TON
3273
35
Hot Mix Asphalt (Grading SX) (100) (PG 64-28)
TON
1091
36
Concrete Pavement (4 Inch)
SY
1239
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CAfliD1 I h
IGr�rT . ►�`lLA i_1
Item
Bid Schedule Item Description
Unit
Qui1
Unit Price ($)
Total Price ($)
37
Concrete Pavement (8 Inch) (Special, Omaha Tan)
SY
1756
38
Concrete Pavement (9 Inch)
SY
18475
39
Concrete Pavement (9 Inch) (Special, Davis Red)
SY
730
40
Concrete Pavement (9 Inch) (Fast Track)
SY
500
41
Geotextile (Reinforcement) Tensar Tri-Ax 160
SY
27493
42
Riprap 9 Inch
CY
5
43
Concrete Class D (4,500 psi Min.
CY
66
44
Reinforcing Steel (Fy = 60,000 ksi)
LB
13585
45
18 Inch Reinforced Concrete Pipe (Complete in Place)
LF
84
46
23x14 Inch Reinforced Concrete Pipe Elliptical (Complete in Place)
LF
1239
47
30x19 Inch Reinforced Concrete Pipe Elliptical (Complete in Place)
LF
58
48
38x24 Inch Reinforced Concrete Pipe Elliptical (Complete in Place)
LF
736
49
53x34 Inch Reinforced Concrete Pipe Elliptical (Complete in Place)
LF
493
50
23x14 Inch Reinforced Concrete End Section Elliptical
EACH
2
51
30x19 Inch Reinforced Concrete End Section Elliptical
EACH
1
52
38x24 Inch Reinforced Concrete End Section Elliptical
EACH
10
53
15 Inch Corrugated Aluminized Steel Pipe
LF
120
54
24 Inch Corrugated Aluminized Steel Pipe
LF
40
55
15 Inch Steel Aluminized End Section
EACH
6
56
24 Inch Steel Aluminized End Section
EACH
2
57
Inlet Type R L 5 (5 Foot)
EACH
6
58
Inlet Type R L 10 (5 Foot)
EACH
2
59
Manhole Box Base (5 Foot)
EACH
2
60
Manhole Box Base (10 Foot)
EACH
4
61
Curb and Gutter Type 2 (Section I -B
LF
3619
62
Curb and Gutter Type 2 (Section I -M) (Special)
LF
478
63
Curb and Gutter Type 2 (Section II -B
LF
4367
64
Delineator (Flexible) (Special) (Type I
EACH
45
65
Delineator (Flexible) (Special) (Type II
EACH
21
66
Delineator (Flexible) (Special (Type III
EACH
8
67
Sign Panel (Class I
SF
174
68
Sign Panel (Class II
SF
252
69
Steel Signpost 2x2 Inch Tubing)
LF
676
70
Field Office (Class 2)
EACH
1
71
Sanitary Facility
EACH
2
72
Construction Surveying
L S
1
73
Mobilization
L S
1
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ATTACHMENT A
Item
Bid Schedule Item Description
Unit
Quantity
Unit Price ($)
Total Price ($)
74
Epoxy Pavement Marking
GAL
129
75
Preformed Thermoplastic Pavement Marking (Word -Symbol)
SF
219
76
Preformed Thermoplastic Pavement Marking (Xwalk-Stop Line)
SF
48
77
Flagging
HOUR
500
78
Traffic Control Inspection
DAY
150
79
Traffic Control (Signage) e
L S
1
80
Traffic Control Management
DAY
60
81
Portable Message Sign Panel
DAY
100
82
Concrete Barrier (Temporary)
LF
100
83
F/A Minor Contract Revisions
F A
1
$500,000.00
$500,000.00
84
F/A Erosion Control
F A
1
$50,000.00
$50,000.00
TOTAL BID ($)
TOTAL BID (WRITTEN WORDS):
Total Bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. The above unit prices
shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.
Bidder understands that the County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that
this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon
receipt of County's written acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or
Bonds as required by the AGREEMENT.
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ATTACHMENT A
The bid security attached is to become the property of the County in the event the contract and bond
are not executed within the time above set forth, as liquidated damages for the delay and additional
expense to the County caused thereby.
Respectively submitted,
By:
(SEAL - If bid is by a corporation) Title:
Address:
NOTE: The following are items of work to be completed by Weld County:
• Materials Owner Acceptance and Independent Assurance Testing
Construction Inspection
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Date:
Date:
Date:
Date:
By:
By:
By:
By:
Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in
the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown
in the bid tabulation which has been completed or the actual quantities furnished, installed or
constructed. The undersigned, by his/her signature, hereby acknowledges and represents that:
1. Performance of each and every portion of the Work is included as part of the Contractor's Price.
2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead,
profit and services relating to the Contractor's performance of its obligations under the Contract
Documents (including all Work, Warranties, equipment, materials, labor, and services provided by
subcontractor and intellectual property rights necessary to perform the Work) are included as part of
the Contractor's Price.
3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility
of the County, as specifically provided elsewhere in the Contract Documents) is included as part of
the Contractor's Price.
4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with
legal requirements are included as part of the Contractor's Price.
5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to
the Work and any equipment, materials, labor, or services included therein are included a part of
the Contractor's Price.
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ATTACHMENT A
6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are
include as part of the Contractor's Price.
7. The Contractor's Price proposed herein meets all the conditions, specifications and special
provisions set forth in the request for proposal for Request No. #B2100145
8. The signatory is authorized to bind the below -named contractor for the amount shown on the
accompanying bid tabulation.
9. The signed bid submitted, all the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO
SIGNATURE
E-MAIL
DATE
FAX TAX ID #.
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO
SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
YOU DO NOT NEED TO SEND BACK PAGES 1 —16.
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ATTACHMENT A
BID BOND
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
KNOW ALL MEN BY THESE PRESENTS, that we, as Principal,
hereinafter called the Principal, a [corporation, partnership, or
individual] duly authorized by law to do business in the State of Colorado, and
[Surety Company Name], a corporation duly authorized to do surety business under the laws of
the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld
County, Colorado as Obligee in the penal sum of
Dollars ($ ), lawful money of the United States of America, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly to these presents.
WHEREAS, the Principal has submitted a Proposal dated , 2022 for the 35TH AVE. & O
ST. ROUNDABOUT, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound
and jointly and severally liable to the Owner in the penal sum described above.
WHEREAS, the Owner has required as a condition for receiving said Proposal that the principal deposit with the
Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in
lieu thereof furnish a Proposal Bond for said amount conditioned such that in the event of failure to execute the
proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid
immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform.
The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the
Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for
issuance of the Notice to Proceed, unless time is extended by Weld County.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
day of ,2022 the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative pursuant to authority of its governing board.
Principal: Witness:
Signature: Printed Name:
Title:
ATTEST:
By:.
Surety_
Signatu
Title:
ATTEST:
By:
Witness:
Printed Name:
24 of 51
CAnIDI I h
ATTACHMENT A
Form
W-9
I Request for Taxpayer
Give Form to the
(Rev. August 2013)
Identification Number and Certification
requester. Do not
DepartnentoftheTreasury
Send to the IRS.
Internal
Revenue Service
Name (as shown on your income tax return)
N
N
Ol
Business name/disregarded entity name, if different from above
f0
a
c
Check appropriate box for federal tax classification:
Exemptions (see instructions):
o
❑ Individual/sole ❑ C ❑ S Corporation Partnership ❑ Tnut/estate
proprietor Corporation
p
Exempt payee code (if any)
O2
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
Exemption from FATCA reporting
code (if any)
CL
❑ Other (see instructions) ►
Address (number, street, and apt. or suite no.)
I Requester's name and address (optional)
V
a
m
rB
City, state, and ZIP code
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
I Social security number
to avoid backup For individuals, this is your social sntnumber for a
lwithholding. pr,ritoI 3.ForHowever,
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
id
-
m
-
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
Employer identification number
number to enter.
I
I
I
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
alyl l Signature of
Here US. person► Data'
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W-9, at www.irs.gov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report. for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (it any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
3. Claim exemption from backup withholding if you area U.S. exempt payee. If United States, provide Form W-9 to the partnersflp to establish your U.S. status
applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S. trade or business is not subject to the
Cat. No. 10231X Form W-9 (Rev. 8-2013)
25 of 51
CAflIDI I !-
ATTACHMENT A
TITLE 49, CFR, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION
(To be signed by authorized signatory of Proposer, each Major Participant)
The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency.
• Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
agency within the past 3 years.
• Does not have a proposed debarment pending.
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any manner involving fraud or official misconduct within the past 3
years.
• Has not within the past 3 years had one or more public transactions (federal, state or local)
terminated for cause or default.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of Award but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and
dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
Date:
Signature
Title
26 of 51
CAflIDI I H
ATTACHMENT A
*CERTIFICATION OF COMPLIANCE WITH EQUAL OPPORTUNITY CLAUSE REQUIREMENTS
(To be signed by authorized signatories of Proposer and each Major Participant (except as
excluded below))
The Proposer certifies that (1) [it/he/she] has has not developed affirmative action
programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) [it/he/she] has
has not , participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where
required, [it/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former
President's Committee on Equal Employment Opportunity, all reports due under the applicable filing
requirements.
Date: , 2022
Proposer/Subcontractor Name:
Signature:
Title:
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by Proposers and proposed
subcontractors only in connection with contracts and subcontracts, which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are
set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that 41
CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a
report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
[Duplicate and modify this form as necessary for use by Proposer and each Subcontractor
described above.]
27 of 51
CArlIDl I I-%
ATTACHMENT A
COLORADO DEPARTMENT OF TRANSPORTATION me sue.
ANTI -COLLUSION AFFIDAVIT
I hereby attest thatI am the person reonsitle within my firm to the final decision as to the peiice(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 an
his or her behalf and on behalf of my firm_
I further attest that -
I _ The price(s) and mount 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 prices) nor the amount of this bid have been. disclosed to any other firm or person who is a bidder or
potential prime bidder on, this project and will not be so disclosed prior to bid opening_
2B_ Neither the prig 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 an this project, or to submit a bid hirer than, the bid of this firm, or any intentionally high or non-
competifive bid or other farm of complementary bid.
3B_ No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an iriteintionalty high„ nonoarepebtlle or other form of corrnfrlernentaryr bid on this project
4_ The bid of my firm is made i n good faith and not pursuant to any consultation, convnuniicalion, agreement or
discussed n with, or inducement or solicitation by or from any firm or person to submit any inieritirmnally high, noxncom-
pelitive or other farm 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 any firm or person,
whether in connection with this or any other project, in n consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncorrrpelitive or other form of complementary bid
or agreeing or promising to do so on this project.
&_ My firm has not accepted or been promised any subcontract or agreement regard the sale of materials or
services to any firm or person. and has riot been promised or paid cash or anything of value by any Inn or person,
whether in connectiOn with this or any other project, in consideration for riy fiin"s suburirtling any intentionally high,
noncoropeheve or other form of co tary bid, or agreeing or promising to do so. an this project_
7_ 1 have made a diligent inquiry of all mernbers, officers, employees, and agents of my firm with respanotrittibs
reloheg to the preparation, approval or serbmissior of my firms bid on this protect and have been advised by each of
them that he or She has not partipOated in any carmmunication, consultation, discussion, agreement. collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit
& I understand and my firm understands that any misstatement in the affidavit is and shelf be treated as a fraudulent
concealment train the Colorado of Tranaportalion, 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_
%off, At ebft tY1ry'nmf(*
ep
(1114
2*a Cf fe*d wit &fn 5r f1 oAnw: =>r flia.*Nlfii.p
$p
rufiYlL'
ifs*
Sworn to before me this day of, 20
v
I+ it Te"Sw &00"
NOTE: This document must be signed In ink.
COOT F Sias► ua
Page 28 of 52
r=nrnoi r !-
ATTACHMENT A
OLORADO DEPARTMENT OF TRANSPORTATION
BIDDERS LIST
PT*ctNwi�Dscd�on
ProjsdNllnber
Pcco1SAocasit
Piiup+ el
Contractor
Region
S*I�pNd0fE The lddor mt* list sl fins se0tdrg to {a" On the CQ1 t. This lefor r n is i*ed by the
fJalaredoO of Tuiicn(COOT) to del airs overdl 9cM kr the Cfto*vsittged Ri*Ewees Eni rpdse Pi Peaks -
tootibwnt t lhmwm yr. t In U*
Finn Name
Email
Work
(Select al that apply)
DBE
(YIN)
Selected
(WN)
the intannaon provided h+v[r t
is burr end +;torrselt to the bast of my knowledge.
Name
Signature/Initials
Title
Date
Work Proposed Ca�aao,Aes: f 1 •Sd ut"G r ai' . !e& 9rr 1 S ed e Rg,.n? c'emen1 2 f . Cfearar r. rrJr}wJtaaIT, E ca-eaDanpp and
f A.fat� nafs and '+y rth 's f 2 I pra.P ClrR:i raaa rV Yirar S 1~.arft'tt�eadr
2 Fra rgingarrd TrafAe co tfi,:>a' f 3 zardsr atv a,+KJ Ertas orr Ccrr1Of' 22 Eard SeYveyrrir s vices
3 rrrrckag err i HoWireg f 4 5nd o f orestrbt # on 23 Ptrdarn. Rsfatkarr8and Mrsn�tiuBrrt+9nf
4 Precast arse Foerrrdatrorrs. and f5 Apia 24. Ries and s+et�Forrp 6�ans
Footrngs f fi Road and Pa,*ktrr Lor Ma,1 25 Wave 14arregamant and Recycl'rr g
5 Cauacreta Pavrng FJatt ark and Raper f 7 C,�ai .Seai Crack Seal L ins Seaf and 26 Srte Clean Ltp
6 Lrgnbngano Ef6GYT a! Cra;3-kF,1't 27 Afecha ncMarld HVAC
7 Sans SrgnalMstadfaion and Guanlrart f8 Badge Pairmrgand C5sbr, 28 Tunnel CarrsrnxPur
8 e,wriq f9 Sfalrk6ey ark t Gvngrrran lt+strlt 29. Prt Nnq arrd GaWta2
SO BwkIngs arid Vc+rtrcai $6 lures 20 Park, Lois and Cumme7 craf 5let afks 34) Env roi nGrrtal Heaiufi and Sabel�r,
fd tJ fity_ Water and Seiii r Lines
is farm must be subriEtted by the praposai dearline, For COOT prgecta, submitto odd hq_db.farms@,state co.ua.
CDOT Form # 1413 12116
Page 29 of 52
CA rl l D l I h
ATTACHMENT A
NOTICE OF AWARD
To:
Project Description: 35TH AVE. & O ST. ROUNDABOUT
This project will reconstruct the intersection of N. 35th Avenue and 'O' Street by converting the
existing 4 -way stop controlled intersection into a 4 legged roundabout.
The Owner has considered the Bid submitted by you for the above described Work in response
to its Invitation for Bids and Instructions to Bidders.
You are hereby notified that your Bid has been accepted in the amount of or as
shown in the Bid Schedule. You are required by the Instructions to Bidders to execute one
original of the Agreement and furnish the required Performance Bond, Payment Bond and
Certificates of Insurance within five (5) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date
of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's
acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may
be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this day of 2022
Weld County, Colorado, Owner
By:
Cameron Parrott, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this
day of 2022
Title:
Page 30 of 52
CArl I ®I I M
ATTACHMENT A
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY &
35TH AVE. & O ST. ROUNDABOUT
THIS AGREEMENT is made and entered into this _ day of , 2022, by
and between the Board of Weld County Commissioners, on behalf of the Department of Public
Works, hereinafter referred to as "County," and , hereinafter
referred to as "Contractor".
WHEREAS,
County
desires to
retain Contractor to perform construction services as
required by County
and set
forth in the
attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications,
and time to perform the required construction services to provide the services according to the
terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has
the time, skill, expertise, and experience necessary to provide the equipment, materials and
services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibits, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this
Agreement and any Exhibit or other attached document, the terms of this Agreement shall
control, and the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in Bid Package
No. B2100145.
Exhibit B consists of Contractor's Response to County's Request for Proposal.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall faithfully perform the Work in accordance with the standards of professional
care, skill, training, diligence and judgment provided by highly competent Contractors
performing construction services of a similar nature to those described in this Agreement.
Contractor shall further be responsible for the timely completion and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and shall continue through and until Contractor's completion of the responsibilities
described in the attached Exhibits. Both of the parties to this Agreement understand and agree
that the laws of the State of Colorado prohibit County from entering into Agreements which bind
County for periods longer than one year. This Agreement may be extended upon mutual written
Page 31 of 52
C/\nlolI h
ATTACHMENT A
agreement of the Parties. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the
service or work, by not more than thirty (30) days. Such extension shall not increase the
compensation to be paid to the Contractor nor change any other term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County.
Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices
which it has submitted and which have been approved by the County; (2) the reasonable value
to County of the services which Contractor provided prior to the date of the termination notice,
but which had not yet been approved for payment; and (3) the cost of any work which the
County approves in writing which it determines is needed to accomplish an orderly termination
of the work. County shall be entitled to the use of all material generated pursuant to this
Agreement upon termination. Upon termination of this Agreement by County, Contractor shall
have no claim of any kind whatsoever against the County by reason of such termination or by
reason of any act incidental thereto, except for compensation for work satisfactorily performed
and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall
be in writing signed by both parties. No additional services or work performed by Contractor
shall be the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the
compensation payable hereunder. In the event that written authorization and acknowledgment
by the County for such additional services is not timely executed and issued in strict accordance
with this Agreement, Contractor's rights with respect to such additional services shall be
deemed waived and such failure shall result in non-payment for such additional services or work
performed. In the event the County shall require changes in the scope, character, or complexity
of the work to be performed, and said changes cause an increase or decrease in the time
required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified
accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be
made in writing prior to performance of any work covered in the anticipated Change Order. Any
change in work made without such prior Change Order shall be deemed covered in the
compensation and time provisions of this Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $_
, as set forth in Exhibits. No payment in excess of that set forth in the
Exhibits will be made by County unless a Change Order authorizing such additional payment
has been specifically approved by Weld County. If, at any time during the term or after
Page 32 of 52
CAflIDI I h
ATTACHMENT A
termination or expiration of this Agreement, County reasonably determines that any payment
made by County to Contractor was improper because the service for which payment was made
did not perform as set forth in this Agreement, then upon written notice of such determination
and request for reimbursement from County, Contractor shall forthwith return such payment(s)
to County. Upon termination or expiration of this Agreement, unexpended funds advanced by
County, if any, shall forthwith be returned to County. County will not withhold any taxes from
monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the
accurate reporting and payment of any taxes related to payments made pursuant to the terms of
this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be
entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the
contrary contained in this Agreement, County shall have no obligations under this Agreement
after, nor shall any payments be made to Contractor in respect of any period after December
31 of any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and
the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees of County, nor
entitled to any employee benefits (including unemployment insurance or workers' compensation
benefits) from County as a result of the execution of this Agreement. Contractor shall be solely
responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor
shall not enter into any subcontractor agreements for the completion of this Work without
County's prior written consent, which may be withheld in County's sole discretion. County shall
have the right in its reasonable discretion to approve all personnel assigned to the Work during
the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work. Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in
such process. The Contractor shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In
addition, all reports, data, plans, drawings, records and computer files generated by Contractor
in relation to this Agreement and all reports, test results and all other tangible materials obtained
and/or produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top
the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld
Page 33 of 52
CArlIDI I h
ATTACHMENT A
County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-
72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County. Contractor
agrees to advise its employees, agents, and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that
all Work shall be performed by qualified personnel in a professional manner, consistent with
industry standards, and that all services will conform to applicable specifications. In addition to
the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to
this Agreement is subject to a warranty period during which Contractor must correct any failures
or deficiencies caused by Contractor's workmanship or performance. This warranty shall
commence on the date of County's final inspection and acceptance of the Project, and shall
continue for one year, or such greater time as specified in the attached Exhibits.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this
work. Acceptance by County of reports, incidental material(s), and structures furnished under
this Agreement shall not in any way relieve Contractor of responsibility for the quality and
accuracy of the construction of the project. In no event shall any action by County hereunder
constitute or be construed to be a waiver by County of any breach of this Agreement or default
which may then exist on the part of Contractor, and County's action or inaction when any such
breach or default shall exist shall not impair or prejudice any right or remedy available to County
with respect to such breach or default. No assent, expressed or implied, to any breach of any
one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to
be a waiver of any other breach. Acceptance by the County of, or payment for, the Work
completed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall keep the required insurance coverage in force at all times during the term
of the Agreement, or any extension thereof, and during any warranty period. For all coverages,
Contractor's insurer shall waive subrogation rights against County.
a. Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute,
covering all the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor
executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage
covering all operations required by the Work. Such policy shall include minimum limits
as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000
Page 34 of 52
c AnloI I h
ATTACHMENT A
products and completed operations aggregate; $1,000,000 Personal Advertising injury;
$50,000 any one fire; and $5,000 Medical payment per person. Medical operations
coverage shall be provided for a minimum period of one (1) year following final
acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per
person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this
Contract.
Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of
$1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and
subcontractors where:
(1) The Work includes Construction Surveying and/or Survey Monumentation and/or
(2) Plans, specifications, and submittals are required to be signed and sealed by the
Contractor's or subcontractor's Professional Engineer including but not limited
to:
(a) Shop drawings and working drawings as defined in subsection 105.25 of the
Specifications,
(b) Mix designs,
(c) Contractor performed design work as required by the plans and
Specifications,
(d) Change Orders, or
(e) Approved Value Engineering Proposals.
The policy shall cover professional misconduct or lack of ordinary skill for those
positions defined in the Scope of Services of this contract. Contractor shall maintain
limits for all claims covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services. In the event
that the professional liability insurance required by this Contract is written on a
claims -made basis, Contractor warrants that any retroactive date under the policy
shall precede the effective date of this Contract; and that either continuous coverage
will be maintained or an extended discovery period will be exercised for a period of
two (2) years beginning at the time work under this Contract is completed.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000
and shall become primary in the event the primary liability policy limits are impaired or
exhausted. The policy shall be written on an Occurrence form and shall be following
form of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under
this Contract involves potential pollution risk to the environment or losses caused by
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KCII 11a1mSi1
ATTACHMENT A
pollution conditions that may arise from the operations of the Contractor described in the
Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall
apply to sudden and gradual pollution conditions resulting from the escape of release of
smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas,
waste materials, or other irritants, contaminants, or pollutants (including asbestos). If
the coverage is written on a claims -made basis, the Contractor warrants that any
retroactive date applicable to coverage under the policy precedes the effective date of
this Contract; and that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the time that work
under this contract is completed.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless
otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain,
in a company or companies lawfully authorized to do business in Colorado, Builders'
Risk Insurance in the amount of the initial contract amount as described in the attached
Exhibits, plus the value of subsequent modifications, change orders, and cost of material
supplied or installed by others, comprising total value of the entire Project at the site on a
replacement cost basis without optional deductibles.
(1) The policy must provide coverage from the time any covered property becomes
the responsibility of the Contractor, and continue without interruption during
construction, renovation, or installation, including any time during which the
covered property is being transported to the construction installation site, or
awaiting installation, whether on or off site.
(2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in
the Contract Documents or otherwise agreed in writing by all persons and entities
who are beneficiaries of such insurance, until final payment has been made or
until no person or entity other than the County 's has insurable interest in the
property to be covered, whichever is later.
(3) The Builders' Risk insurance shall include interests of the County and if
applicable, affiliated or associate entities, the General Contractor, subcontractors
and sub -tier contractors in the Project.
(4) The Builders' Risk Coverage shall be written on a Special Covered Cause of
Loss form and shall include theft, vandalism, malicious mischief, collapse, false -
work, temporary buildings, transit, debris removal including demolition, increased
cost of construction, architect's fees and expenses, flood (including water
damage), earthquake, and if applicable, all below and above ground structures,
piping, foundations including underground water and sewer mains, piling
including the ground on which the structure rests and excavation, backfilling,
filling, and grading. Flood damage coverage is not required for work within the
floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk
associated with any and all loss resulting from flood events during construction.
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ATTACHMENT A
(5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall
specifically permit occupancy of the building during construction. County
Contractor shall take reasonable steps to obtain consent of the insurance
company and delete any provisions with regard to restrictions within any
Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy
shall remain in force until acceptance of the project by the County.
(6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as
required by the Contract Documents or by law, which shall specifically cover
insured equipment during installation and testing (including cold and hot testing).
(7) The deductible shall not exceed $25,000 and shall be the responsibility of the
Contractor for all covered perils within the required policy.
For all general liability, excess/umbrella liability, and professional liability policies, if the
policy is a claims -made policy, the retroactive date must be on or before the contract
date or the first date when any goods or services were provided to County, whichever is
earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a
policy, or other proof of insurance as determined in County's sole discretion. Contractor
shall provide a certificate of insurance naming Weld County, Colorado, its elected
officials, and its employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to
the commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are
the minimum requirements, and these requirements do not decrease or limit the liability
of Contractor. The County in no way warrants that the minimum limits contained herein
are sufficient to protect the Contractor from liabilities that might arise out of the
performance of the Work under by the Contractor, its agents, representatives,
employees, or subcontractors. The Contractor shall assess its own risks and if it deems
appropriate and/or prudent, maintain higher limits and/or broader coverages. The
Contractor is not relieved of any liability or other obligations assumed or pursuant to the
Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services
rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
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ATTACHMENT A
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage, liability,
suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work
done in fulfillment of the terms of this Agreement or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or
court decree. The Contractor shall be fully responsible and liable for any and all injuries or
damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement.
It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the Contractor agrees to waive all rights of subrogation against the County its
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the Contractor
for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of
County.
16. Examination of Records. To the extent required by law, the Contractor agrees that
any duly authorized representative of County, including the County Auditor, shall have access to
and the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts
of God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project
representative ("County Representative") who shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be directed to
County Representative. All notices or other communications made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the
following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
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ATTACHMENT A
Either party may change its notice address(es) by written notice to the other. Notice shall be
sent to:
Contractor:
Name:
Position:
Address:
Address:
E-mail:
Phone:
County: Weld County Public Works
Name: Cameron Parrott, P.E.
Position: Senior Engineer
Address: P.O. Box 758
Address: 1111 H Street,
Greeley, CO. 80632-758
E-mail: cparrott@weldgov.com
Phone: 970-400-3745
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20.
Non -Exclusive
Agreement.
This Agreement is
nonexclusive,
and County may engage
or use
other
Contractors or persons
to perform services
of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties with respect
to the subject matter contained in this Agreement. This instrument supersedes all prior
negotiations, representations, and understandings or agreements with respect to the subject
matter contained in this Agreement. This Agreement may be changed or supplemented only by
a written instrument signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available. Execution of this Agreement by County does not create an obligation on the
part of County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and
§24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of
Weld County has any personal or beneficial interest whatsoever in the service or property which
is the subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including
without limitation, the warranties, indemnification obligations, confidentiality, and record
keeping) shall survive any such expiration or termination.
25.
Severability. If
any
term or condition of this Agreement
shall be held to be invalid,
illegal,
or unenforceable
by a
court of competent jurisdiction, this
Agreement shall be construed
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CArlIDI I h
ATTACHMENT A
and enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with said
laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the
parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work
under this Agreement. Contractor will confirm the employment eligibility of all employees who
are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program of the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or
job applicants while this Agreement is being performed. If Contractor obtains actual knowledge
that a subcontractor performing work under this Agreement knowingly employs or contracts with
an illegal alien Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the contract if within three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
Contractor shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that
Contractor has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such employees.
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ATTACHMENT A
Contractor shall deliver to County, a written notarized affirmation that it has examined the legal
work status of such employee and shall comply with all the other requirements of the State of
Colorado program. If Contractor fails to comply with any requirement of this provision or of
C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or
affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of
$500,000 annually, or for public contracts for road or bridge construction in excess of $50,000,
Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at
least eighty percent of the work under this Contract. "Colorado labor" means any person who is
a resident of the state of Colorado at the time of the public works project, who can provide a
valid Colorado driver's license, a valid Colorado state -issued photo identification, or
documentation that he or she has resided in Colorado for the last thirty days. The County, in its
sole discretion, may waive the eighty percent requirement if there is reasonable evidence to
demonstrate insufficient Colorado labor is available to perform the work, and this requirement
would create an undue burden that would substantially prevent the work from proceeding to
completion. [This section shall not apply to any project which is funded in whole or in part with
federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107
and 2 C. F. R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with
federal funds.]
32. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor, concerning this Agreement, the parties agree that each party shall be responsible
for the payment of attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by
any extra -judicial body or person. Any provision to the contrary in this Agreement or
incorporated herein by reference shall be null and void.
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ATTACHMENT A
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or
written, and any other communications between the parties relating to the subject matter of this
Agreement.
CONTRACTOR:
By:
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Date of Signature
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
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ATTACHMENT A
PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECT DESCRIPTION: 35TH AVE. & O ST. ROUNDABOUT
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
Address of Contractor)
hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars,
($ ). in lawful money of the United States of America, 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 CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of 2022,
a copy of which is hereto attached and made a part hereof for the construction of:
35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No. B2100145.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the
undertakings, covenants, terms, conditions, and agreements of said contract 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 one year guaranty period, and if he shall satisfy all claims
and demands incurred under such contract, and shall fully indemnify and save harmless the
Owner from all costs 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 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 contract or to the
Work to be performed thereunder of 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 contract or to the Work or to the Specifications.
Page 43 of 52
I •I1•]IW
ATTACHMENT A
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
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.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which
shall be deemed an original, this day of
, 2022.
Contractor
(Contractor) Secretary
(SEAL)
(Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
Attorney -in -Fact
(Address)
By
By
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the Project is located.
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CArlIDI I h
ATTACHMENT A
LABOR & MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto Weld County, Colorado
(Name of Owner)
P.O. Box 758. 1111 H Street. Greelev, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars ($
), in lawful money of the United States of America, 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 CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 2022,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No.
B2100145.
NOW, THEREFORE, if the Contractor shall promptly 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 contract, and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery,
equipment and tools, consumed 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 contract or to the
Work to be performed thereunder of the Specifications accompanying the same shall in any way
Page 45 of 52
CArliDl 1 h
ATTACHMENT A
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
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 Contract or to the Work or to the Specifications.
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
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.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which
shall be deemed an original, this day of , 2022.
Contractor
By.
(Contractor) Secretary
(SEAL)
(Witness as to Contractor)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
Witness as to Surety
(Address)
(Address)
By
Attorney -in -Fact
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the Project is located.
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ATTACHMENT A
NOTICE TO PROCEED
To:
Date:
PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No.
B2100145.
You are hereby notified to commence Work in accordance with the Agreement dated
. The date of completion of all Work is, therefore
By
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Cameron Parrott, P.E., Senior Engineer
Weld County, Colorado, Owner
Dated this day of , 2022.
By
Titl
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CAflIDI I h
ATTACHMENT A
CHANGE ORDER NO. (EXAMPLE)
Date:
PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No.
B2100145
Owner: Weld County, Colorado
Contractor:
The following change is hereby made to the Contract Documents:
CHANGE TO CONTRACT PRICE:
Original Contract Price:
Current Contract Price adjusted by previous Change Order:
The Contract Price due to this Change Order will be increased by:
The New Contract Price, including this Change Order, will be:
CHANGE TO CONTRACT TIME:
The Contract Time will be increased by calendar days.
The date for completion of all Work will be
RECOMMENDED:
Owner Representative: Date:
Cameron Parrott, P.E. (Senior Engineer)
APPROVALS:
CONTRACTOR:
Name:
Title:
Date:
WELD COUNTY: BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board Chairperson
Page 48 of 52
CAflIDI I h
ATTACHMENT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Contractor:
Contract For: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No.
B2100145. Contract Dated:
This Certificate of Substantial Completion applies to all Work that has been sufficiently
completed in accordance with the Contract Documents and as modified by any change orders
agreed to by the parties, so that the County and/or Owner can utilize the project for the use for
which it was intended, except for the following specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of
the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents on
Date of Substantial Completion
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of the Contractor to
complete all the Work in accordance with the Contract Documents. The items in the list shall be
completed or corrected by the Contractor within days of the above date of
Substantial Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner:
Engineer:
Contractor:
Date:
Date:
Date:
Page 49 of 52
CAflIDI I It
ATTACHMENT A
LIEN WAIVER (GENERAL CONTRACTOR)
TO: Weld County Public Works
Attn: Cameron Parrott, P.E., Senior Engineer
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to
its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for
material heretofore furnished for use in and for labor heretofore performed upon the construction,
alteration, addition to or repair of the structures or improvements described in the Contract Documents
as:
PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in the Invitation for Bids, Bid No. B2100145.
Contractor:
(If no legal description is shown following the description of Project, we acknowledge that the foregoing is
an adequate description of the real properties and improvements inasmuch as the foregoing is the
description given in the Contract Documents which govern the performance of the Work for which
consideration has been received.)
In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed
on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement
for payment has been made.
We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers,
employees, servants and agents or subcontractors arising from our Work on the Project, and we further
agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including
reasonable attorney fees, which they may incur as a result of such claims.
Contractor
By:
Title:
Date:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2022,
by
My commission expires:
Notary Public
Page 50 of 52
rZ^n1DI I h
ATTACHMENT A
LIEN WAIVER (SUBCONTRACTORS)
PROJECT: 35TH AVE. & O ST. ROUNDABOUT
To All Whom It May Concern:
WHEREAS, the undersigned has been employed by (A)
to furnish labor and materials for (B)
work, under a contract (C)
for the improvement of the premises described as (D)
County of , State of
of which
is the Owner.
NOW, THEREFORE, this day of , 2022, for and in consideration
of the sum of (E) Dollars paid simultaneously herewith,
the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and
release any lien rights to, or claim of lien with respect to and on said above described premises, and the
improvements thereon, and on the monies or other considerations due or to become due from the Owner,
on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may
hereafter be furnished by the undersigned to or for the above described premises by virtue of said
contract.
(F) (SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
(SEAL)
(Signature of Authorized Representative)
Title:
INSTRUCTIONS FOR FINAL WAIVER
(A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
(B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
(C) If you have more than one contract on the same premises, describe the contract by number if
available, date and extent of work.
(D) Furnish an accurate enough description of the improvement and location of the premises so that
it can be distinguished from any other property.
(E) Amount shown should be the amount actually received and equal to total amount of contract as
adjusted.
(F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of
officer signing waiver should be set forth; if waiver is for a partnership, the partnership name
should be used, partner should sign and designate himself as partner.
Page 51 of 52
CAnIDII h
ATTACHMENT A
NOTICE OF FINAL ACCEPTANCE
TO:
Date:
RE: PROJECT: 35TH AVE. & O ST. ROUNDABOUT described in Bid No. B2100145.
This is to inform you that the above referenced job, has been satisfactorily completed in
accordance with the Contract
Documents and is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (1) year -guarantee
on all work and materials incorporated into this Project. Such guarantee shall be -gin on
the date of this acceptance.
By:
Cameron Parrott, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by:
Dated this day of
By
(Contractor)
Title
2022.
Page 52 of 52
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
35TH AVE & `O' ST ROUNDABOUT
PROJECT SPECIAL PROVISIONS
The Colorado Department of Transportation 2019 Standard Specifications for Road and
Bridge Construction controls construction of this project. The latest revisions to issued
Standard Special Provisions (SSP) that modify the Standard Specifications, the CDOT Field
Materials Manual and the CDOT Construction Manual are hereby incorporated by reference.
The following Project Special Provisions (PSP) supplement and/or modify the Standard
Specifications and take precedence over the Standard Specifications and Plans.
Section Date Page
Index of Project Special Provisions
November 2021
PSP1
Notice to Bidders
November 2021
PSP3
Commencement and Completion of Work
November 2021
PSP4
Revision of Section 101 — Definitions and Terms
November 2021
PSP5
Revision of Section 102 — Bidding Requirements and Conditions
November 2021
PSP6
Revision of Section 104 - Scope of Work
November 2021
PSP7
Revision of Section 105 — Control of Work
November 2021
PSP10
Revision of Section 106 — Control of Material
November 2021
PSP17
Revision of Section 107 — Legal Relations and Responsibility to Public
November 2021
PSP23
Revision of Section 108 — Prosecution and Progress
November 2021
PSP25
Revision of Section 109 — Measurement and Payment
November 2021
PSP28
Revision of Section 201 — Clearing and Grubbing
November 2021
PSP31
Revision of Section 202 — Removal of Structures and Obstructions
November 2021
PSP32
Revision of Section 203 — Excavation and Embankment
November 2021
PSP36
Revision of Section 206 — Excavation and Backfill for Structures
November 2021
PSP39
Revision of Section 207 — Topsoil
November 2021
PSP41
Revision of Section 208 — Erosion Control
November 2021
PSP49
Revision of Section 209 — Watering and Dust Palliatives
November 2021
PSP85
Revision of Section 210— Reset Structures
November 2021
PSP86
Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and
November 2021
PSP87
Sodding
Revision of Section 213 — Mulching
November 2021
PSP105
Revision of Section 216 — Soil Retention Covering
November 2021
PSP106
Revision of Section 304 and 703 — Aggregate Base Course
November 2021
PSP108
Revision of Section 306 — Reconditioning
November 2021
PSP110
Revision of Section 401 — Plan Mix Pavements — General
November 2021
PSP1 11
Revision of Section 403 — Hot Mix Asphalt
November 2021
PSP112
Revision of Section 412 and 705 — Portland Cement Concrete Pavement
November 2021
PSP116
Revision of Section 420 and 712 — Geosynthetics
November 2021
PSP123
Revision of Section 506 — Riprap
November 2021
PSP126
Revision of Section 601 - Structural Concrete
November 2021
PSP127
Revision of Section 602 — Reinforcing Steel
November 2021
PSP146
Revision of Section 603 — Culverts and Sewers
November 2021
PSP147
Revision of Section 604 — Manholes, Inlets, and Meter Vaults
November 2021
PSP148
Revision of Section 609 — Curb and Gutter
November 2021
PSP149
Revision of Section 612 — Delineators and Reflectors
November 2021
PSP150
Revision of Section 614 — Traffic Control Devices (Ground Signposts)
November 2021
PSP151
Revision of Section 620 — Field Facilities
November 2021
PSP153
Revision of Section 625 — Construction Surveying
November 2021
PSP155
Revision of Section 626 — Mobilization
November 2021
PSP157
PSP1
ATTACHMENT A
35th AVE & `O' ST ROUNDABOUT PROJECT November, 2021
2
INDEX OF
PROJECT SPECIAL PROVISIONS
Section Date Page
Revision of Section 630 — Construction Zone Traffic Control
November 2021
PSP158
Revision of Section 709 — Reinforcing Steel and Wire Rope
November 2021
PSP160
Force Account Items
November 2021
PSP161
Traffic Control Plan — General
November 2021
PSP162
Utilities Coordination
November 2021
PSP164
Irrigation Facilities Coordination
November 2021
PSP166
PSP2
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5
percent (5%) of the Contractor's total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review
the work site and plan details. Information regarding the project may be obtained from the following
authorized representatives.
Cameron Parrott, P.E. Senior Engineer Don Dunker, P.E. County Engineer
Weld County Public Works Department Weld County Public Works Department
1111 H Street 1111 H Street
Greeley, CO 80632 Greeley, CO 80632
Office Phone: 970-400-3745 Office Phone: 970-400-3749
Cell Phone: 970-397-1305 Cell Phone: 970-397-6288
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.
END OF SECTION
PSP3
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract as required in the "Notice to Proceed"
letter and will complete all work within 150 Calendar Days unless the period for completion is
extended otherwise by the County. In addition, the following work schedule conditions shall apply,
and the full amount of daily liquidated damages shall apply to all these conditions until the condition
is met.
• Full closure of all four legs of the existing intersection shall be limited to a period of no more
than 45 calendar days to complete tie-ins back to the existing roadways. Failure to comply
with this shall result in the assessment of liquidated damages in accordance to Section
108.09.
The Contractor's progress schedule may be a Bar Chart Schedule, shall be updated monthly, and
shall be provided to the County for review. Failure to submit a reasonable and current schedule as
required may result in the County withholding payment to the Contractor.
Salient features to be shown on the Contractor's progress schedule are:
(1) Mobilization
(2) Traffic Control
(3) Erosion Control
(4) Construction Surveying
(5) Clearing and Grubbing
(6) Removal of Existing Pavement
(7) Excavation and Embankment
(8) Installation of Drainage and Irrigation Items
(9) Aggregate Base Course
(10) Concrete Pavement
(11) Hot Mix Asphalt Pavement
(12) Seeding and Mulching
(13) Striping and Signing
END OF SECTION
PSP4
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the work required under
this contract shall consist of the "Colorado Department of Transportation, Standard Specifications
for Road and Bridge Construction" dated 2019.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to
have different meanings within the scope of this Contract. A summary of redefinitions follows:
Subsection 101.10: "COOT Resident Engineer" shall mean an employee designated as such by
the Weld County Public Works Department.
Subsection 101.28: "Department" shall mean the Weld County Public Works Department.
Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or
designated representative.
Subsection 101.36: Holidays recognized by Weld County are:
New Year's Day (Friday, December 31, 2021)
President's Day (Monday, February 21, 2022)
Memorial Day (Monday, May 30, 2022)
Independence Day (Monday, July 4, 2022)
* Colorado Day (Tuesday, July 5, 2022)
Labor Day (Monday, September 5, 2022)
Veterans Day (Friday, November 11, 2022)
Thanksgiving (Thursday, November 24, 2022)
* Martin Luther King Day (Friday, November 25, 2022)
Christmas (Friday, December 23, 2022)
* Columbus Day (Monday, December 26, 2022)
* These holidays are moved to allow more days off around larger holidays, dates
shown preside.
Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County
Public Works Department.
Subsection 101.51: "Project Engineer" shall mean an employee designated as such by the Weld
County Public Works Department.
Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works
Director or designated representative.
Subsection 101.65: Roadway Prism shall be defined as toe of slope to toe of slope.
Subsection 101.76: "State" shall mean Weld County.
END OF SECTION
PSP5
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Delete the first paragraph of the first sentence of Subsection 102.02 and replace with the
following:
The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com.
Delete the second paragraph of Subsection 102.02 and replace with:
"All bidders on the projects shall submit bids by the following method:
Bid Deliver' to Weld County:
Emailed bids are required. Bids may be emailed to: bidsa-weldgov.com. Emailed bids must
include the following statement on the email: "I hereby waive my right to a sealed bid". An email
confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and
should be less than 25MB in size. If bids are larger than 25 MB, please contact the Engineer.
Please call Purchasing at 970-336-7225 if there are any questions.
Subsection 10205 shall include the following:
Weld County does not warrant any CAD data. This information is not considered to be part of the
Contract and is provided to the Contractor as a courtesy. If the bidders use the CAD data in
preparing a proposal or planning and prosecuting the work, it is at their own risk, and bidders are
responsible for all conclusions, deductions, and inferences drawn from the CAD data. The CAD
data shall not be used in relation to any request for additional time or compensation.
After the proposals have been opened, the winning bidder may obtain electronic sets of plans and
special provisions (PDF, CAD files) at no cost. Subcontractors and suppliers may obtain plans from
the successful bidder.
END OF SECTION
PSP6
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Delete Subsection 104.02(a) and replace as follows:
It is the County's expectation to complete this project with no change orders resulting in additional
cost unless such change orders are initiated by the County. Change orders for differing site
conditions will be entertained by the County in the event of extraordinary circumstances. However,
the County is under no obligation to approve said change orders. No cost change orders, reduction
in cost change orders, and County initiated change orders may occur.
The Contractor shall not be entitled to a change order for Differing Site Conditions. By way of
example, Differing Site Conditions not eligible for a change order include but are not limited to:
1. Encountering groundwater.
2. Discovery of debris (buried or unburied within the ROW).
3. Existing asphalt thicknesses that are different than expected.
4. Lack of on -site appropriate strength materials.
5. Increased costs due to relocations of utilities and/or oil and gas facilities.
6. Increased costs due to ROW or easement acquisitions.
7. Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure.
8. Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells.
9. On -site soils not suitable for structural foundations or embankments.
10. Unsuitable materials excavation.
During the progress of work, if extraordinary conditions are discovered, the party discovering such
conditions shall promptly notify the other party in writing of the specific conditions before the site is
disturbed and the affected work is performed. The Contractor shall bear the burden of proving that
a Differing Site Condition is an extraordinary circumstance, and that the Contractor could not have
reasonably worked around the condition so as to avoid additional costs. Each request for a change
order relating to a differing site condition shall be accompanied by a statement signed by a qualified
professions setting forth all relevant assumptions made by the Contractor with respect to the
condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing
conditions are eligible for a change order under the terms of the Contract, and stating the efforts
undertaken by the Contractor to find alternative design or construction solutions to eliminate or
minimize the problem and the associated costs.
Upon written notifications, the Engineer will investigate the conditions, and determine if an
extraordinary condition exists that will cause an increase or decrease in the cost or time required for
the performance of any work under the Contract, an adjustment, excluding anticipated profits will be
made and the Contract modified in writing accordingly. The Engineer 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.
Subsection 104.02(c) shall be revised as follows:
(1) When the character of the work as altered differs materially in kind or nature from that involved
or included in the original proposed construction,
and
PSP7
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 104
SCOPE OF WORK
(2) When a major item of work is increased to more than 150 percent or decreased below 25
percent of the original contract quantity. Any allowance for an increase in quantity shall apply
only to that portion in excess of 150 percent of original contract item quantity, or in case of a
decrease below 25 percent, to the actual amount of work performed. A major item is defined to
be any item having an original contract value in excess of 10 percent of the original contract
amount.
Delete Subsection 104.05 and replace with the following:
The Contractor shall not excavate or remove any Material from within the roadway, which is not
within the grading limits, as indicated by the slope and grade lines, without authorization from the
Inspector.
Subsection 104.06 shall be revised to include the following:
Any excess soil materials generated from excavation shall become the property of the Contractor
and shall be hauled to a disposal site approved by the Engineer. Excess soil materials generated
from the project shall not be disposed of within the project area unless written authorization is
provided by the Engineer. Backfill areas shall be graded such that the final grades are similar to the
final grades as described in the Contract Drawings, unless otherwise directed by the Engineer.
The Contractor shall be responsible for removing all construction debris and trash from the jobsite
daily. Any construction debris and trash which may be washed away shall be located, removed, and
disposed of away from the site at a certified landfill location. Trash and debris shall be collected
and disposed of at no additional cost to the project.
Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of
immediately. The Contractor shall be held liable for any damages resulting from the spillage or
leakage of any hazardous materials within the project area.
Subsection 104.07 paragraph 5, starting with "Net cost savings..." shall be revised as
follows:
Net cost savings on VECPs shall be split equally between the Contractor and Weld County as
determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to
the start of construction activities relating to the VECP.
Subsection 104.07(d)(2) shall be deleted and replaced as follows:
2. For all VECPs, the incentive payment shall be calculated as follows:
(gross cost of deleted work) — (gross cost of added work) = (gross savings)
(gross savings) — (Contractor's eng. costs) — (County's eng. costs) = (net savings)
Contractor's total incentive = (net savings)/2
PSP8
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 104
SCOPE OF WORK
Lost opportunity shall not be considered part of the calculations. The Contractor's engineering
costs will be reimbursable only for outside consultant costs that are verified by certified billings.
Weld County's engineering costs shall be actual consultant costs billed to Weld County and
extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed
amount of $100.00 per hour per employee. Project personnel assigned to the field office or who
work on the project on a regular basis shall not be included in Weld County's portion of the costs.
END OF SECTION
PSP9
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for the project as follows:
Subsection 105.01 shall be revised to include the following:
Weld County has the authority by written order to suspend the Work wholly or in part for the
reasons delineated in the Contract Documents.
All employees shall have the skill and experience and any licenses or certifications required to
perform the Work assigned to them. If the County determines in its sole discretion that any Person
employed by the Contractor or by any Subcontractor is not performing the Work properly and
skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall
remove such Person and such Person shall not be re-employed on the Project without the prior
written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s)
or fails to furnish skilled and experienced personnel for the proper performance of the Work, then
the County may, in its sole discretion, suspend the affected portion of the Work by delivery of
written notice of such suspension to the Contractor. Such suspension shall in no way relieve the
Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a
Change Order.
Weld County in its sole discretion may require the Contractor to replace project management staff
(Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all
the Contractor's subcontractors. At the written request of the County, the Contractor or such
Subcontractor shall remove such Person and such Person shall not be re-employed on the Project
without the prior written approval of the County. If the Contractor or the Subcontractor fails to
remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of
the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall
in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the
Contractor to a Change Order.
Subsection 105.02 shall include the following paragraphs prior to Subsection 105.02(a):
Provisions regarding plans, shop drawings, working drawings and construction documents are set
forth in the Contract Documents.
For the purposes of review, working drawings are the same as shop drawings and shall be
reviewed in the same manner.
Subsection 105.02(f), paragraph 3 shall be revised to include the following:
The Contractor shall provide "As -Constructed" drawings prior to final payment. The As -Constructed
drawings shall be completed in accordance with Section 121.2.3 of the CDOT Construction Manual
and CDOT Procedural Directive 508.1 — Professional Engineer's Stamp. The As -Constructed
drawings shall be stamped, signed, and dated by a licensed professional engineer or professional
land surveyor registered in the State of Colorado. References in Section 121.2.3 of the CDOT
Construction Manual to the Project Engineer shall apply to the Contractor.
Delete Subsection 105.03, paragraph 5 and replace with the following:
PSP10
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 105
CONTROL OF WORK
When the Engineer or Inspector finds the Materials furnished, Work performed, or the finished
product are not in conformity with the Contract Documents, and Weld County determines, in its sole
discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be
removed and replaced or otherwise corrected by and at the expense of the Contractor.
Delete Subsection 105.03, paragraph 7 and replace with the following:
Materials will be sampled and tested by the Contractor in accordance with the sampling and testing
schedules and procedures contained in the Contract Documents. The quantity represented by five
consecutive random samples will constitute a lot whenever production schedules and material
continuity permit. The Engineer may establish a lot consisting of the quantity represented by any
number of consecutive random samples from one to seven inclusive when it is necessary to
represent short production runs, significant Material changes, or other unusual characteristics of the
Work. Tests that are determined to have sampling or testing errors will not be used.
The Contractor will not have the option of accepting a price reduction in lieu of producing Material
that complies with the Contract Documents. Continued production of nonconforming Material will
not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld
County without regard to sampling sequence or location within a lot. Rejected material shall be
removed at the Contractor's expense.
Subsection 105.03 the two paragraphs following the TABLE OF PRICE REDUCTION
FACTORS and starting with "If P is less ..." shall be deleted and replaced as follows:
If P is a negative number quantity, the material will be accepted as being in conformity. In cases
where one or more elements show a positive P value, such positive values will be added together,
and the resulting sum will be used to determine the total P value. If the total P value is between 0
(zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If
P is greater than 25, the Engineer may:
(1) require complete removal and replacement with specification material at no additional cost
to the Department;
(2) require corrective action to bring the material into conformity at no additional cost to the
Department; or
(3) where the finished product is found to be capable of performing the intended purpose and
the value of the finished product is not affected, permit the Contractor to leave the material
in place with an appropriate price reduction to be based on engineering evaluation but not to
be less than that which have occurred had a reduction been made where P=25.
If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is
0 (zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M)
listed in the following table:
PSP11
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
3
REVISION OF SECTION 105
CONTROL OF WORK
Multiplier for Price Reduction for Miscellaneous items
Item Number
Description
Element
Multiplier (M)
206
Structural Backfill
Gradation
4.0
304
Aggregate Base Course
Gradation
4.0
403
Hot Mix Asphalt
Hydrated Lime Gradation
4.0
Subsection 105.03(c) shall be added and shall include the following:
(c) Conformity to the contract of embankment construction shall be determined in accordance with
the following:
1. Process Control Plan. The Contractor shall be responsible for Process Control (PC) for all
embankment material on this project. The Contractor shall submit a written Process Control
Plan (PCP), including a methods statement, to the Engineer for acceptance. The PCP shall
include but not be limited to the following:
(1) Maximum lift thickness of eight inches in accordance with subsection 203.06 or as
directed.
(2) Compaction equipment capable of obtaining the specified compaction.
(3) Water trucks with an adequate distribution system that will apply water evenly.
(4) List of all inspection and materials testing forms and procedures utilized by the
Contractor.
(5) Adherence to Table 106-4 requiring minimum testing frequency.
The Contractor shall submit the PCP at least five working days prior to the start of the work.
The Engineer's review of the PCP will not exceed two working days. Work shall not begin
until the PCP has been accepted in writing, unless otherwise approved.
2. Documentation. The Contractor shall maintain current records of process control operation
activities, and tests performed. These records shall be in the form shown in the PCP, and
shall include as a minimum, the Contractor or subcontractor, the number of personnel
working, weather conditions, type of equipment being used, delays and their cause, and
deficiencies along with corrective action taken. Such records shall cover both conforming
and defective or deficient features. Additional documentation to the Engineer shall include
all daily test results, daily inspection reports, daily non-compliance reports, and monthly
certification reports. Copies of these records and a statement that work incorporated in the
project complies with the Contract shall be submitted to the Engineer prior to payment for
the work or upon request. Monthly certification reports shall be stamped with the seal of a
Professional Engineer registered in Colorado. Failure to provide the Engineer with the
necessary documentation will result in the suspension of payments on embankment until the
documentation has been completed and accepted by the Engineer. Weld County Owner
Acceptance (OA) documentation shall not be used as supporting documentation for the
Contractors certification.
PSP12
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
4
REVISION OF SECTION 105
CONTROL OF WORK
Weld County shall be responsible for OA and Independent Assurance Testing (IAT).
Table 105-5, "V" Factors and Incentive Payments — Flexural Strength Criteria shall be
replaced with the following:
Maximum
Lower
Element
V factor
Incentive
Tolerance
Plan Value
Payment
Limit, TL
Flexural
50 psi
0.00%
650 psi
650 psi
Sti-en th
Subsection 105.06 (f) will be used in determining low strength acceptance.
650 psi Flexural strength is the Lower Tolerance Limit. The Contractor shall, in the presence of the
Engineer, develop a correlation curve during the first week of concrete production and placement in
accordance with AASHTO T198 Splitting Tensile Strength of Cylindrical Concrete Specimens.
Specimens will be evaluated per CP65-19 method B.
Subsection 105.07(b)(1) shall be revised as follows:
Delete the last sentence of the twelfth paragraph and replace with the following: "Within 24 hours
after each profile is collected, the Contractor shall submit the data electronically to the Engineer and
Inspector."
Subsection 105.07(b)(2) shall be revised as follows:
This Project will have no monetary incentive/disincentive payment associated with HMA Pavement
Smoothness. However, the Contractor shall meet all requirements and conditions for Pavement
Smoothness Category II (CDOT Table 105-6).
Subsection 105.07(b)(2) shall be revised as follows:
This project will have no monetary incentive/disincentive payment associated with PCCP pavement
smoothness. However, the contractor shall meet all requirements and conditions for PCCP
smoothness category II (CDOT Tables 105-07).
Subsection 105.07(e) shall be revised as follows:
Delete paragraph 1 and replace with the following: The Department will analyze the SA testing for
acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b).
The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in
items 1-3 below. The Contractor shall provide a detailed method statement describing the
corrective actions to be taken for the corrective work. Corrective work shall not be performed until
the method statement has been approved in writing by the Engineer. The Contractor shall perform
corrective work in the areas indicated by the Department based on the SA testing.
PSP13
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
5
REVISION OF SECTION 105
CONTROL OF WORK
Subsection 105.08 shall be revised as follows:
The title heading for subsection 105.08 shall be:
105.08 Meetings
Include the following paragraphs:
The Contractor shall be responsible for providing agendas, attendance lists, and meeting minutes
for all meetings including but not limited to weekly progress meetings, pre -construction meetings,
pre -pour meetings, pre -pave meetings, pre -environmental meetings, etc. Sample meeting agendas
are provided in CDOT's Construction Manual. The sample meeting agendas shall be modified as
necessary to contain project specific information.
The Contractor shall provide copies of the meeting agendas to the Engineer a minimum of 24 hours
prior to the meeting for review. During the meeting, the Contractor shall lead the meeting and take
attendance and meeting minutes. Meeting minutes shall be generated by the Contractor and shall
be provided to the Engineer within 72 hours for review and acceptance.
Subsection 105.09 shall be revised as follows:
Delete subsection 105.09 and replace with the following:
These specifications, the supplemental specifications, the plans, special provisions, and all
supplementary documents are essential parts of the Contract, and a requirement occurring in one is
as binding as though occurring in all. They are intended to be complementary and to describe and
provide for a complete work.
In the event of a discrepancy, the order of precedence is as follows:
(a) Contract Documents including Exhibits, Addenda, and Appendices
(b) Special Provisions
i. Weld County Special Provisions
ii. CDOT Project Special Provisions
iii. CDOT Standard Special Provisions
iv. CDOT Field Materials Manual (Latest Edition)
v. CDOT Construction Manual (Latest Edition)
(c) CDOT Standard Specifications
(d) Plans
i. Detailed Project Plans
ii. M & S Standard Plans
iii. Calculated dimensions will govern over scaled dimensions
Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict
one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the
event of conflicting requirements involving any requirement within the Contract Documents, Project
Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its
sole discretion, which requirement(s) apply. The Contractor shall request the County's
PSP14
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
6
REVISION OF SECTION 105
CONTROL OF WORK
determination respecting the order of precedence among conflicting provisions promptly upon
becoming aware of any such conflict.
The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it
appear that the work to be done or any matter relative thereto is not sufficiently detailed or
explained in the Contract Documents, the Contractor shall immediately notify the Project Manager
in writing for further written explanations as may be necessary and shall conform to the explanation
provided. The Contractor shall promptly notify the Project Manager of all errors which it may
discover in the Contract Documents and shall obtain specific instructions in writing regarding any
such error before proceeding with the work affected thereby. The Project Manager will make
corrections and interpretations as necessary to fulfill the intent of the Contract.
The fact that the Contract Documents omit or mis-describe any details of any work which is
necessary to carry out the intent of the Contract Documents or that are customarily performed
under similar circumstances, shall not relieve the Contractor from performing such omitted work or
mis-described details of the work, and they shall be performed as if fully and correctly set forth and
described in the Contract Documents, without entitlement to a change order except as specifically
allowed.
Subsection 105.10 shall be amended to include the following after the first paragraph:
Failure to provide a full-time competent superintendent with the authorization to act for the
Contractor on the project shall result in a payment deduction as outlined in the Weld County
Revision to Section 108.09, Liquidated Damages Table. Furthermore, failure to provide a full-time
competent superintendent shall be grounds for suspension of the Project until such time as a full-
time competent superintendent is provided by the Contractor. The Engineer shall have the sole
discretion of determining when/if to assess the payment deduction. The payment deduction shall
be documented on a Form 105, Speed Memo.
Contract time will continue in the event of a work suspension caused by lack of furnishing a full-time
competent superintendent.
Subsection 105.22 shall be revised to include the following:
The Colorado Department of Transportation (CDOT) will not participate in the resolution process for
any claims filed by the Contractor. Weld County will be the responsible party to such claims.
Subsection 105.24 shall be amended as follows:
Delete all references to CDOT and replace with Weld County.
Delete the fourth paragraph and replace with the following:
Non -binding arbitration or litigation proceedings must commence within 180 -calendar days of the
Chief Engineer's decision, absent written agreement otherwise by both parties.
Delete the fifth paragraph and replace with the following:
PSP15
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
7
REVISION OF SECTION 105
CONTROL OF WORK
The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County
Court for Weld County.
Subsection 105.24(c) is amended as follows:
Delete "CDOT Audit Unit" and replace with "Weld County Board of Commissioners, 1150 O Street,
Greeley, Co. 80632"
Delete Subsection 105.24(f) and replace with the following:
If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo
litigation or non -binding arbitration to finally resolve the claim that the Contractor submitted to Weld
County. Such litigation or arbitration shall be strictly limited to those claims that were previously
submitted and decided in the contractual dispute and claims processes outlined herein. This does
not preclude the joining in one litigation or arbitration of multiple claims from the same project
provided that each claim has gone through the dispute and claim process specified in subsections
105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of
alternative dispute resolution.
Any offer made by the Contractor or the Department at any stage of the claims process, as set forth
in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence
408 and therefore inadmissible in any litigation or arbitration.
If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the
Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and
for Weld County, unless both parties agree to the use of arbitration.
If the Contractor selected non -binding arbitration, or if both parties subsequently agreed to merit
binding arbitration, arbitration shall be governed by the modified version of ARBITRATION
PROVIDER'S Construction Industry Arbitration Rules which follow. Pursuant to the modified
arbitration rules (R35 through R39), the arbitrators shall issue a decision with regard to entitlement
and a non -binding decision with regard to quantum. If either party disagrees with the decision on
quantum, the disagreeing party may seek a trial de novo in Weld County District Court with regard
to quantum only.
END OF SECTION
PSP16
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 106
CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01, paragraph 4 shall be deleted.
Subsection 106.03 shall include the following:
Testing of embankment construction shall conform to the following:
(a) The supervisor responsible for the direct supervision for the process control sampling and
testing shall be identified in the PCP and be qualified according to the requirements of CP-
10 (Note: this will require a PE or a NICET Level III certification).
(b) The technicians taking samples and performing tests must be qualified according to
requirements of CP 10 (Note: this will require WAQTC qualification).
The project verification sampling and testing procedures shown in the CDOT Field Materials
Manual under the Frequency Guide Schedule for Minimum Materials Sampling, Testing and
Inspection shall be used for the elements shown in Table 106-1.
TABLE 106-1
EXCAVATION AND EMBANKMENT TESTING SCHEDULE
Minimum Testing Frequency
Element
Minimum Testing Frequency
Contractor's Process Control
CDOT verification Testing
None Required
Soil Survey
See CDOT Field Materials
(Classification)
Manual for Frequency
1 per soil type
Moisture — Density Curve
1 per soil type
1 per 1,000 cubic yards
In -Place Density
1 per 2,000 cubic yards
or fraction thereof.
or fraction thereof.
I per 300 cubic yards
In -Place Density when within 100
1 per 500 cubic yards
or fraction thereof.
ft. of Bridge Approach(s). s .
or fraction thereof.
1 per 5,000 cubic yards
1 Point Check
1 per 10,000 cubic yards
or fraction thereof.
or fraction thereof.
Qualifications for testing and personnel are contained in Section 203, Chapter 200 of the CDOT
Field Materials Manual, CP-10, CP 13, CP 15, and CP 80, and the CDOT Inspectors Checklist.
Subsection 106.05 shall include the following:
This Project will utilize the following Revision of Section 106, Conformity to the Contract of Hot Mix
Asphalt (Less than 5000 tons), dated October 1, 2021.
OA sampling frequencies will follow Table 106-1 and Stratified Random Sampling Schedules.
Although Incentive / Disincentive payments will not be made to the Contractor for Hot Mix Asphalt,
the conformance to contract of the material and elements involved will be evaluated using the
(Asphalt 03') Quality Project Management program and Section 105.03.
Dispute of the OA acceptance test results in accordance with CP-17 will not be allowed unless
Check Testing in accordance with CP-1 3 has been successfully completed for the elements
PSP17
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 106
CONTROL OF MATERIAL
specified. The Contractor shall initiate, coordinate, and complete a successful Check Testing
Program with OA prior to hot mix asphalt placement.
Hot Mix Asphalt Mix Designs submitted shall have historical test data on Total Voids %, VMA % and
AC Content %. If none are available, Weld County may perform Verification for these elements on
first day of production or if other element test results indicate a conformance issue.
OA acceptance testing of the Mat Density element, will follow Table 106-1 note #1 using Asphalt
Core samples tested per CP 44 (7-19), Method B. A Compaction Test Section or Gauge
Correlation will not be required by Weld County. If PC performs gauge correlations, coring is the
responsibility of the Contractor as is the repair of the core holes.
Reduction in testing and sampling may be considered for specific testing elements or in whole if
tonnage warrants. This in no way relieves the Contractor of submitting and executing approved
construction method statements, quality control plans or placement of specification materials.
For this project, Contractor process control testing of hot mix asphalt is mandatory and shall
be accomplished every day that any HMA placement occurs on the jobsite. Process control testing
will include Table 106-1 as stated below.
106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix
Asphalt (Patching) and temporary pavement shall be tested in accordance with the following
program of process control testing and acceptance testing:
The Contract will specify whether process control testing by the Contractor is mandatory or
voluntary.
1. Process Control Testing.
a. Mandatory Process Control. When process control testing is mandatory the
Contractor shall be responsible for process control testing on all elements and at the
frequency listed in Table 106-1. Process control testing shall be performed at the
expense of the Contractor.
After completion of compaction, in -place density tests for process control shall be
taken at the frequency shown in Table 106-1. The results shall be reported in writing
to the Engineer daily. Daily plots of the test results with tonnage represented shall
be made on a chart convenient for viewing by the Engineer. All the testing
equipment used for in -place density testing shall conform to the requirements of
acceptance testing standards, except nuclear testing devices need not be calibrated
on the Department's calibration blocks.
For elements other than in -place density, results from process control tests need not
be plotted, or routinely reported to the Engineer. This does not relieve the Contractor
from the responsibility of performing such testing along with appropriate plant
monitoring as necessary to assure that produced material conforms to the applicable
specifications. Process control test data shall be made available to the Engineer
upon request.
PSP18
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 106
CONTROL OF MATERIAL
a. Voluntary Process Control. The Contractor may conduct process control testing.
Process control testing is not required but is recommended on the elements and at the
frequency listed in Table 106-1.
All the testing equipment used for in -place density testing shall conform to the
requirements of acceptance testing standards, except nuclear testing devices need not
be calibrated on the Department's calibration blocks.
2. Acceptance Testing. Acceptance testing is the responsibility of the Department. For
acceptance testing the Department will determine the locations where samples or
measurements are to be taken and as designated in Section 403. The maximum quantity of
material represented by each test result, the elements, the frequency of testing and the
minimum number of test results will be in accordance with Table 106-1. The location or time of
sampling will be based on the stratified random procedure as described in CP 75. Acceptance
sampling and testing procedures will be in accordance with the Schedule for Minimum Materials
Sampling, Testing, and Inspection in the Department's Field Materials Manual. Samples for
project acceptance testing shall be taken by the Contractor in accordance with the designated
method. The samples shall be taken in the presence of the Engineer. Where appropriate, the
Contractor shall reduce each sample to the size designated by the Engineer. The Contractor
may retain a split of each sample which cannot be included as part of the Contractor's process
control testing. Dispute of the acceptance test results in accordance with CP-17 will not be
allowed unless a provision for check testing has been included in the Contract and it has been
successfully completed. All materials being used are subject to inspection and testing at any
time prior to or during incorporation into the work.
PSP19
ATTACHMENT A
35th AVE & O' ST ROUNDABOUT PROJECT November, 2021
4
REVISION OF SECTION 106
CONTROL OF MATERIAL
Table 106-1
SCHEDULE FOR MINIMUM SAMPLING AND TESTING FOR HMA
Element
Process Control
Acceptance (1)
Asphalt Content
1/500 tons
1/1000 tons
Theoretical
1/1000 tons minimum
Maximum
1/day
1/1000 tons, minimum 1/day
Specific G.�ravit
Gradation (2)
1/Day
1/2000 tons
In -Place Density
1/500 tons
1/500 tons
Joint, Density
1 core/2500 linear feet
I core /5000 linear feet of joint
of joint
Aggregate
1/2000 tons or 1/Day if
Percent
less than 2000 tons
1 /2000 tons
Moisture' 3)
Percent Lime (3)
- (4)
1/Day
Not a 1cble
applicable
Notes:
(a) The minimum number of in -place density tests for acceptance will be 5.
(b) Process control tests for gradation are not required if less than 250 tons
are placed in a day. The minimum number of process control tests for
gradation shall be one test for each 1000 tons or fraction thereof.
(c) Not to be used for incentive/disincentive pay. Test according to CP-33
and report results from Form 106 or Form 565 on Form 6.
(d) Verified per Contractor's PC Plan.
3. Reference Conditions. Three reference conditions can exist determined by the Moving Quality
Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for
Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The
MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests I through 5, then
thereafter on the last five consecutive test results. The MQL will not be used to determine pay
factors. The three reference conditions and actions that will be taken are described as follows:
a. Condition green will exist for an element when an MQL of 90 or greater is reached, or
maintained, and the past five consecutive test results are within the specification limits.
b. Condition yellow will exist for all elements at the beginning of production or when a new
process is established because of changes in materials or the job -mix formula, following
an extended suspension of work, or when the MQL is less than 90 and equal to or
greater than 65. Once an element is at condition green, if the MQL falls below 90 or a
test result falls outside the specification limits, the condition will revert to yellow or red as
appropr ate.
PSP20
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
5
REVISION OF SECTION 106
CONTROL OF MATERIAL
c. Condition red will exist for any element when the MQL is less than 65. The Contractor
shall be notified immediately in writing and the process control sampling and testing
frequency increased to a minimum rate of 1/250 tons for that element. The process
control sampling and testing frequency shall remain at 1/250 tons until the process
control QL reaches or exceeds 78. If the QL for the next five process control tests is
below 65, production will be suspended.
If gradation is the element with MQL less than 65, the Department will test one randomly
selected sample in the first 1250 tons produced in condition red. If this test result is
outside the tolerance limits, production will be suspended. (This test result will not be
included as an acceptance test.)
After condition red exists, a new MQL will be started. Acceptance testing will stay at the
frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than
65, production will be suspended.
Production will remain suspended until the source of the problem is identified and
corrected. Each time production is suspended, corrective actions shall be proposed in
writing by the Contractor and approved in writing by the Engineer before production may
resume.
Upon resuming production, the process control sampling and testing frequency for the
elements causing the condition red shall remain at 1/250 tons. If the QL for the next five
process control tests is below 65, production will be suspended again. If gradation is the
element with MQL less than 65, the Department will test one randomly selected sample
in the first 1250 tons produced in condition red. If this test result is outside the tolerance
limits, production will be suspended.
Subsection 106.05 shall include the following:
Acceptance flexural strength specimens will be cast, cured then tested for flexural strength by
Contractor PC witnessed by the Engineer or an approved Weld County Representative. Test
results not witnessed by Weld County will not be accepted.
The Contractor shall, in the presence of the Engineer, develop a correlation curve during the first
week of concrete production and placement in accordance with AASHTO 1198 Splitting Tensile
Strength of Cylindrical Concrete Specimens. As stated in Subsection 105.06
Splitting Tensile Strength (AASHTO 1198) sampling and testing by Weld County is being used to
determine the validity of Splitting Tensile Strength as an acceptance criterion and not a ratio or
correlation to Flexural. Weld County OA will mold 6 — (6 x 12 inch) specimens for splitting tensile
strength to be tested (3) at 7 days and (3) at 28 days, at a minimum of 1 set per day of concrete
placement.
Subsection 106.11 shall be deleted
Add Subsection 106.14 Trade Names, Approved Equals, or Substitutes.
PSP21
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
6
REVISION OF SECTION 106
CONTROL OF MATERIAL
To establish a basis of quality, certain processes, types of machinery and equipment, or kinds of
materials may be specified either by description or process or by designating a manufacturer by
name and referring to that brand or product designation or by specifying a kind of material. It is
not the intent of the specifications to exclude other processes, equipment or materials of equal
value, utility, or merit.
Whenever a process is designated, or a manufacturer's name, brand or item designation is given,
or whenever a process or material covered by patent is designated or described, it shall be
understood that the words "or approved equal" follow such name, designation, or description,
whether in fact they do so or not. In order to be considered an "approved equal" the item shall
meet or exceed the specifications for the designated item specifications in all categories.
If it is desirable to furnish items of equipment by manufacturers other than those specified as a
substitute after the Contract is executed, the Contractor shall secure approval prior to placing a
purchase order or furnishing the same.
If the proposal includes a list of equipment, materials, or articles for which the Contractor must
name the manufacturer at the time of submission of the bid, no substitutions therefore will be
permitted after a proposal has been accepted without the express consent of the Owner.
END OF SECTION
PSP22
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Section 107 of the Standard Specifications is hereby revised for the project as follows:
Subsection 107.06 shall be revised to include the following:
The Contractor and any subcontractor shall not require any laborer or mechanic employed in
performance of the Contract to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health or safety, as determined under construction
safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health
Act of 1970 (OSHA) and as amended).
All facilities and work conditions shall comply with the Colorado and Local Health Department
Regulations and with OSHA requirements.
Subsection 107.15(b) shall be revised to include the following:
The insurance certificates shall name "Weld County, Colorado, its officers, and employees" as
additionally insured parties. Depending upon the funding source, it may be necessary to include
additional insured parties.
Subsection 107.17 — Delete the fifth paragraph beginning with "Loss, injury, or damage to
the work..." and replace with the following:
Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without
fault or negligence of the Contractor, including but not restricted to acts of God, such as flood,
earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the
Contractor at no cost to the County.
Subsection 107.19 shall be revised to include the following:
The Contractor shall be required to obtain permission to conduct any work, store materials or
stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall
conduct their work within the right-of-way and easement boundaries shown on the Contract
Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit
from the Public Works Right -of -Way Permitting Technician, 970-304-6496.
Subsection 107.25 shall be revised to include the following prior to the first sentence:
The requirements as called out in this subsection will be strictly enforced.
If the area of disturbance for the project is less than one acre, Subsection 107.25(b)(6),
paragraph two shall be deleted and replaced with the following:
The Contractor shall record the location of potential pollutants on the plans. Descriptions of the
potential pollutants shall be submitted for approval.
If the area of disturbance for the project is less than one acre, Subsection 107.25 (c) shall be
deleted and replaced with the following:
PSP23
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is required for
this project.
The Engineer will coordinate with Contractor as necessary prior to initiating partial or final
acceptance of the stormwater construction work, including soil conditioning and seeding for
permanent stabilization. Unsatisfactory and incomplete erosion control work will be identified in this
walkthrough and will be summarized by the Engineer in a punch list.
If the area of disturbance for the project is greater than one acre, Subsection 107.25(c), paragraph
one shall be deleted and replaced with the following:
The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be
obtained by the Contractor. The Contractor and Weld County will be co-permittees. The Contractor
shall coordinate with Weld County to become the Operator permittee of the respective permit upon
award of the Contract. The Contractor shall provide a copy of permit certification as the Operator to
the Engineer prior to or at the Pre -construction Conference. No work shall begin until the CDPS-
SCP permit with Owner and Operator has been approved by CDPHE. A copy of the permit shall be
placed in the project SWMP. The Contractor shall be responsible for complying with the applicable
requirements of this permit. Per 107.25(d)(2), should any fines be levied by CDPHE, the
Contractor shall be responsible for all such fines. The Contractor shall provide an Erosion Control
Supervisor (ECS) for this project.
END OF SECTION
PSP24
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete the sixth paragraph of Subsection 108.01.
Delete Subsection 108.02 and replace with the following:
The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice
to Proceed will stipulate the date on which contract time commences. When the Contractor
proceeds with work prior to that date, contract time will commence on the date work actually begins.
The Contractor shall commence work under the Contract on or prior to the 10th day following the
issuance of the Notice to Proceed.
Subsection 108.03(b) shall include the following after the first paragraph:
The Initial Schedule shall be submitted at least 10 working days prior to the start of the work. Work
shall not begin until the Schedule is accepted in writing, unless otherwise approved by the
Engineer.
Subsection 108.03 shall include the following after 108.03(i):
(j) Method Statements. A Method Statement shall be prepared for the controlling activities in the
CPM, salient features listed in the Commencement and Completion of Work special provision,
or as directed by the Engineer. The Method Statement shall include any additional activity or
feature that the Engineer considers to be a controlling factor for timely completion. The Method
Statement shall be a detailed narrative describing each activity or feature and all work
necessary to complete it. The Contractor shall include the following information in the Methods
Statement:
(1) Feature name;
(2) Who is responsibility for the feature work (Contractor, subcontractor, supplier, utility,
etc.);
(3) A detailed description of the planned work procedures. The procedures to be used shall
include information such as forming, excavation, pouring, heating and curing, backfill
and embankment, trenching, protecting the work, etc. When separate or different
procedures are to be employed due to seasonal or project phasing requirements, such
differing procedures shall be described in the statement;
(4) The planned quantity of work per day for each feature using the same units of measure
as the applicable pay item;
(5) The anticipated labor force required by labor type;
(6) The number, types, and capacities of equipment planned for the work; and
(7) The planned time for the work including the number of workdays per week, number of
shifts per day, and the number of hours per shift.
PSP25
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
At the Engineer's discretion, the Contractor shall update the Method Statement or any part thereof
and resubmit it to the Engineer for review and approval.
Delete the second paragraph starting with "The Contractor shall not carry -on
construction..." in subsection 108.08 and replace with the following:
The Contractor shall not conduct construction operations on Saturdays, Sundays, or holidays
unless previously arranged and approved by the Project Manager and Inspector Supervisor. The
Contractor shall not perform construction operations on any three or four -day holiday weekend
without prior written approval. Requests for weekend construction operations shall be presented in
writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to
the weekend in which the work will be performed. Written requests received after the deadline will
be reviewed on a case -by -case basis. The Project Manager and Inspector Supervisor are not
required to provide written approval for weekend inspectable construction operations requests.
In the event, the weekend construction operations involve inspectable work (operations requiring a
construction inspector), the Contractor shall provide a credit on the next pay application to the
County. The amount credited shall be $400.00 for the first four hours (four hour minimum) and
$100.00 per hour thereafter for each Inspector or Engineer required to perform inspections on the
inspectable work.
Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend.
Construction operations may resume after the holiday weekend has passed. The Contractor shall
only make emergency repairs and provide proper protection of the work and the traveling public on
the holiday weekend days.
Delete subsection 108.08(a)(2), and replace with the following:
Calendar Day Contract. When the work is on a calendar day basis, one calendar day of
contract time will be assessed for each calendar day from the date that Contract time starts.
Calendar Day Contracts have been adjusted prior to bid advertisement to account for no work
on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate
number of days. As stated in subsection 108.08, no inspectable construction operations shall
occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No
weather days or less than full time charges days will be granted in this contract, unless
otherwise approved by the project engineer.
Delete subsection 108.08(b), and replace with the following:
When the Contract specifies a completion date, all work under the Contract shall be completed on
or before the date specified. As stated in subsection 108.08, no inspectable construction
operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been
granted. No extension of the completion date will be allowed for inclement weather, foreseeable
causes, or conditions under the control of the Contractor. If all work under the Contract is not
completed on or before the specified completion date, contract time will be assessed for each
additional calendar day in accordance with subsection 108.8(a)(2) and liquidated damages will be
assessed to the Contractor per day, per the table in subsection 108.09 until the completion of the
project. Completion Date Contracts have been adjusted prior to bid advertisement to account for
PSP26
ATTACHMENT A
35th AVE & O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of
days. No weather days shall be given, unless approved otherwise by the project engineer.
Subsection 108.09 shall include the following after the first paragraph:
Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all required
paperwork required to close out the project within 20 days. Failure to provide the required
paperwork will result in the assessment of liquidated damages as outlined below.
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount ()
Liquidated Damages per Calendar Day ($)
From More
Than
To and
Including
0
500,000
800
500,000
1,000,000
1,600
1,000,000
2,000,000
2,500
2,000,000
5,000,000
4,300
5,000,000
10,000,000
7,800
10,000,000
----------------
10,700 plus 400 Per Each Additional 1,000,000
Contract Amount or Part Thereof Over 10,000,000
END OF SECTION
PSP27
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for the project as follows:
In subsection 109.01 add the following paragraph after the 17th paragraph:
All materials (304 - Class 6 Base Course, 403 HMA, etc.) delivered to the project site that have
been weighed by a certified scale, will be issued tickets by the source certified weigh master.
These tickets will be collected and compiled by a representative of the Contractor at the project's
placement site. The Engineer or Inspector shall have access to all tickets for inspection during
placement. The Contractor will submit, in an envelope, within 48 hours of material placement, the
following:
-Truck Tare List
-Original Scale Tickets
-Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative
Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation
sheet submitted by the contractor. Contractor will be made aware of any discrepancy immediately
by the inspector.
Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For
material quantity submittals beyond this 48 hours, a price reduction on the material in question will
occur as follows:
less than 24 hours
2%
25-48 hours
5%
48 hours to 72 hours
25%
Greater than 72 hours
100%
In Subsection 109.01 after the last paragraph add the following:
The following work will not be measured and paid for separately but shall be included in applicable
unit prices for which the work is required. The list below is not all-inclusive and there may be other
items which are considered incidental to the project:
1. Earthwork requiring more than one handling
2. New materials (if required) for resetting fences
3. Fine grading
4. Soil conditioner
5. Fertilizer
6. Staging areas
7. Additional temporary construction easements if desired by the Contractor
8. Coordination with utility companies
PSP28
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
9. All water
Subsection 109.06(a) — Delete the second sentence beginning with "The amount
retained......", and replace with the following:
The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the
contract amount. No retainage shall be released prior to Final Acceptance.
Delete subsection 109.06(e) and replace with the following:
(e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has
been satisfactorily completed within seven calendar days after receiving payment for that work
from the Local Public Agency (LPA). For the purpose of this section only, work shall be
considered satisfactorily complete when the LPA has made payment for the work. The
Contractor shall include in all subcontracts a provision that this requirement for prompt payment
to subcontractors and suppliers must be included in all subcontracts at every tier. The
Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If
the Contractor or its subcontractors fail to comply with this provision, the Engineer will not
authorize further progress payment for work performed directly by the Contractor or the
noncompliant subcontractor until the required payments have been made. The Engineer will
continue to authorize progress payments for work performed by compliant subcontractors.
Delete subsection 109.06(f)5 and replace with the following:
5. In determining whether satisfactory completion has been achieved, the Contractor may require
the subcontractor to provide documentation such as certifications and releases, showing that all
laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved
in the subcontractor's work have been paid in full. The Contractor may also require any
documentation from the subcontractor that is required by the subcontract or by the Contract
between the Contractor and the LPA or by law such as affidavits of wages paid, material
acceptance certifications and releases from applicable governmental agencies to the extent that
they relate to the subcontractor's work.
Delete subsection 109.06(f)8 and replace with the following:
8. If additional quantities of a particular item of work are required after final measurement has been
made, the Contractor shall perform this work in accordance with Contract requirements and at
unit bid prices.
For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is
when all tasks called for in the subcontract as amended by changes directed by the Engineer
have been accomplished and documented as required by the LPA.
The requirements stated above do not apply to retainage withheld by the LPA from monies
earned by the Contractor. The LPA will continue to process the release of that retainage based
upon the completion date of the project as defined in the Commencement and Completion of
Work special provision.
PSP29
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Delete subsection 109.06(f)9 and replace with the following:
9. If during the prosecution of the project a portion of the work is partially accepted in accordance
with subsection 105.21 (a), the Contractor shall release all subcontractors' retainage on the
portion of the partially accepted work performed by subcontractors. Prior to the LPA releasing
the Contractor's retainage on work that has been partially accepted in accordance with
subsection 105.21(a), the Contractor shall submit to the Engineer a certified statement for each
subcontractor that has participated in the partially accepted work. The statement shall certify
that the subcontractor has been paid in full for its portion of the partially accepted work including
release of the subcontractor's retainage. The statement shall include the signature of a legally
responsible official for the Contractor, and the signature of a legally responsible official for the
subcontractor.
Delete subsection 109.06(g) and replace with the following:
(g) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a
subcontractor's progress payment, the Contractor shall notify the LPA and the subcontractor in
writing within seven calendar days after receiving payment from the LPA. The notification shall
specify the amount being withheld and provide adequate justification for withholding the
payment. The notice shall also clearly state what conditions the subcontractor must meet to
receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor
to make timely submission of required paperwork.
Delete subsection 109.06(h) and replace with the following:
(h) For Weld County Projects not funded by CDOT, the Contractor shall submit the Form 1418,
Monthly Payment Report, along with the project schedule updates, in accordance with
subsections 108.03 (b) or 108.03 (c)(3). Failure to submit a complete and accurate Form 1418
shall be grounds for Weld County to withhold subsequent payments or retainage to the
Contractor.
In Subsection 109.07 — Delete and replace with the following:
Partial monthly payments to the Contractor for completed work will include payment only for
materials incorporated into the work unless otherwise approved by the Engineer.
END OF SECTION
PSP30
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.02 shall be revised to include the following:
This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other
vegetation or organics that interferes with the work.
This work shall include removal and disposal of all minor items for which there is no specific
"removal bid item", including but not limited to wooden posts, metal posts, fence posts, concrete,
and metal drainage items. Also included in this bid item is the removal of the following items:
This work shall include removal of:
1. All trash, glass, cans, barrels, construction materials, and any other non -organic materials that
interferes with the work.
2. All foundations, pavements, utility poles, fences, underground utilities, and other deleterious
materials.
3. Sediment from existing pipes.
4. Gravel from access roads.
5. Trees smaller than 6" diameter at breast height. Trees and shrubs designated to be removed
shall include the entire root ball and all roots larger than 1/2" diameter.
Subsection 201.04 shall be revised to include the following:
Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary
to this bid item.
Removal of delineators shall be included as part of the work and will not be paid for separately.
END OF SECTION
PSP31
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 202.09, and replace it with the following:
This work includes saw -cutting, removal, and disposal of existing asphalt mat within the project
limits as shown on the plans or at locations directed by the Engineer.
The existing asphalt mat varies in thickness. Existing thickness varies from 6" to 10" reported in the
project Geotechnical Report. Contractor shall remove asphalt mat in a manner which minimizes
contamination of the removed asphalt with the underlying material. The removed asphalt mat shall
become the property of the Contractor and shall be either disposed of outside the project site, or
used in one or more of the following ways:
(1) Used in embankment construction in accordance with subsection 203.06.
(2) Placed in bottom of fills as approved by the Engineer.
(3) Placed in the sub -grade soft spots as directed by the Engineer.
The Contractor shall not commence planing operations until the hot mix asphalt (HMA) Mix Design
(CDOT Form 43) has been approved and signed. Prior to beginning planing operations, the
Contractor shall submit a planing plan and a Process Control Plan (PCP) for approval by the
Engineer.
The planing plan shall include at a minimum:
1. The number, types and sizes of planers to be used.
2. The width and location of each planing pass.
3. The number and types of brooms to be used and their locations with respect to the planers.
The Contractor shall have at least one backup broom on the project at all times in case one
of the operating brooms breaks down.
4. The proposed method for planing and wedging around existing structures such as
manholes, valve boxes and inlets.
5. The longitudinal and transverse typical sections for tie-ins at the end of the day.
6. If requested by the Engineer, a plan sheet showing the milling passes.
The PCP shall include as a minimum:
1. The schedule for replacing the cutting teeth.
2. The daily preventive maintenance schedule and checklist.
3. Proposed use of automatic grade controls.
PSP32
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
2
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
4. The surface testing schedule for smoothness.
5. The process for filling distressed areas.
6. The schedule for testing macrotexture of the milled surface.
7. Corrective procedures if the milled surface does not meet the minimum macrotexture
specification.
8. Corrective procedures if the milled surface does not meet the minimum transverse or
longitudinal surface finish when measured with a 10 -foot straightedge.
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 % inch from a 10 -foot
straightedge. A 10 -foot straightedge shall be supplied by the Contractor. All milled surfaces shall
be swept with a pick-up broom, unless otherwise specified, before being opened to traffic. A
sufficient number of brooms shall be used immediately after planing to remove all milled material
remaining in the roadway. If the Contractor fails to adequately clean the roadway, work shall cease
until the Engineer has approved the Contractor's revised written proposal to adequately clean the
roadway.
The milled surface shall have a macrotexture equal to or less than 0.170 inches for single -lift
overlays and 0.215 inches for multiple -lift overlays as tested in accordance with CP 77. Milled
surfaces that do not meet these criteria shall require corrective action in accordance with the PCP.
The Contractor shall be responsible for testing the macrotexture of the milled surface at the location
directed by the Engineer in accordance with CP 77 at a stratified random frequency of one test per
10,000 square yards or a minimum of once per workday.
At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be
tapered. No transverse vertical edges will be allowed. Longitudinal milled surface tie-ins to existing
pavement shall be tapered to not less than a 3:1 slope, transverse milled surface tie-ins to existing
pavement shall be tapered to not less than a 50:1 slope. 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 commencement of
resurfacing. All work associated with this joint will not be paid for separately but shall be included in
the cost of planing.
PSP33
ATTACHMENT A
35th AVE & `O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
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.
Distressed or irregular areas identified in the planed surface by the Engineer shall be patched.
The roadway shall be left in a safe and usable condition at the end of each work day. The
Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold
water. All required pavement markings removed by the planing shall be restored before the
roadway is opened to traffic.
All planing shall be completed full width and parallel to the travel lanes before resurfacing
commences unless otherwise directed by the Engineer.
All material generated by the planing operation shall become the property of the Contractor unless
otherwise noted in the Contract.
Each planer shall conform to the following:
1. The planer shall have sufficient power, traction and stability to maintain an accurate depth of
cut.
2. The propulsion and guidance system of the planer shall be maintained in such condition that
the planer may be operated to straight and true lines.
3. Operation with broken or missing teeth will not be allowed. Worn teeth shall be replaced if
the planer does not produce a uniform surface.
4. The planer shall be capable of operating with automatic grade controls (contact or non -
contact) on both sides of the machine using a 30 -foot averaging system or other approved
grade control systems. The use of such controls shall be described in the Contractor's PCP.
5. The planer shall be capable of picking up the removed material in a single operation. A self -
loading conveyor shall be an integral part of the planer. Windrows will not be allowed.
6. All material generated by the planing operation shall become the property of the Contractor
unless otherwise noted in the Contract.
Subsection 202.09 shall be revised to include the following:
Removal of Delineator will be measured by the number of delineators removed and accepted.
Removal of ground sign will be measured by the number of signs removed and accepted. The
entire post and base shall be removed.
Section 202.11 shall be revised as follows:
The removal of the existing asphalt mat will be measured by the square yard of mat removed to the
PSP34
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
4
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
required depth and accepted.
The plan quantities do not include the reuse of the existing asphalt mat (millings) as described in
methods 1 and 2. If the Contractor chooses methods 1 or 2, no adjustments to the embankment
quantities will be made.
Subsection 202.12 shall be revised to include the following:
Macrotexture testing, macrotexture corrective actions, planers, brooms and all other work
necessary to complete the item will not be measured and paid for separately but shall be included
in the work.
Lighting required for nighttime operations will not be measured and paid for separately but shall be
included in the work.
Payment will be made under:
Pay Item Unit
Removal of Structure
Removal of Pipe
Removal of Delineator
Removal of Asphalt Mat (Planing)
Removal of Ground Sign
Removal of Ditch
Each
Linear Feet
Each
Square Yard
Each
Linear Feet
END OF SECTION
PSP35
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
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 be revised to include the following:
Imported material used for backfilling pipes shall be tested for compatibility with the selected pipe
material.
When Concrete Pipe is used, the imported material shall be tested for sulfates and PH to ensure
that it is compatible with the selected pipe material.
When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe, or Precoated Corrugated
Steel Pipe is used, the imported materials shall be tested for sulfates, chlorides, pH, and resistivity.
When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the
imported material shall be tested for pH and resistivity.
When Plastic Pipe is selected, the imported material does not need to be tested for sulfates,
chlorides, pH, and resistivity.
Sulfates, chlorides, pH, and resistivity shall be determined by the following procedures:
1. Water soluble sulfates using CP-L2103 Method B.
2. Chlorides using CPL 2104.
3. Resistivity using ASTM G57
4. pH using ASTM G51.
Delete Subsection 203.02(a) and replace with the following:
(a) Unclassified Excavation: Unclassified excavation shall consist of the excavation of all
materials of whatever character required for the work, including surface boulders and
excavation for ditches and channels that is not removed under some other item. Any
excess soil materials generated from excavation shall become the property of the Contractor
and shall be hauled out of the project site and disposed of at a disposal site approved by the
Weld County Inspector.
Delete Subsection 203.02(c) and replace with the following:
(c) Removal of Unsuitable Material. The removal of unsuitable material shall only be completed
as directed by the County and shall be considered muck excavation. Embankment material
containing significantly more than optimum moisture that would become stable if dried shall
not be considered unsuitable material. The replacement material for areas of muck
excavation shall meet the requirements of Embankment with a minimum R -value as
determined by the Engineer, Asphalt Pavement Millings, Aggregate Base Course (Class 6),
and/or Geotextile (Reinforcement).
PSP36
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Subsection 203.03 replace all reference to CDOT's lab with Weld County Lab.
Section 203.03 shall be revised as follows:
All embankment material shall consist of material that has been obtained from required excavation
or from an approved source. Any embankment material shall have a minimum R -value of 40. The
Contractor shall not obtain embankment material, other than that developed from suitable materials
excavated on site, or from an approved borrow source without written approval of the Project
Inspector or Engineer. Imported embankment from an approved borrow source which is being
delivered to the jobsite shall be field verified by the Project Inspector during the delivery process.
In Subsection 203.06 delete the 4th paragraph and replace with the following:
The cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 8
inches or as specified in the contract, the moisture content increased or decreased as necessary,
and compacted to the specified embankment density for the material type present.
In subsection 203.07 add the following:
It is anticipated that the majority of soil excavated on this project will be placed within the roadway
prism or hauled off -site. However, the Project Inspector has the authority to order that certain
material be placed within the embankment side slopes. Unsuitable excavation materials produced
from muck excavation and pipe installation shall not be used for embankment and shall be hauled
off the jobsite. Topsoil which has been stripped and stockpiled shall be placed on the top of
embankment slopes.
In subsection 203.07(a), paragraph 2, add the following:
A Sheepsfoot compactor shall not be used on A-1 material containing less than 30% retained on
the S/4 -inch sieve. Based on the Western Alliance for Quality Transportation Construction (WAQTC)
inspection guidelines, the appropriate equipment to use on granular soils such as an A-1 soil, a
steel vibratory roller or pneumatic rubber -tired roller. Sheepsfoot rollers are appropriate for
materials composed of cohesive soils and clay rich non -durable bedrock.
In subsection 203.08 Proof -rolling, delete the third paragraph and replace with the following:
The proof roller shall be operated in a systematic manner so that a record may be readily kept of
the area tested and the working time required for the testing. Repair to the satisfaction of Engineer,
areas that are observed to have soft spots in the subgrade or where deflection is not uniform or is
deemed excessive as determined by the Engineer. The repair may involve muck excavation,
geogrid reinforcement, replacement of excavated materials, or other methods as directed by the
Engineer. After replacement and re -compaction, these areas may be proof rolled again if deemed
necessary by the Engineer. The surface shall be maintained in a smooth condition, free from
undulations and ruts, until other work is placed thereon, or the work is accepted.
After the subgrade has been stabilized, the Contractor shall perform proof rolling in accordance with
subsection 203.08. Final proof rolling will take place a maximum of two days (48 hours) after all
mechanical stabilization or unbound aggregate work has been completed, unless otherwise
PSP37
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
approved by the Engineer. Final proof rolling will take place a minimum of two days after all lime or
other chemical stabilization work has been completed, unless otherwise approved by the Engineer.
Add the following paragraph as subsection 203.08(a) Finishing:
The finished surface shall be smooth and uniform conforming to the typical sections. Variation from
the stabilized subgrade plan elevations shall not exceed. 0.04 feet. All irregularities, depressions,
or weak spots, which develop, shall be corrected at the Contractor's expense. The surface shall be
maintained in a smooth condition, free from undulations and ruts until other work is placed thereon
or the work is accepted. No separate payment will be made for areas of unsuitable material
excavation, geogrid reinforcement, or replacement of excavated materials.
Subsection 203.11 shall be revised to include the following:
The disposal of unsuitable material and replacement of embankment will not be measured and paid
for separately but shall be included in the work.
The quantities for Embankment (Complete in Place) will not be measured, but will be the quantity
designated in the Contract, unless field changes are ordered. If field changes are ordered, the
quantities will be calculated using the revised dimensions and the additional volume of material
shall be approved in writing by the Project Inspector prior to beginning the work. No allowances
shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any
other losses.
The Contractor's Process Control efforts will not be measured and paid for separately but shall be
included in the work.
Subsection 203.12 shall be revised to include the following:
Payment for Unclassified Excavation (Complete in Place) and Borrow (Complete in Place)(R=40
Min.) shall be full compensation for all work necessary to complete the earthwork to the lines and
grades in the Plans. This includes scarification, wetting and drying of soils to obtain optimum
moisture content, compaction, testing, and hauling and disposal of excess or unsuitable materials
off the jobsite.
Payment will be made under:
Pay Item Pay Unit
Unclassified Excavation (Complete in Place) Cubic Yard
Unsuitable Material (Contingency)
Cubic Yard
Borrow (Complete in Place)(R=40 Min.)
Cubic Yard
Proof Rolling
Hour
Backhoe
Hour
Utility Potholing
Hour
Sweeping (With Pickup Broom)
Hour
END OF SECTION
PSP38
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR STRUCTURES
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Section 206.01 shall include the following:
Structure excavation, structure backfill, filter material and bedding material required for all pipes,
culverts and pipe culvert extensions, inlets, storm sewer pipes, manholes and other drainage
structures, will not be paid for separately but shall be included in the work. Compaction, water,
pumping, bailing, draining, de -watering, sheeting, bracing and all other work necessary to complete
the above items will not be measured and paid for separately, but shall be included in the work.
Delete Subsection 206.02(a)(2) and replace with the following:
Structure Backfill (Flow -Fill) (1,000 psi Weld County Mix) shall be a self -leveling concrete material
with the following specifications:
1. Slump of 7 to 10 inches when tested in accordance with ASTM C143.
2. Compressive strength F'C = 1,000 psi at 28 days when tested in accordance with ASTM
D4832.
3. Weight of a minimum of 329 pounds ASTM 150 Type I -II.
4. Coarse aggregates when tested in accordance with ASTM-33 shall be a minimum of 1,000
pounds
5. Fine Aggregate when tested in accordance with ASTM-33 shall be a minimum of 2,000
pounds.
6. Air Entraining Agent (Sika Air) shall be a minimum of 1.0 ounces per cubic yard when
measured in accordance with ASTM C260
7. Water shall be a minimum of 150 pounds
8. Flash fill shall not be used in lieu of Flow Fill unless approved by the Engineer.
The Contractor shall submit a Structure Backfill (Flow -Fill) mix design for approval prior to
placement. The mix design shall include the following laboratory test data:
1. ASTM C321, Air Content
2. ASTM 06023, Unit Weight
3. ASTM C143, Slump or ASTM 06103, Flow Consistency
4. ASTM D4832, 28 -day Compressive Strength
The Contractor shall submit a Process Control (PC) Plan with the mix design to the Engineer. The
PC Plan shall address batching, mixing, testing, and placement of the Structure Backfill (Flow -Fill).
PSP39
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR STRUCTURES
Delete Subsection 206.03, paragraph 3 and replace with the following:
Rock, hardpan, or other unyielding material encountered in trenches for culvert pipe or conduit shall
be removed below the designed grade for a minimum of 12 inches. This extra depth excavation
shall be backfilled with loose Structure Backfill (Class 1) or other approved material. The subgrade
beneath any structural element shall be scarified to the depth specified in Section 203.07 of the
Specifications or as directed by the Engineer. The type of compaction shall be the same as that
required for Structure Backfill (Class 2), as specified below.
Subsection 206.07 shall include the following:
Pay Item Pay Unit
Structure Backfill (Flow-Fill)(1,000 psi Weld County Mix) Cubic Yard
Excavate and replace within same working day the structural excavation and structural backfill that
is located below retaining walls.
Excavations shall not be left open for extended periods of time. Excavations left open overnight
shall be surrounded by orange construction safety fence.
Subsection 206.08 shall include the following:
Pipes located in traffic areas shall be excavated and backfilled within the same working day or
covered with traffic rated steel plates during non -working hours.
Subsection 206.09 shall include the following:
Excavations shall not be left open for extended periods of time. Excavations left overnight in non -
traffic areas for any reason shall be surrounded by orange plastic construction safety fence. Safety
fence used for such purpose will not be measured for payment and shall be included in the work.
Flow -fill mix design shall be submitted to the County for approval prior to any material being
delivered to the jobsite. Flow -fill shall be "County Mix" with a compressive strength of at least 1,000
psi. Flow -fill pay quantities will be determined from load tickets and paid for utilizing the flow -fill bid
item.
END OF SECTION
PSP40
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 207
TOPSOIL
Section 207 of the Standard Specifications is hereby deleted for this project and replaced with the
following:
DESCRIPTION
207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and
preparing the subsoils for the placement of the topsoil at locations shown on the plans. It also
includes creating seeding media by amending subsoils, and/or importing offsite topsoil when shown
on the plans.
Substitutions from this specification will not be allowed unless submitted in writing to the Engineer
and approved by the Engineer.
The topsoil material shall be generally evenly distributed throughout the project limits. Any excess
topsoil generated from this project shall become the property of the Contractor and shall be hauled
off the Project.
MATERIALS
207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans.
Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts,
as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists.
Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material,
which would be detrimental to growing native vegetation. All required amendments shall be
thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212.
Organic amendments shall meet the requirements in the Weld County Revision to Section 212 and
the following:
1. An organic product such as Biotic Earth Black or approved equal.
2. Eradicate harmful pathogens including coliform bacteria.
3. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1.
4. Contain no solid particle greater than 1/Z' in diameter.
5. Have a non -offensive smell like fresh turned soil.
6. Contain no significant level of dirt or soil and contain a maximum of 30% composted
wood residue (pine or aspen wood) (saw dust is unacceptable).
7. The pH after composting shall be between 5.0 and 7.5 with an organic matter
content of not less than 30%.
8. Soluble salts shall not be greater than 3mmhos/cm.
Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in
excess of 4 inches in any dimension for all material used within the designed clear zone for the
PSP41
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
2
REVISION OF SECTION 207
TOPSOIL
project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension.
Topsoil shall not include any minerals or elements detrimental to plant growth. The Contractor shall
utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of
soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following
requirements:
(1) Steel rod with a minimum diameter of 1/2 inch with graduations (tick marks) every 6 inches.
(2) The rod shall be made of stainless steel or other metal that will not bend when weight is
applied.
(3) The end of the rod shall have a 30 -degree cone tip.
(4) The diameter of the cone at its tip shall be no more than 0.1 inch.
(5) The top of the rod shall be a T -handled configuration.
Topsoil shall be generated from one or more of the following as shown on the plans:
(a) Topsoil (Onsite). Topsoil shall consist of the upper 6 -inch layer of the A horizon, as defined
by the Soil Science Society of America, or at the depths and locations shown on the
Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from
onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant
material) shall be collected as part of the salvaging of topsoil unless specified to be removed
and hauled offsite on the plans.
For topsoil salvaged from the project site, the Contractor shall provide soil tests using the
same method of soil analysis used by the Colorado State University Soil Testing Laboratory.
Test results shall be provided to Weld County.
All topsoil salvaged from onsite shall be amended/conditioned to meet the requirements of
this specification. It may be necessary to add additional fertilizers and conditioners to the
hydraulic growth medium in order to meet the recommendations of the CSU Soil Testing
Laboratory recommendations.
(b) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from
delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil
shall be extracted from the project site at locations shown on the plans or as directed, to a
minimum depth of 12 inches or at the depths as shown on the plans.
(c) Seeding Media. Seeding Media shall consist of one or all of the following approved
materials: sub -soil, overburden, or material generated from rock. Contractor shall select
onsite or offsite locations to generate material that meet the requirements of Table 207-1.
The Contractor shall provide a Certified Test Report (CTR) in accordance with subsection
106.13, excluding lot, heat, and batch confirming that the excavated material conforms to
Table 207-1.
PSP42
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
3
REVISION OF SECTION 207
TOPSOIL
Table 207-1
PHYSICAL PROPERTIES OF SEEDING MEDIA
Property
Range
Test
ASA Mono. #9, Part 2,
Soil, pH (s.u.)
5.6 - 7.5
Method 10-3.2 or TMECC
04.11-A
Soil Electrical Conductivity (EC)
<5 0
ASA Mono. #9, Part 2,
(mmhos/cm or ds/m
Method 10-3.3
Soil SAR (s.u.)
0- 10
ASA Mono. #9, Part 2,
'i0-3.4
Method
Rock Content (%o)
< 25
USDA NRCS Rock
Fragment Modifier Usage
Trace Contaminants
Meets US EPA, 40 CFR
TMECC 04.06 or
(Arsenic, Cadmium, Copper, Mercury,
503 Regulations
EPA6020/ASA (American
Selenium, Zinc, Nickel, and Lead)
Society of Agronomy)
Rock Content (%) greater than 3"
< 25
USDA NRCS Rock
diameter
—
Fragment Modifier Usage
No more than 70% clay,
ASA Monograph #9, Part 1,
USDA Soil Texture
silt, and sand by
Method 15-4
percentage volume of
or
topsoil. soil.
ASA 1 43-5
All Particle Sizes
<6 Inches
Physical contaminants (man-made
1
TMECC 03.08-
inerts
C:N ratio
<20
TMECC 05.02-A
* Fines % when manufacturing
>25% material passing
ASTM D6913
material from rock
through #4 sieve
Amendments to the base imported material shall have the quantities of material verified onsite prior
to incorporation into parent material, either at the stockpiles or after placement of parent material.
Topsoil amended at the stockpiles shall be distributed to the site within seven days.
* Substitute this requirement for USDA Soil Texture requirement when projects are approved to use
material manufactured from native rock material on site.
(d) Topsoil (Offsite). Imported topsoil shall be approved by the County before use. The
Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days prior
to import in accordance with subsection 106.13. The Contractor shall include with the CTR
a complete Soil Nutrient Analysis for the properties listed in Table 207-2 from the Colorado
State University Soil Testing Laboratory or an independent laboratory that uses the same
the methods of analysis as the CSU Soil Testing Laboratory. If topsoil nutrient analysis is
deficient, an Amendment Protocol shall be submitted by the Contractor for approval. The
Amendment Protocol shall contain a complete list of amendments and associated quantities
to produce topsoil that conforms to Table 207-2.
The Contractor shall submit a COC for Topsoil (Offsite) for approval a minimum of 60 days
prior to import that the source has controlled noxious weeds in accordance with the State of
Colorado Noxious Weed Act 35-5.5-115.
PSP43
ATTACHMENTA
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
4
REVISION OF SECTION 207
TOPSOIL
All imported topsoil shall be amended/conditioned to meet the requirements of this
specification. It may be necessary to add additional fertilizers and conditioners to the
hydraulic growth medium in order to meet the recommendations of the CSU Soil Testing
Laboratory recommendations.
Table 207-2
TOPSOIL (OFFSITE) PROPERTIES
Property
Range
Test Methods
ASA Mono. #9, Part 2,
Soil pH (s.u)
5.6 -- 7.5
Method 10-3.2 or TMECC
04.11-A
Salt by Electrical Conductivity (EC)
<2 0
ASA Mono. #9, Part 2,
(mmhos/cm or ds/m)
Method 10-3.3
Sol SAR (s.u.)
0 -10
ASA ' Mono. #9, Part 2,
Method 10-3.4
o
Soil OM ( /o)
3 — 5
Methods of Soil Analysis,
Part 3, Method 34
Methods of Soil Analysis,
Soil N (NO3-n, ppm)
20.0
Part 3. Chemical Methods.
Ch. 38 Nitrogen — Inorganic
Forms u..
ASA Mono. #9, Part 2,
Soil P (ppm)
≥ 13.0
Method 24-5.4 or others as
required based on soil pH
Soil K (ppm)
80
ASA Mono. #9, Part 2,
≥
Method 13-3.5
Rock Content (%) greater than 3" diameter
< 25
USDA NRCS Rock
Fragment Modifier Usage
Bioassay, (seedling emergence and relative
o
80 to of control
TMECC 05.05-A or
vigor)
Approved Germination Test
No more than 70% clay,
ASA Mono. #9, Part 1,
Soil Texture
silt and sand by %
Method 15-4
volume of topsoil
Physical contaminants (man-made inerts)
<1
TMECC 03.08-C
Trace Contaminants
Meets US EPA 40 CFR
TMECC 04.06 or
(Arsenic, Cadmium, Copper, Mercury,
503 Regulations
EPA6020/ASA (American
Selenium, Zinc, Nickel, and Lead)
Society of Agronomy)
All Particle Sizes
<6 Inches
C:N ratio
<20
TMECC 05.02-A
CONSTRUCTION REQUIREMENTS
207.03 Site Pre -vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation
for the project, the Contractor shall request a Site Pre -vegetation Conference. The Contractor shall
set up the conference and will include: The Engineer or designated representative, the
PSP44
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
5
REVISION OF SECTION 207
TOPSOIL
Superintendent or designated representative, and the sub-contractor(s) performing the subgrade
soil preparation and soil amendments. Only one meeting is required for the project unless a new
sub -contractor is brought on that did not attend the previous meeting.
The Agenda of the Pre -vegetation Conference can be found in Appendix A of the Construction
Manual and includes the following:
(1) Final review of the Topsoil Amendment Protocol
(2) Review of the Method Statement detailing the equipment which will be used for the subgrade
soil preparation operations
(3) Review of rod penetrometer which will be used to determine subgrade soil preparation of topsoil
(4) Permanent Stabilization Phasing Plan (identify strategies and site management measures to
protect de -compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads,
and other disturbances).
(5) Seeding. See subsection 212.03 for submittal requirements.
(6) Meeting attendee sign -in log
207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as
approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14
days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil
stockpiles shall be identified using white pin flags with "TOPSOIL" printed in black letters and shall
have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one
flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall
provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25
feet.
Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. When topsoil is
windrowed, all stockpile requirements still apply.
(1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, in
accordance with Section 217, or as directed.
(2) Wetland Topsoil. Wetland stockpiles shall not be treated with herbicide. Weeds shall be hand
pulled.
Wetland topsoil shall be placed within 24 hours from excavation, unless otherwise approved by
the Engineer. Wetland topsoil shall not be stockpiled for more than six months.
207.05 Subgrade Soil Preparation. Before placement of topsoil, the subgrade shall be ripped to a
minimum depth of 14 inches. Subgrade shall be mostly dry and friable. Subgrade shall crumble
without sticking together, yet not be so dry and hard that it does not break apart easily.
Underground utilities shall be located prior to soil preparation.
PSP45
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
6
REVISION OF SECTION 207
TOPSOIL
Subgrade soil preparation equipment shall be done with farming implements such as a moldboard
plow and disk. The use of a dozer or grader equipped with ripping shanks shall not be allowed.
Operation shall be performed to fracture the soil uniformly without lifting or furrowing the surface
excessively. The Contractor shall submit a method statement for subgrade soil preparation.
The Contractor shall calibrate the subgrade soil preparation equipment using a minimum 30 linear
feet of the initial pass. The Contractor shall utilize the rod penetrometer to verify that that de -
compaction was successfully done. The Contractor shall take penetration measurements every 6
inches across a transect perpendicular to the direction of the tractor and spanning the width of the
subgrade soil preparation. Depths of penetration shall confirm that a minimum of 12 inches can be
achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30
pounds of pressure on the T -handle).
Existing subgrade shall be de -compacted to a depth of 14 inches. If multiple passes are needed,
the subsequent passes shall be positioned so that the ripping equipment (subsoilers) from the
previous pass are split by the subsequent pass. Following ripping, the Contractor shall remove all
sticks, stones, debris, clods, and all other substances greater than 6 inches in diameter. The
Contractor shall restrict motorized vehicle and foot traffic from passing over the ripped area since
this would recompact the areas that received subgrade soil preparation.
The first 4 feet from the edge of pavement shall be ripped to a depth of 6 inches. If the project is
going to use aggregate base course or recycled asphalt as a shouldering technique, those areas
will not require subgrade soil preparation. Depth of soil ripping for the subgrade soil preparation
shall be checked with the rod penetrometer.
The Contractor shall verify adequate de -compaction of the entire area to have topsoil placed using
a rod penetrometer in the presence of the Engineer. Tests shall be performed at a minimum of ten
random locations per each acre as selected by the Engineer. The Test shall verify that a depth of
12 inches of penetration into the soil can be achieved without reaching 300 psi on the rod
penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). If this depth
cannot be achieved for 80 percent of the penetrations, the Contractor shall re -rip the area at no
additional cost to the Department.
207.06 Placement of Topsoil and Seeding Media. Topsoil and Seeding Media shall be hauled
and placed at the locations disturbed and will be re -vegetated or as shown on the plans. The
contractor shall place a minimum thickness of 6 inches and should only be handled when it is dry
enough to work without damaging soil structure. Topsoil and Seeding Media shall be placed a
minimum depth of twelve (12) inches when placed over riprap as required on the plans. No Topsoil
or Seeding Media shall be placed below ordinary high-water mark except as otherwise specified in
bio-stabilization bank treatments.
Salvaged topsoil placement deeper than 6 inches is allowed if additional approved material is on -
site.
Contractor shall place topsoil in a method that does not re -compact subgrade material using low
ground -contact pressure equipment, or by excavators and/or backhoes operating adjacent to it.
PSP46
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
7
REVISION OF SECTION 207
TOPSOIL
The final grade shall be free of all materials greater than 4 inches in diameter within the designed
clear zone for the project. Equipment not required for revegetation work will not be permitted in the
areas of placed topsoil.
Soil amendments, seedbed preparation, and permanent stabilization mulching shall be
accomplished within four working days of placing the topsoil on the de -compacted civil subgrades.
If placed topsoil is not mulched with permanent stabilization mulch within four working days, the
Contractor shall complete interim stabilization methods in accordance with subsection 208.04(e), at
no additional cost to the Department. Time to perform the work may be extended for delays due to
weather.
METHOD OF MEASUREMENT
207.07 Topsoil material will be measured by the actual number of cubic yards of topsoil placed and
accepted. The volume of Topsoil will be determined by measuring the area in which the Topsoil is
placed and multiplying the area by 0.5 feet.
Subgrade soil preparation will be measured by the square yards of subgrade which is ripped and
accepted for adequate de -compaction.
BASIS OF PAYMENT
207.08 The accepted quantities measured will be paid for at the Contract unit price for each of the
pay items listed below that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Topsoil
Stockpile Topsoil
Cubic Yard
Cubic Yard
Amendments for Topsoil and Seeding Media will be measured and paid for in accordance with
Section 212.
Noxious Weed Management will be measured and paid for in accordance with Section 217.
Stockpiling or windrowing of topsoil will not be measured and paid for separately but shall be
included in the work.
Testing of Seeding Medial and Topsoil will not be measured and paid for separately but shall be
included in the work.
Rod penetrometer and associated verification testing of random locations will not be measured and
paid for separately but shall be included in the work.
The Site Pre -vegetation Conference will not be paid for separately but shall be included in the work.
PSP47
ATTACHMENT A
35th AVE & `O' ST ROUNDABOUT PROJECT November, 2021
8
REVISION OF SECTION 207
TOPSOIL
Additional passes with the ripping equipment to achieve the desired de -compaction will not be
measured and paid for separately but shall be included in the work.
Removing of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any
dimension for all topsoil and Seeding Media used within the designed clear zone for the project will
not be measured and paid for separately but shall be included in the work.
Loading and hauling to redistribute stockpiled topsoil uniformly throughout the project limits shall not
be measured and paid for separately but shall be included in the work.
END OF SECTION
PSP48
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby deleted for this project and replaced with the
following:
DESCRIPTION
208.01 This work consists of constructing, installing, maintaining, and removing when required,
control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and
pollution of any State waters as defined in subsection 107.25, including wetlands.
Stormwater runoff from all disturbed areas and soil storage areas for which permanent or interim
stabilization is not implemented, must flow to at least one control measure to minimize sediment in
the discharge. This shall be accomplished through filtering, settling, or straining. The control
measure shall be selected, designed, installed, and adequately sized in accordance with good
engineering, hydrologic, and pollution control practices. The control measures shall contain or filter
flows in order to prevent the bypass of flows without treatment and shall be appropriate for
stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions
(i.e., sheet or concentrated flow).
The Contractor shall coordinate the construction of temporary control measures with the
construction of permanent control measures to assure economical, effective, and continuous
erosion and sediment control throughout the construction period.
When a provision of Section 208 or an order by the Engineer requires that an action be immediate
or taken immediately, it shall be understood that the Contractor shall at once begin affecting
completion of the action and pursue it to completion in a manner acceptable to the Engineer, and in
accordance with the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-
SCP) requirements. If immediate corrective actions cannot be taken, the Contractor shall
immediately ask for a deferment by providing the information outlined in Section 208.09(c) for
review by the Engineer.
PSP49
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
2
REVISION OF SECTION 208
EROSION CONTROL
MATERIALS
208.02 Erosion control materials are subject to acceptance in accordance with subsection 106.01.
Erosion control materials shall be subject to the following approval process:
Approva
Material
I
Notes:
Process
The Contractor shall provide
a transit certificate number,
Erosion Bales (Weed Free)
COC
or a copy of the transit
certificate as supplied from
the producer.
Silt Fence
COC
Silt Berm
APL
Erosion Log (Type 1, Type 2, and Type 3)
COC
Silt Dikes
COC
Pre -fabricated Concrete Washout
APL
Structures (above ground)
Pre -fabricated Vehicle Tracking Pad
APL
Aggregate Bag
COC
Storm Drain Inlet Protection (Type 1, 11,
APL
and 111
COC = Certificate of Compliance; APL= Approved Product List
The material for control measures shall conform to the following:
(a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw.
The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free
Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title
35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and
orange twine binding the bales.
The Contractor shall not place certified weed free erosion bales or remove their identifying twine
until the Engineer has inspected them.
The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who
have completed certification by contacting the Colorado Department of Agriculture, Weed Free
Forage Program, 305 Interlocken Pkwy, Broomfield, CO 80021. Contact the Weed Free Forage
Coordinator at (303) 869-9038. Also available at www.colorado.gov/ag/csd.
Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes
shall be wood and shall be 2 inch by 2 inch nominal.
PSP50
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT November, 2021
3
REVISION OF SECTION 208
EROSION CONTROL
(b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts
shall be 1.5 inch width by 1.5 inch thickness actual dimensions with 1/8 inch tolerance.
Geotextile shall be attached to wood posts with three or more staples per post.
Silt fence geotextile shall conform to the following requirements:
Physical Requirements for Silt Fence Geotextiles
Wire Fence
Self -Supported
Property
Supported
Requirements
Test
Requirements
Geotextile Elongation
Method
<50%
Grab Strength,
90 minimum
124 minimum
ASTM
lbs
D4632
Permittivity sec -1
0.05
0.05
ASTM
D4491
Ultraviolet
Minimum 70%
Minimum 70% Strength
ASTM
Stability
Strength Retained
Retained
D4355
Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum
length of 66 inches. Metal posts shall be "studded tee" with 0.095 inch minimum wall thickness.
Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge with a
maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties
or nylon cable ties at 12 inches on center at top, middle and bottom wire. Welded wire fabric
shall be attached to the post with a minimum three 12 gauge wire ties per post. Vinyl or rubber
safety caps shall be installed on all T -posts.
(c) Temporary Berms. Temporary berms shall be constructed out of onsite soil materials.
Temporary berms shall be wheel compacted. Temporary berms shall be stabilized and seeded
to prevent erosion of the berm. The cost of compacting, stabilizing, and seeding the temporary
berms shall be incidental to the cost of the berms.
(d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets,
stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible
rubber, or other materials suitable to carry accumulated water down the slopes. Outlet
protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum
Class 2, conforming to subsection 712.08.
(e) Silt Berm. Silt berm shall consist of permeable multi -use material consisting of ultraviolet (UV)
stabilized high -density polyethylene or other approved material effective in reducing water
velocity. Designed and tested system shall be installed on a Turf Reinforcement Mat or Soil
Retention Blanket in accordance with Section 216. The segment shall be secured to the ground
with either metal or wood stakes. Minimum requirements for securing stakes shall be in
accordance with the plans. Dimensions of individual segments shall meet the following criteria:
PSP51
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
4
REVISION OF SECTION 208
EROSION CONTROL
Width
6 - 11 inches
Height
6 - 10 inches
Weight
> 0.25 lbs./s q . ft.
Percent Open
Area
20- 50%
(f) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the
requirements of Section 506.
(g) Sediment Trap. In constructing an excavated sediment trap, excavated soil may be used to
construct the dam embankment, provided the soil meets the requirements of subsection 203.03.
Outlet protection riprap shall be the size specified in the Contract and shall conform to Section
506. Erosion control geotextile shall be a minimum Class 1, conforming to subsection 712.08.
(h) Erosion Logs. Erosion logs shall be one of the following types unless otherwise shown on the
plans:
(1) Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior
with a consistent width of fibers evenly distributed throughout the log. The casing shall be
seamless, photo -degradable tube netting. The curled aspen wood excelsior shall be fungus
free, resin free, and free of growth or germination inhibiting substances.
(2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2)
Compost in accordance with subsection 212.02. The compost -wood chip blend may be
pneumatically shot into a geotextile cylindrical casing or be pre -manufactured. The
geotextile casing shall consist of HDPE or polypropylene mesh (knitted, not extruded) with
openings of % to % inch and contain the compost -wood chip material while not limiting water
infiltration.
(3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior
with a consistent width of fibers evenly distributed throughout the log. The casing shall be
seamless, 100 percent natural fiber cylinder netting (compostable) and shall have minimum
dimensions as shown in Table 208-1, based on the diameter of the log shown on the plans.
Netting shall be a woven cotton or cellulose base mesh that has an approval to compost
certification with a maximum mesh size of 0.075 inches and index values as shown in Table
208-2. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth
or germination inhibiting substances.
Natural compostable fiber netting shall not contain any synthetic material woven into the netting
such as polypropylene, nylon, polyethylene, or polyester dyes. Oxo-degradable or oxo-
biodegradable petrochemical -based fiber shall not be part of the netting material. Burlap netting
material shall not be used for Erosion Log (Type 3).
Erosion Log (Type 1, Type 2, and Type 3) shall have minimum dimensions as shown in Table
208-1, based on the specified diameter of the log.
PSP52
ATTACHMENT A
35th AVE & 'O' ST ROUNDABOUT PROJECT
November, 2021
5
REVISION OF SECTION 208
EROSION CONTROL
Table 208-1
Dimensions of Erosion Loas
Diameter
Diameter
Length
Weight
Stake Dimensions
Type 1 & 3
Type 2
(feet)
(minimum)
(Inches)
Inches
(Inches)
Min.
Max.
(pounds/foot)
9 '
8
10
180
1.6
s thickness by % width by 18 long
12
12
10
180
2.5
1.5 thickness by 1.25 width by 24 long
20
18 '
10
100
4.0
1.5 thickness by 1.25 width by 30 long
Wood stake acceptable tolerance +/- 1/8 inch.
Table 208-2
Index Values for Natural Fiber Nettina
Property
Requirement
Test Method
Fabric Tensile Strength
>70 lbs.
ASTM O3822
Biodegradable
100%
ASTM D5988
Mesh Pattern
Rib
Stakes to secure erosion logs shall consist of pinewood or hardwood.
(i) Silt Dikes. Silt dikes shall be pre -manufactured flexible sediment barrier that will fully rebound
when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering
closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend
beyond the foam core a minimum of 8 inches on both sides.
Table 208-3
Geotextile Reauirements
Property
Requirement
Test Method
Water Flow Rate
100-150 gallons per minute/square foot
ASTM D4491
Grab Breaking Load
200 lbs. minimum in each direction
ASTM 04632
Ultraviolet Degradation
70% of original unexposed grab breaking load after 500
�
ASTM
hours �
. PD4595
Each silt dike segment shall have the following dimensions:
Dimension Length
Vertical height after installation >5 inches
Geotextile sleeve section to interlock segments >8 inches
Silt dike segments shall be anchored down using the minimum requirements shown in Table
208-4.
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Table 208-4
Silt Dike Segment Requirements
Surface
Nail
Washers
Soil Surface
Installed in 4 inch deep trench with 6 inch
1 inch washers
nails no more than 4 feet O.C. (on center)
Hard
1 inch concrete nails no more than 4 feet
1 inch washers and solvent -free
Surface
O.C.
adhesive
(j) Concrete Washout Structure. The Contractor shall construct a washout structure that will
contain washout from concrete placement, construction equipment cleaning operations, and
residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment
required for the concrete washout structure may be excavated material, provided that this
material meets the requirements of Section 203 for embankment. If the bottom of the excavated
structure is within 5 feet of anticipated high ground water elevation or the soil does not have
adequate buffering capacity to meet water quality standards, an impermeable synthetic liner
shall be installed with the minimum properties shown in Table 208-5.
Table 208-5
Impermeable Synthetic Liner Requirements
Tested Property
Test Method
Units
Value
Thickness
ASTM D5199
mil
>30 +1- 1.5
Tear Strength
ASTM D1004
lbs
>8
Low Temperature Impact
ASTM D1790
°F
Pass at -20
(k) Pre -Fabricated Concrete Washout Structure. Pre -Fabricated Concrete Washout Structures
shall be one of the following types unless otherwise shown on the plans:
(1) Pre -Fabricated Concrete Washout Structure (Type 1). Type 1 portable bins shall be used
only when specified in the Contract. It shall consist of a watertight multi -use container
designed to contain liquid concrete washout wastewater, solid residual concrete waste from
washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -
concrete demolition. Minimum capacity including freeboard shall be 440 gallons.
(2) Pre -Fabricated Concrete Washout Structure (Type 2). Type 2 portable bins shall be used
only when specified in the Contract. It shall consist of a watertight one-time use container
designed to contain liquid concrete washout wastewater, solid residual concrete waste from
washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -
concrete demolition. The structure shall have a system to secure to the ground. Minimum
capacity including freeboard shall be 50 gallons.
(3) The use of disposable plastic swimming pools shall not be allowed.
(I) Vehicle Tracking Pad (VTP). Aggregate for the vehicle tracking pad shall be crushed natural
aggregate with at least two fractured faces that meets the following gradation requirements:
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REVISION OF SECTION 208
EROSION CONTROL
Sieve Size
Percent by Weight
Passing Square Mesh
Sieves
75 mm (3 inch)
100
50 mm (2 inch)
0-25
19.0 mm (3/4 inch)
0-15
1. Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads.
2. Erosion control geotextile underlying aggregate material shall be Mirafi FW-300.
3. Pre -Fabricated or manufactured vehicle tracking pads shall only be used if specified in the
Contract. Multi -use pads shall consist of industrial grade materials and shall be designed to
minimize sediment leaving the project.
4. Minimum dimensions of the modular systems shall be:
Width
12 feet
Length of pad
35 feet
To accommodate construction traffic turning radii between the tracking pad and a stabilized
surface, additional flared sections of approved pads or aggregate in accordance with this
specification shall be used at no additional cost to Weld County.
Weight (min.)
8
(lbs./sq. ft.)
Crush strength
400
min. (psi)
If pads weigh less than 8 pounds per square foot, an anchoring system approved by the
manufacturer shall be used for pads placed on soil and hard surfaces.
A thin layer of stone, geotextile, or other stable surface may be required to stop rutting under the
pad or area where the vehicles mount or dismount the manufactured trackout control device.
(m) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled
fabric with the following properties:
Weight
Diameter
(minimum)
(inches)
(pounds per
foot)
6-8
6
10
10
12
15
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Rubber used in bags shall be clean, 95 percent free of metal and particulates.
Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse
Aggregate No. 6.
The aggregate bag shall consist of a woven geotextile fabric with the following properties:
Property
Requirement
Test Method
Grab Tensile. Strength
90 lbs. min.
ASTM D4632
Trapezoid Tear Strength
25 lbs. min.
ASTM D4533
Mullen Burst
300 psi
ASTM D3786
Ultraviolet Resistance
70%
ASTM D4355
(n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled
fabric with the following dimensions:
Storm Drain Inlet Protection
Protection T es
T fpe
Type 112
Type 1113
Properties ,
Diameter
4 in.
4 in.
N/A
Minimum Section Length
7 ft.
5 ft.
5 ft.
Apron Insert
---
30 in. or sized to
30 in or sized to
rate
grate
'Type I protection shall be used with Inlet Type R.
2Type, II protection shall be used with Combination Inlet. Option A or B
3Type III protection shall be used with Vane Grate Inlet only. Option A or B
Note: Options A and B are shown on Standard Plan M-208-1.
The Storm Drain Inlet Protection (Type I, II and III) shall consist of a woven geotextile fabric with
the following pro erties:
Property
Test Method
Unit
Requirement
Grab tensile
ASTM D4632
lbs.
minimum
strength
150X200
Mullen Burst
ASTM D3786
lbs.
400
Strength
Trapezoid Tear
ASTM D4533
lbs.
minimum 60X60
Strength
Percent Open Area
COE-22125-
%
≥20
86
Water Flow Rate
ASTM D4491
gal./min./sq.
≥100
Ultraviolet
ASTM O4355
°ln
≥70
Resistance
Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear
foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate
contained in the
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storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for
Coarse Aggregate No. 6.
CONSTRUCTION REQUIREMENTS
208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction, an
on -site Environmental Pre -construction Conference shall be held. The Conference shall be
attended by:
(1) The Engineer.
(2) The Superintendent.
(3) The Contractor's Stormwater Management Plan (SWMP) Administrator. The SWMP
Administrator is equivalent to the CDPS-SCP Qualified Stormwater Manager.
(4) Supervisors or Foremen of subcontractors working on the project.
At this Conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on -site,
wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the
requirements of this specification.
Prior to beginning construction, the Contractor shall evaluate the project site for storm water
draining into or through the site. When such drainage is identified, control measures shall be used
if possible, to divert stormwater from running on -site and becoming contaminated with sediment or
other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to
prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall
be treated as construction runoff and adequate control measures shall be employed.
The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs,
seeps, and landscape irrigation return flow. If such flow is identified, control measures shall be
used to protect off -site water from becoming contaminated with sediment or other pollutants.
The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is
needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing
protection shall be protected and the location of the implemented control measure added to the
SWMP site map.
Prior to construction, the Contractor shall implement appropriate control measures for protection of
wetlands, sensitive habitat, and existing vegetation from ground disturbance and other pollutant
sources, in accordance with the approved project schedule as described in subsection 208.03(b).
When additional control measures are required and approved by the Engineer, the Contractor shall
implement the additional control measures and the SWMP Administrator shall record and describe
them on the SWMP site map. The approved control measures will be measured and paid for in
accordance with subsections 208.11 and 208.12.
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(1) Project Review. The Contractor shall submit modifications to the Contractor's control measures
or SWMP in a written proposal to the Engineer. The written proposal shall include the following
information:
(1) Reasons for changing the control measures.
(2) Diagrams showing details and locations of all proposed changes.
(3) List of appropriate pay items indicating new and revised quantities.
(4) Schedules for accomplishing all erosion and sediment control work.
(5) Effects on permits or certifications caused by the proposed changes.
The Engineer will approve or reject the written proposal in writing within seven days after receipt
of the submittal. The Engineer may require additional control measures prior to approving the
proposed modifications. Additional modifications and additional control measures will be paid
for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid
for as extra work in accordance with subsection 109.04.
(2) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be
included in the weekly meeting update. The project schedule shall specifically indicate the
sequence of clearing and grubbing, earthwork operations, and construction of temporary and
permanent erosion control features and stabilization. The project schedule shall include
erosion and sediment control work for haul roads, borrow pits, storage and asphalt or concrete
batch sites, and all areas within the project limits. If during construction the Contractor proposes
changes which would affect the Contract's control measures, the Contractor shall propose
revised control measures to the Engineer for approval in writing. If necessary, the SWMP
Administrator shall update proposed sequencing of major activities in the SWMP. Revisions
shall not be implemented until the proposed measures have been approved in writing by the
Engineer.
(3) Erosion Control Management (ECM). Erosion Control Management for this project shall consist
of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working
knowledge and experience in construction and shall have successfully completed the
Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the
COOT. The Superintendent will not be permitted to serve in an ECM role. The Erosion Control
Inspector (ECI) and the SWMP Administrator may be the same person in projects with not more
than 40 acres of disturbed area. The ECI and the SWMP Administrator are equivalent to the
CDPS-SCP Qualified Stormwater Manager.
1. SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. The
name of the SWMP Administrator shall be recorded on the SWMP Section 3.B. The SWMP
Administrator shall have full responsibility to maintain and update the SWMP and identify to
the Superintendent critical action items needed to conform to the CDPS-SCP as follows:
(1) Complete the SWMP as described in subsection 208.03(d).
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(2) Participate in the Environmental Pre -construction Conference.
(3) Attend weekly erosion and sediment control meetings.
(4) Attend all water quality control inspections.
(5) Coordinate with the Superintendent to implement necessary actions to reduce
anticipated or presently existing water quality or erosion problems resulting from
construction activities.
(6) Coordinate with the Superintendent to ensure that all labor, material, and equipment
needed to install, maintain, and remove control measures are available as needed.
(7) During construction, the SWMP site map shall be updated to reflect current field
conditions and include, at a minimum, the following:
(i) Limits of Construction (LOC).
(ii) Areas of disturbance (AD), including areas of borrow and fill.
(iii) Limits of Disturbance (LDA).
(iv) Areas used for storage of construction materials, equipment, soils, or wastes.
(v) Location of dedicated asphalt, concrete batch plants, and masonry mixing
stations.
(vi) Location of construction offices and staging areas.
(vii)Location of work access routes during construction.
(viii) Location of waste accumulation areas, including areas for liquid, concrete,
masonry,
and asphalt.
(ix) Location of temporary, interim, and permanent stabilization.
(x) Location of outfalls.
(xi) Flow arrows that depict stormwater flow directions on -site and runoff direction.
(xii)Location of structural and non-structural control measures.
(xiii) Location of springs, streams, wetlands, and other State waters, including
areas that
require pre-existing vegetation be maintained within 50 horizontal feet of a
receiving water, unless infeasible.
(xiv) Location of stream crossings located within the construction site boundary.
(8) The SWMP shall reflect the field conditions and shall be amended to reflect control
measures.
(i) A change in design, construction, operation, or maintenance of the site which
would
require the implementation of new or revised control measures; or
(ii) Changes when the SWMP proves to be ineffective in achieving the general
objectives
of controlling pollutants in stormwater discharges associated with
construction activity.
(iii) Changes when control measures are no longer necessary and are removed.
PSP59
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REVISION OF SECTION 208
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(9) Complete vegetative survey transects when required in accordance with CDOT
Erosion Control and Stormwater Quality Guide.
(10) Start a new site map before the current one becomes illegible. All site maps shall
remain as part of the SWMP.
(11) Document all inspection and maintenance activities. The SWMP and
documentation shall be kept on the project site.
(12) When adding or revising control measures in the SWMP, add a narrative
explaining what, when, where, why, and how the control measure is being used,
and add a detail to the SWMP.
(i) How to install and inspect the control measure.
(ii) Where to install the control measure.
(iii) When to maintain the control measure.
(13) If using existing topography, vegetation, etc. as a control measure, label it as such
on the SWMP site map; add a narrative as to when, where, why, and how the
control measure is being used.
(14) Indicate control measures in use or not in use by recording them on Standard
Plans M-208-1, M-216-1, and M-615-1 in the SWMP.
(15) Record on the SWMP, the approved Method Statement for Containing Pollutant
Byproducts.
(16) Update the Potential Pollutants list in the SWMP and Spill Response Plan
throughout construction.
(17) Vegetative buffers shall not be used as a sole control measure. They shall only be
used as the final stage of a treatment train.
2. Erosion Control Inspector
One ECI is required for every 40 acres of total disturbed area which is currently receiving temporary
and interim stabilization measures as defined in subsection 208.04(e). An ECI shall not be
responsible for more than 40 acres in the project. Accepted permanent stabilization methods as
defined in subsection 208.04(e) will not be included in the 40 acres.
ECI duties shall be as follows:
(1) Coordinate with the SWMP Administrator on reporting the results of inspections. How
to install and inspect the control measure.
(2) Review the construction site for compliance with the Stormwater Construction
Permit.
PSP60
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REVISION OF SECTION 208
EROSION CONTROL
(3) Inspect with the Superintendent and the Engineer (or their designated
representatives) the stormwater management system at least every seven days.
Post -storm event inspections shall be conducted within 24 hours after the end of any
precipitation or snow melt event that may cause surface erosion. If no construction
activities will occur following a storm event, post -storm event inspections shall be
conducted prior to commencing construction activities, but no later than 72 hours
following the storm event. The occurrence of delay in inspections shall be
documented in the inspection report. Form 1176 (Stormwater Field Inspection
Report — Active Construction) shall be used for all seven-day inspections and
inspections following storm events. The Contractor shall notify the ECI when a storm
event occurs.
Inspections are not required at sites when construction activities are temporarily
halted, when snow cover exists over the entire site for an extended period and
melting conditions do not pose a risk of surface erosion. This exception shall be
applicable only during the period where melting conditions do not exist, and applies
to the routine seven-day, as well as the post -storm event inspections. The following
information shall be documented on Form 1176 for use of this exclusion: dates when
snow cover occurred, date when construction activities ceased, and date melting
conditions began.
The order of precedence for required inspections shall be as follows:
(i) Post -storm event inspections
(ii) Seven-day inspections
When one of the listed inspections is performed, the inspections listed below it need
not be performed on that day if the required Owner and Contractor personnel
participated in the inspection.
A seven-day inspection is not required on the same day a water quality routine audit
is conducted, as long as all of the inspection scope requirements for a seven-day
and post -storm event inspection are met. A sheet shall be placed in the inspections
area of the SWMP to refer to the date the inspection was performed.
(4) Seven-day inspections and post -storm inspections shall include inspection of the
following areas, if applicable, for evidence of, or the potential for, pollutants leaving
the construction site boundaries, entering the stormwater drainage system, or
discharging to State waters:
(i) Construction site perimeter
(ii) Disturbed areas
(iii) Designated haul routes
(iv) Material and waste storage areas exposed to precipitation
PSP61
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REVISION OF SECTION 208
EROSION CONTROL
(v) Locations where stormwater has the potential to discharge offsite
(vi) Locations where vehicles exit the site
(5) Inspections shall include the following:
(i) Visually verify whether all implemented control measures are in effective
operational condition and are working as designed in their specifications to
minimize pollutant discharges.
(ii) Determine if there are new potential sources of pollutants.
(iii) Assess the adequacy of control measures at the site to identify areas requiring
new or modified control measures to minimize pollutant discharges
(iv) Identify all areas of non-compliance with the permit requirements and, if
necessary, implement corrective action in accordance with the CDPS-SCP.
(v) Follow all other agency Stormwater requirements and inspections unless a
waiver or other agreement has been made.
(6) The Contractor shall report the following circumstances orally to the Engineer,
CDPHE, the Contractor's Superintendent, and the SWMP Administrator within 24
hours from the time the permittee becomes aware of the circumstances, and shall
mail to CDPHE a written report containing the information requested within five
working days after becoming aware of the following circumstances:
(i) Noncompliance which may endanger health or the environment, regardless of
the cause of the incident.
(ii) Unanticipated bypass which exceeds any effluent limitations in accordance with
the CDPS-SCP.
(iii) Upset conditions which causes an exceedance of any effluent limitation in
accordance with the CDPS-SCP.
(iv) Daily maximum violations for any of the pollutants limited by the permit. This
includes any toxic pollutant or hazardous substance, or any pollutant specifically
identified as the method to control any toxic pollutant or hazardous substance.
(v) The written report shall also be provided to the Engineer and a copy shall be
placed in the SWMP notebook.
(7) Document spills, leaks, or overflows that result in the discharge of pollutants on the
Form 1176. The ECI shall record the time and date, weather conditions, reasons for
spill, and how it was remediated.
PSP62
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REVISION OF SECTION 208
EROSION CONTROL
(4) Documentation Available on the Project. The following Contract documents and references will
be made available for reference at the Weld County field office during construction:
SWMP. The Engineer will provide an approved SWMP design at the Pre -construction
Conference, which is and shall remain the property of Weld County. Prior to construction,
Weld County will provide the documentation for items (1) through (4), and (18) as listed
below, when available. The Contractor shall provide the contents required for items (5)
through (17). The SWMP shall be stored in the Weld County field office or at another on -
site location approved by the Engineer. The SWMP Administrator shall modify and update
the SWMP as needed to reflect actual site conditions prior to the change or as soon as
practicable, but in no case more than 72 hours after the change. The following Contract
documents and reports shall be kept, maintained, and updated in the SWMP under the
appropriate items by the SWMP Administrator:
(1) SWMP Plan Sheets — Notes, tabulation, site description. The SWMP shall include a site
description which includes, at a minimum, the following:
(i) The nature of the construction activity at the site.
(ii) The proposed schedule for the sequence for major construction activities and
the planned implementation of control measures for each phase. (e.g. clearing,
grading, utilities, vertical, etc.)
(iii) Estimates of the total acreage of the site, and the acreage expected to be
disturbed by clearing, excavation, grading, or any other construction activities.
(iv) A summary of any existing data used in the development of the construction site
plans or SWMP that describe the soil or existing potential for soil erosion.
(v) A description of the percent of existing vegetative ground cover relative to the
entire site and the method for determining the percentage, in accordance with
CDOT Erosion Control and Stormwater Quality Guide.
(vi) A description of any allowable non-stormwater discharges at the site, including
those being discharged under a division low risk discharge guidance policy.
(vii) A description of areas receiving discharge from the site. Including a description
of the immediate source receiving the discharge. If the stormwater discharge is
to a municipal separate storm sewer system, the name of the entity owning the
system, the location of the storm sewer discharge, and the ultimate receiving
water(s).
(viii) A description of all stream crossings located within the construction site
boundary.
(2) SWMP Site Maps and Project Plan Title Sheet
PSP63
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REVISION OF SECTION 208
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(3) Specifications — Standard and project special provisions related to stormwater and
erosion control.
(4) Standard Plans M-208-1, M-216-1 and M-615-1.
(5) Control measure Details not in Standard Plan M-208-1 — Non-standard details.
(6) Weekly meeting sign in sheet and weekly meeting notes.
(7) Calendar of Inspections — Calendar of inspections marking when all inspections take
place.
(8) Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, 1388).
(9) All Water Quality Audit Reports and Form 105(s) relating to Water Quality.
(10) Description of Inspection and Maintenance Methods — Description of inspection and
maintenance methods implemented at the site to maintain all control measures
identified in the SWMP and items not addressed in the design.
(11) Spill Response Plan — Reports of reportable spills submitted to CDPHE.
(12) List and Evaluation of Potential Pollutants — List of potential pollutants as described in
subsection 107.25 and approved Method Statement for Containing Pollutant
Byproducts.
(13) Other Correspondence including agreements with other MS4s, approved deferral
request, CDPHE audit documentation, Water Quality Permit Transfer to Maintenance
Punch List, and other miscellaneous documentation such as documented use
agreements for areas outside of the permitted area.
(14) TECS Certifications of the SWMP Administrator and all ECIs shall be kept current
through the life of the project.
(15) Environmental Pre -construction Conference — Conference agenda with a certification
of understanding of the terms and conditions of the CDPS-SCP and SWMP. The
certification shall be signed by all attendees. A certification shall also be signed by all
attendees of meetings held for new subcontractors beginning work on the project that
could adversely affect water quality after the Environmental Pre -construction
Conference has been held.
(16) All Project Environmental Permits —All project environmental permits and associated
applications and certifications, including, CDPS-SCP, Senate Bill 40, USACE 404,
temporary stream crossings, dewatering, biological opinions, and all other permits
applicable to the project, including any separate CDPS-SCP obtained by the
Contractor for staging area on private property, asphalt or concrete batch plant, etc.
PSP64
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REVISION OF SECTION 208
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(17) Photographs Documenting Existing Vegetation — Project photographs shall include the
following information with the record: project number, project code, name of the person
who took the picture, date and time the picture was taken, and location and
approximate station number or mile marker. The Contractor shall submit photographs
documenting existing vegetation, prior to construction commencing, on paper with a
maximum of four colored images per side of 8 '/ inch by 11 inch sheet or a digital copy
on CD-ROM/Flash Drive (JPG format) as directed by the Engineer.
(18) Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent
water quality structures and riprap.
The Engineer will incorporate the documents and reports available at the time of
award. The Contractor shall provide and insert all other documents and reports as
they become available during construction.
The SWMP Administrator shall finalize the SWMP for Weld County use upon
completion of the project. SWMP completeness shall be approved by the Engineer.
Corrections to the SWMP shall be made at the Contractor's expense.
2. Reference Materials. The following Reference materials shall be used:
(1) CDOT Erosion Control and Stormwater Quality Guide.
(2) CDOT Erosion Control and Stormwater Quality Field Guide.
(e) Weekly Meetings: The Engineer, the Superintendent, and the SWMP Administrator shall
conduct a weekly meeting with supervisors involved in construction activities that could
adversely affect water quality. The meeting shall follow an agenda prepared by the Engineer, or
a designated representative, and have a sign in sheet on which the names of all attendees shall
be recorded. The SWMP Administrator shall take notes of water quality comments and action
items at each weekly meeting and place the agenda and sign in sheet in the SWMP. At this
meeting the following shall be discussed and recorded in tab 6 of the SWMP:
(1) Recalcitrant, chronic, and severe inspection findings.
(2) Unresolved issues from previous inspections.
(3) Requirements of the SWMP.
(4) Problems that may have arisen in implementing the site specific SWMP or maintaining
control measures.
(5) Control measures that are to be installed, removed, modified, or maintained, and
associated SWMP modifications.
(6) Planned activities that will affect stormwater in order to proactively phase control
measures.
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All subcontractors not in attendance at the Environment Pre -construction Conference shall be
briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to
start of work. The SWMP Administrator shall record the names of these subcontractors as an
addendum to the list of attendees and add it to the SWMP.
208.04 Control Measures for Stormwater.
The SWMP Administrator shall modify the SWMP to clearly describe and locate all control
measures implemented at the site to control potential sediment discharges.
Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site or roadway
to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be
provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle
tracking pad locations on the SWMP site map.
New inlets and culverts shall be protected during their construction. Appropriate protection of each
culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it
shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment,
millings, debris, and other pollutants from within the newly constructed drainage system in
accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment
shall be disposed of outside the project limits in accordance with all applicable regulations.
Concrete products wasted on the ground during construction including, but not limited to, excess
concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants
that shall be removed from the site or contained at a pre -approved containment area that has been
identified in the SWMP. The concrete shall be picked up and recycled in accordance with 6 CCR
1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as
needed, or as directed by the Engineer. The uses of recycled concrete from permitted recycling
facilities shall be in accordance with Section 203.
(a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment
control measures for correcting conditions unforeseen during the design of the project, or for
emergency situations, that develop during construction. The CDOT Erosion Control and
Stormwater Quality Guide shall be used as a reference document for the purpose of
designing erosion and sediment control measures. Measures and methods proposed by the
Contractor shall be reviewed and approved in writing by the Engineer prior to installation.
(b) Other Agencies. If CDPHE, US Army Corps of Engineers (USACE), the Environmental
Protection Agency (EPA), or a Local Agency reviews the project site and requires additional
measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease
and desist activities resulting in pollutant discharge and immediately implement these
measures. If the work may negatively affect another MS4, the Contractor shall cease and
desist activities resulting in the discharge and shall implement appropriate measures to
protect the neighboring MS4, including installing additional measures. Implementation of
these additional measures will be paid for at contract unit prices.
(c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside
Weld County ROW and outside easements acquired by Weld County for construction, are
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the responsibility of the Contractor. These areas shall be subject to a separate CDPS-SCP
and all other necessary permits, as they are considered a common plan of development if
within a %4 mile of the construction site. The Contractor shall acquire these permits and
submit copies to the Engineer prior to any disturbance. These permits shall be acquired, and
all erosion and sediment control work performed at the Contractor's expense. These areas
are subject to inspections by Weld County or any other agency. A documented use
agreement between the permittee and the owner or operator of any control measures
located outside of the permitted area that are utilized by the permittee's construction site for
compliance with the CDPS-SCP, but not under the direct control of the permittee shall be
placed in the project's SWMP.
(d) Construction Implementation. The Contractor shall incorporate control measures into the
project as outlined in the accepted schedule.
(e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control
measures until permanent stabilization of the area has been completed and accepted.
Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure
final stabilization. Failure to properly maintain erosion control and stabilization methods,
either through improper phasing or sequencing will require the Contractor to repair or
replace sections of earthwork at the Contractor's expense. The Contractor shall schedule
and implement the following stabilization measures during the course of the project:
Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed
areas by surface roughening, vertical tracking, or a combination thereof. Disturbed
areas are locations where actions have been taken to alter the existing vegetation or
underlying soil of a site, such as clearing, grading, roadbed preparation, soil compaction,
and movement and stockpiling of sediment and materials. Designated topsoil distributed
on the surface or in stockpiles shall not receive temporary stabilization. Other
stabilization measures may be implemented, as approved. The maximum area of
temporary stabilization (excluding areas of designated topsoil) shall not exceed 20
acres.
2. Interim Stabilization. As soon as it is known with reasonable certainty that work will be
temporarily halted for 14 days or more, sediment and material stockpiles and disturbed
areas shall be stabilized using one or more of the specified following methods:
(1) Application of 1.5 tons per acres of mechanically crimped certified weed free hay or
straw in combination with an approved organic mulch tackifier.
(2) Placement of bonded fiber matrix in accordance with Section 213.
(3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in
accordance with Section 213 and with written approval of the engineer.
(4) Application of spray -on mulch blanket in accordance with Section 213. Magnesium
Chloride, Potassium Chloride and Sodium Chloride, or other salt products, shall not
be used as a stabilization method.
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(5) Topsoil stockpiles shall receive interim stabilization unless specified in accordance
with Section 207 as a different material than the other disturbed areas on -site.
(6) Summer and Winter Stabilization. Summer and winter stabilization is defined as
stabilization during months when seeding will not be permitted. As soon as the
Contractor knows shutdown is to occur, interim stabilization shall be applied to the
disturbed area. Protection of the interim stabilization method is required.
Reapplication of interim stabilization may be required as directed.
Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed
areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non -
erodible methods as riprap, road shouldering, etc., or a combination thereof as required by
the Contract. Other permanent stabilization techniques may be proposed by the Contractor,
in writing, and shall be used when approved in writing by the Engineer. All permanent
stabilization requirements shown on the plans shall be completed within four working days
of the placement of the topsoil in accordance with Section 207.
Final Stabilization. Final stabilization is achieved when all ground disturbing activities at the
site have been completed, and uniform vegetative cover has been established with an
individual plant density of at least 70 percent of pre -disturbance levels, or equivalent
permanent physical erosion reduction methods have been employed.
(f) Maintenance. Erosion and sediment control practices and other protective measures identified
in the SWMP as control measures for stormwater pollution prevention shall be maintained in
effective operating condition until the CDPS-SCP has been transferred to Weld County. Control
measures shall be continuously maintained in accordance with good engineering, hydrologic,
and pollution control practices, including removal of collected sediment when silt depth is 50
percent or more of the effective height of the erosion control device. When possible, the
Contractor shall use equipment with an operator rather than labor alone to remove the
sediment.
Maintenance of erosion and sediment control devices shall include replacement of such devices
upon the end of their useful service life as recommended by the Contractor and approved by the
Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to
removal and disposal of sediment or addition of aggregate. Damages resulting from failure to
maintain control measures shall be repaired at the Contactor's expense.
Complete site assessment shall be performed as part of comprehensive inspection and
maintenance procedures to assess the adequacy of control measures at the site and the
necessity of changes to those control measures to ensure continued effective performance.
Where site assessment results in the determination that new or replacement control measures
are necessary, the control measures shall be installed to ensure continuous effectiveness.
When identified, control measures shall be maintained, added, modified or replaced as soon as
possible, immediately in most cases.
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Approved new or replaced control measures will be measured and paid for in accordance with
subsections 208.11 and 208.12. Devices damaged due to the Contractor's negligence shall be
replaced at the Contractor's expense.
From the time seeding and mulching work begins until project acceptance the Contractor shall
maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately
restored. Damage to seeded areas or to mulch materials due to Contractor negligence shall be
immediately restored at the Contractor's expense. Restoration of other damaged areas will be
measured and paid for under the appropriate bid item.
Temporary control measures may be removed upon completion of the project, as determined by
the Water Quality Partial Acceptance walk-through. If removed, the area in which these control
measures were constructed shall be
returned to a condition similar to that which existed prior to its disturbance. Removed control
measures shall become the property of the Contractor.
If the Contractor fails to complete construction within the approved contract time, the Contractor
shall continue erosion and sediment control operations at its expense until acceptance of the
work.
Sediment removed during maintenance of control measures and material from street sweeping
may be used in or on embankment, provided it meets the requirements of Section 203 and is
distributed evenly across the embankment.
Whenever sediment collects on the paved surface, the surface shall be cleaned. Street
washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling,
sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment
capable of collecting sediment. Sweeping with a kick broom will not be allowed.
Material from pavement saw cutting operations shall be cleaned from the roadway surface
during operations using a vacuum. A control measure, such as a berm, shall be placed to
contain slurry from joint flushing operations until the residue can be removed from the soil
surface. Aggregate bags, erosion logs or other permeable control measures shall not be used.
Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with
subsection 107.25(b). Material containment and removal will not be paid for separately but shall
be included in the work.
208.05 Construction of Control Measures. Control measures shall be constructed in
accordance with Standard Plans M-208-1 and M-216-1, and with the following:
(a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil
retention blanket installation shall be performed in accordance with Sections 212, 213, and
216.
(b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes.
(c) Silt Fence. Silt fence shall be installed in locations specified in the Contract.
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(d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract,
and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall
be immediately repaired or replaced at the Contractor's expense.
(e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the
Contract and graded to drain to a designated outlet. The berm shall be sufficiently
compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be
immediately repaired or replaced at the Contractor's expense.
(f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of
permanent facilities or growth of adequate ground cover on the slopes. All temporary slope
drains shall be securely anchored to the slope. The inlets and outlets of temporary slope
drains shall be protected to prevent erosion.
(g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the
areas in which the berms are to be installed such that are they free of materials greater than
2 inches in diameter and are suitably smooth for the installation of the silt berms, as
approved. Silt berms shall be secured with spikes. The Contractor shall install the silt berm
in a manner that will prevent water from going around or under the silt berm. Silt berms shall
be installed on top of soil retention blanket or turf reinforcement blanket.
(h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check
dams shall conform to the dimensions shown on the plans.
(i) Rip rap Outlet Protection. Geotextile used shall be protected from cutting or tearing.
Overlaps between two pieces of geotextile shall be 1 foot minimum. Riprap size shall be as
shown on the plans.
(j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of
the area in which the storm drain inlet protection devices are to be installed such that the
pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2
shall extend a minimum of 1 foot past each end of the inlet.
(k) The Contractor shall remove all accumulated sediment and debris from the surface
surrounding all storm drain inlet protection devices after each rain event or as directed. The
Contractor shall remove accumulated sediment from each Type 11 and III containment area
when it is more than one third full of sediment, or as directed.
The Contractor shall protect storm drain facilities adjacent to locations where pavement
cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet
blasting are to take place.
(I) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to
minimize the potential of pollutants leaving the project site. Locations shall be as shown on
the plans or as directed.
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Sediment traps shall be constructed prior to disturbance of upslope areas and shall be
placed in locations where runoff from disturbed areas can be diverted into the trap.
The area under the embankment shall be cleared, grubbed, and stripped of any vegetation
and roots.
Fill material for the embankment shall be free of roots or other vegetation, organic material,
large stones, and other objectionable material.
Sediment shall be removed from the trap when it has accumulated to one half of the wet
storage depth of the trap and shall be disposed of in accordance with subsection 208.04(f).
(m) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be
embedded so that the top of the stake does not extend past the top erosion log more than 2
inches, at the discretion of the Engineer, a shallower stake depth may be permitted if
adverse site conditions are encountered, e.g. rock or frozen ground.
The Contractor shall maintain the erosion logs during construction to prevent sediment from
passing over or under the logs.
(n) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the
areas in which the silt dikes are to be installed such that they are free of materials greater
than two inches in diameter and are suitably smooth for the installation of the silt dikes, as
approved by the Engineer.
(o) Concrete Washout Structure. The concrete washout structure shall meet or exceed the
dimensions shown on the plans. Work on this structure shall not begin until written
acceptance of location is provided by the Engineer.
Control measures designed for concrete washout waste shall be implemented. If the bottom
of the excavated structure is within 5 feet of anticipated high ground water elevation or the
soil does not have adequate buffering capacity to meet water quality standards, an
impermeable synthetic liner shall be installed with the minimum properties shown in Table
208-5 or use a prefabricated washout. The following requirements shall be met:
(1) The structure shall contain all washout water.
(2) Stormwater shall not carry wastes from washout and disposal locations.
(3) The site shall be located a minimum of 50 horizontal feet away from State waters and
shall meet all requirements for containment and disposal as defined in subsection
107.25.
(4) The site shall be signed as "Concrete Washout".
(5) The site shall be accessible to appropriate vehicles.
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(6) Freeboard capacity shall be included in the structure design to reasonably ensure the
structure will not overtop during or because of a precipitation event.
(7) The Contractor shall prevent tracking of washout material out of the washout structure.
(8) Solvents, flocculants, and acid shall not be added to wash water.
(9) The structure shall be surrounded on three sides by a compacted berm.
(10) The structure shall be fenced with orange plastic construction fencing to provide a
barrier to construction equipment and to aid in identification of the concrete washout
area.
(11) Concrete waste, liquid and solid, shall not exceed % the storage capacity of the
washout structure.
(p) Pre -fabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall
meet the following requirements:
(1) Structure shall contain all washout water. If bins are determined to be leaking, the
Contractor shall replace the bin on -site and clean up the spilled material.
(2) Structure shall be located a minimum of 50 horizontal feet away from State waters and
shall be confined so that no potential pollutants will enter State waters and other
sensitive areas as defined in the Contract. Locations shall be as approved by the
Engineer. The pre -fabricated structure shall be signed as "Concrete Washout". Sign can
be on portable bin.
(3) The site shall be accessible to appropriate vehicles.
(4) Washout bins shall be covered with a tarp tied down to the structure or staked to the
ground when a storm event is anticipated.
(5) Solvents, flocculants, and acid shall not be added to wash water.
(6) Concrete waste, liquid and solid, shall not exceed z/ the storage capacity of the washout
structure.
(7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise
approved.
(8) The concrete washout structure shall be installed and ready for use prior to concrete
placement operations.
(9) Washout areas shall be checked and maintained as required. On site permanent
disposal of concrete washout waste is not allowed.
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All liquid and solid wastes, including contaminated sediment and soils generated from
concrete washout shall be hauled away from the site and disposed of properly at the
Contractor's expense.
Delivery to the site shall not occur until written acceptance is provided by the Engineer
for both the product and the concrete waste disposal facility.
(q) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum
dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction
of approved vehicle tracking pads shall be completed before any disturbance of the area.
The Contractor shall maintain each vehicle tracking pad during the entire time that it is in
use for the project. The vehicle tracking pad shall be removed at the completion of the
project unless otherwise directed by the Engineer. Additional aggregate may be required for
maintenance and will be not paid for separately.
(r) Detention Pond. Permanent detention ponds shown on the construction plans may be used
as temporary control measures if all the following conditions are met:
(1) The pond is designated as a construction control measure in the SWMP.
(2) The pond outfall and outlet are designed and implemented for use as a control measure
during construction in accordance with good engineering, hydrologic, and pollution
control practices.
The stormwater discharges from the outfall shall not cause degradation or pollution of
State waters, and shall have control measures, as appropriate.
(3) All silt shall be removed, and the pond returned to the design grade and contour prior to
project acceptance.
(s) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of
hardscape or compacted gravel. If approved by the Engineer, the aggregate bag may be
placed on compacted dirt areas, where bags conform to the surface and can effectively
minimize sediment transport. Aggregate bags shall not be placed in concentrated flow
areas. Aggregate bags shall be placed to conform to the surface without gaps to ensure
that discharge water does not cause erosion.
(t) Surface roughening. Surface roughening creates horizontal grooves along the contour of the
slope. Roughening may be accomplished by furrowing, scarifying, ripping, or disking the soil
surface to create a 2 to 4 inch minimum variation in soil surface.
(u) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil
surface and creating horizontal grooves and ridges along the contour of the slope. Sandy
soils or soils that are primarily rock need not be tracked.
208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe
and record on the SWMP, all practices implemented at the site to minimize impacts from
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procedures or significant material that could contribute pollutants to runoff. Areas or procedures
where potential spills can occur shall have a Spill Response Plan in place as specified in
subsections 107.25(b) or 208.06(c). Construction equipment, fuels, lubricants, and other petroleum
distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if
the Contractor determines necessary. Equipment fueling and servicing shall occur only within
approved designated areas.
(a) Bulk storage structures. Bulk storage structures for petroleum products and other chemicals
shall have impervious secondary containment or equivalent adequate protection so as to
contain all spills and prevent any spilled material from entering State waters. Secondary
containment shall be capable of containing the combined volume of all the storage
containers plus at least 10 percent freeboard. For secondary containment that is used and
may result in accumulation of stormwater within the containment, a plan shall be
implemented to properly manage and dispose of all accumulated stormwater which is
deemed to be contaminated (e.g., has an unusual odor or sheen).
(b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to
ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement.
Absorbent material or containers approved by the Engineer shall be used to prevent leaking
POL from reaching the soil or pavement. The Contractor shall have onsite approved
absorbent material or containers of sufficient capacity to contain any POL leak that can
reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in
accordance with the Spill Response Plan if unforeseen leakage is encountered. All
materials resulting from POL leakage control and cleanup shall become the property of the
Contractor and shall be removed from the site. Control, cleanup, and removal of by-
products resulting from POL leaks shall be performed at the Contractor's expense.
(c) Spill Response Plan. A spill Response Plan shall be developed and implemented to
establish operating procedures for handling potential pollutants and preventing spills.
The Response Plan shall contain the following information:
(1) Identification and contact information of each Spill Response Coordinator.
(2) Locations of areas on the project site where equipment fueling, and servicing operations
are permitted.
(3) Location of cleanup kits.
(4) Quantities of chemicals and locations stored on site.
(5) Label system for chemicals and Safety Data Sheets (SDS) for products.
(6) Clean up procedures to be implemented in the event of a spill that does not enter State
waters or ground water.
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(7) Procedures for spills of any size that enter surface waters or groundwater or have the
potential to do so. CDOT's Erosion Control and Stormwater Quality Guide contains spill
notification contacts and phone numbers required in the Spill Response Plan.
(8) A summary of the employee training provided.
Information in items (1) through (8) shall be updated in the SWMP when they change.
208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from
State waters and shall be confined so that no potential pollutants will enter State waters and other
sensitive areas as defined in the Contract. Locations shall be approved by the Engineer.
Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the
toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by
the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control
devices on the SWMP.
208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas
within the limits of disturbance shown on the plans and cross -sections. Construction activities, in
addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site
staging, on -site batch plants, haul roads or work access, and all other activities which would disturb
existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer.
Construction activities beyond the limits of disturbance due to Contractor negligence shall be
restored to the original condition by the Contractor at the Contractor's expense. The SWMP
Administrator shall tabulate additional disturbances not identified in the CDPS-SCP application and
indicate changes to locations and quantities on the SWMP. The Contractor shall report the
changes and additional disturbances to the Engineer, Water Quality Control Division of CDPHE,
and all other involved agencies.
The Contractor shall pursue stabilization of all disturbances to completion.
208.09 Regulatory Mechanism for Water Quality. The Engineer will identify and document
findings not in compliance with the Water Quality Specifications, as specified in subsection
208.09(a)(7), during water quality control inspections or observation by the Engineer. The Engineer
will immediately notify the Contractor of these findings by issuing Form 105. Failure by the
Contractor to clarify a finding location with the Engineer shall not interrupt the timelines noted in
subsection 208.09(b).
Timelines noted in subsection 208.09(b) do not indemnify the Contractor from failing to comply with
CDPS-SCP timelines for corrective actions.
(a) Definitions.
1. Compliance Assistance. A low risk event as determined by the Engineer or MS4
Coordinator. Compliance assistance events are not considered Findings and not subject
to the Regulatory Mechanism noted in subsection 208.09(b).
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2. Deferment. A request from the Contractor to the Engineer to delay implementation of
corrective actions for Regular Findings pertaining to Water Quality Specifications.
Deferments may only be granted due to extraordinary circumstances. However, it is at
the Engineer's discretion to approve or reject these requests.
3. Finding. An incident discovered through inspection by Weld County or by Engineer
observation, which is noncompliant with the Water Quality Specifications. A Finding will
be classified as one of the following:
(1) Regular Finding. A situation upon inspection that is in noncompliance with the Water
Quality Specifications.
(2) Severe Finding. A discharge outside the project's Limits of Construction (LOC),
subsection 107.25(a), to State waters or to a live inlet where the pollutant cannot be
reclaimed.
(3) Chronic Finding. A Chronic Finding is assessed when the same Regular Finding at
the same location is documented twice in the last three Headquarters or Region
water quality control inspections. Engineer observed findings outside these
inspections will not apply.
4. Inspection Form 105. The Form 105 issued by the Engineer documenting findings from
water quality inspections in accordance with subsection 208.03(c).
5. Location. The place where the finding was observed; can be a document (e.g.,
stormwater management plan [SWMP]) or physical location. A physical location must be
described with enough detail to guide an independent party to the spot of the finding.
Physical locations must be supported with at least one photograph.
6. Recalcitrance. Contractor has shown willful negligence or misrepresentation or
unwillingness to adhere to the Water Quality Specifications.
7. Water Quality Specifications. Subsection 107.25, Sections 208, 213 and 216, and
Standard Plans M-208-1 and M-216-1.
(b) Liquidated Damages and Stop Work Orders. The Contractor will be subject to Liquidated
Damages for incidents of failure to comply with the Water Quality Specifications and implement
corrective actions to resolve noncompliance in the time frame established in subsection
208.09(b and c). Liquidated damages are for the Contractor's failure to comply with the Water
Quality Specifications.
Liquidated damages will accumulate for each finding, for each cumulative day that the finding
remains uncorrected. Liquidated damages associated with incidents pertaining to this
subsection do not indemnify the Contractor of other Liquidated Damages associated with this
project.
In addition to Liquidated Damages, the Contractor will be subject to a project -wide Stop Work
Order for recalcitrance and the Engineer may, in writing, issue a Stop Work Order for Chronic
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and Severe Findings in accordance with subsection 105.01. A Stop Work Order shall not result
in the stopping of the Contract Time. Issuance of a Stop Work Order shall not be considered a
valid reason for the Contractor asking for additional Contract Time.
Findings are closed when the corrective action is complete, reported to the Engineer and
accepted by the Engineer. The Engineer will notify the Contractor when the corrective action is
accepted or denied. Liquidated damages will be assessed by the type of finding as follows and
will continue until the corrective action is approved by the Engineer.
1. Regular Finding. The time required to repair a Regular Finding shall begin at 11:59 PM on
the date the Inspection Form 105 is issued. The Contractor shall have no more than a 24 -
hour grace period to correct the Regular Finding before Liquidated Damages are assessed.
The grace period extends until 11:59 PM on the day after the Inspection Form 105 was
issued.
The Engineer will issue a Form 105 notifying the Contractor that Liquidated Damages are
accruing at $1,500 per day per finding for each full or partial calendar day a Regular Finding
remains uncorrected after the 24 -hour grace period. At 11:59 PM on the 2nd day after the
Form 105 was issued, each uncorrected, undeferred Regular Finding will be assessed as
recalcitrant and the Engineer will issue a project -wide stop work order. The Contractor shall
fix each recalcitrant finding and submit a plan to avoid future instances of each recalcitrance
to the Engineer for approval. The recalcitrance plan shall be in writing, signed by the
Contractor and shall include:
(1) Each Recalcitrant Finding
(2) Why the corrective action for each Recalcitrant Finding was not implemented within 2
days.
(3) How the Contractor will avoid future recalcitrance.
The Engineer will discuss the recalcitrance plan and may meet with the Superintendent to
recommend modifications, if needed. The Engineer will issue a Form 105 accepting or rejecting
the recalcitrance plan within 24 hours of the Contractor submitting a plan or resubmitting a
modified plan.
The Contractor will neither be reimbursed for costs incurred to fix each Recalcitrant Finding
pertaining to a control measure in the SWMP plan nor costs to prepare the recalcitrance plan.
The Contractor shall propose additional control measures, if needed, according to subsection
208.04(a). The project -wide Stop Work Order and Liquidated Damages will be assessed until
approval of the corrective action for
each Recalcitrant Finding and approval of the Contractor's recalcitrance plan by the Engineer is
given. After written approval by the Engineer, the project -wide Stop Work Order will be lifted,
and accrual of Liquidated Damages will cease.
If the Contractor fails to perform corrective work by the end of the second day, the County shall
have the option of utilizing a third -party to complete the corrective work. The Contractor shall be
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responsible for reimbursing the County the cost of utilizing a third -party to complete the
corrective work. The cost for utilizing a third -party to complete the corrective work will be
deducted from the month's pay application. If only the retainage release pay application is left
to close out the project, the cost of corrective work will be deducted from the retainage release
payment. If the retainage release payment does not cover the cost of the corrective work, the
Contractor will be invoiced for the outstanding balance. The project acceptance and warranty
period will not start until the Contractor has reimbursed the County for the entire cost of the
corrective work. Failure by the Contractor to perform corrective work shall be grounds for
withholding progress payments.
2. Severe Finding. In response to a Severe Finding, the Engineer will issue Inspection Form
105 and immediately assess Liquidated Damages of $3,500 per Severe Finding. Severe
Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)1).
Liquidated damages will accrue at $3,500 per Severe Finding per calendar day beginning at
11:59 PM of day the Inspection Form 105 is issued.
(2) If the Severe Finding is a discharge to State waters, the Contractor shall prevent any further
discharge and shall reclaim discharge which has not yet entered State waters. The
Contractor shall report the discharge to CDPHE in accordance with CDPS-SCP
requirements.
(3) If the Severe Finding is a discharge outside the LOC that does not enter State waters, the
Contractor shall fully reclaim the discharge before it enters State waters and implement
relevant CDPS-SCP noncompliance notification procedures.
The Engineer may require the Contractor to submit a plan for permanent stabilization of
disturbed areas outside the LOC per 208.04(e)4 for approval. Permanent stabilization plans
pertaining to Severe Findings and subsequent stabilization activities are not subject to
208.09(b).
The Contractor shall not be reimbursed for activities undertaken to reclaim the discharge,
stabilize areas outside the LOC and implement relevant CDPS-SCP noncompliance notification
procedures.
If the Contractor fails to immediately perform corrective work, the County shall have the option
of utilizing a third -party to complete the corrective work. The Contractor shall be responsible for
reimbursing the County the cost of utilizing a third -party to complete the corrective work. The
cost for utilizing a third -party to complete the corrective work will be deducted from the month's
pay application. If only the retainage release pay application is left to close out the project, the
cost of corrective work will be deducted from the retainage release payment. If the retainage
release payment does not cover the cost of the corrective work, the Contractor will be invoiced
for the outstanding balance. The project acceptance and warranty period will not start until the
Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the
Contractor to perform corrective work shall be grounds for withholding progress payments.
3. Chronic Finding. In response to a Chronic Finding, the Engineer will issue Inspection Form
105 and immediately assess Liquidated Damages of $1,500 per Chronic Finding. Chronic
Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)).
PSP78
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