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Home My WebLink About20213300.tiffMEMORANDUM TO: Esther Gesick, CTB DATE: December 27, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: B2100137 — CR 80 & CR 37 Intersection Project Please place the attached contract on the BOCC consent agenda for an upcoming 9 am hearing. The contract is for the construction of the CR 80 and CR 37 Intersection project. The Board awarded the contract to Structures Inc. on December 20, 2021. The contract id is 5488. The Tyler reference number is 2021-3300. The contract is for an amount not to exceed $5,368,711.65. The contract amount is also included in the 2021 and 2022 Public Works budget. I will plan on attending the meeting to answer any questions. conSehi—P9e) 1212q 21 ec. o -20b0-4( ic2s:29A)-1 J621-3300 EC-i 0019 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & STRUCTURES, INC. CR 80 & CR 37 INTERSECTION PROJECT THIS AGREEMENT is made and entered into this 241t41 day of PPY)0/00-eY, 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and Structures, Inc., 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 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"). Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100137". The RFB contains all the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by 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 the 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 execution of this Agreement, 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 the 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 the 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 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 materials 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 construction of the Project, and County's acceptance of the same, County agrees to pay an amount not to exceed $5,368,771.65, 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. 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 Services 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 construction services 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 construction services 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 construction 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 or 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. 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. 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. 1 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. 2. 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. 3. 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. 4. 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: Structures, Inc. Name: Tom Jackson, P.E. Position: President Address: 4 Inverness Court East Address: Suite 250 Englewood, CO 80112 E-mail: Tom@structuresinc.net Phone: 720-943-3051 County: Weld County Public Works Name: Clay Kimmi, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: ckimmi@weldgov.com Phone: 970-400-3741 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 contract 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 contract. 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 the public contract for services 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. 34. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledges and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this o(Vt1' day of ( 6- , 2021. CONTRACTOR: 51712-ttc-f u nS/,(i�kc By: Name: 77400AS a SAccSow Title: PANS ID 11.4_r WELD CO N Y: G( ATTEST: ��,.,rt _ . J Weld County Clerk to the Board B Deputy Clerk to the Board ��•teve Moreno, Chair Date of Signature BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO DEC 2 9 2021 obCa./- 33co EXHIBIT A BID REQUEST NO. B2100137 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR CR 80 AND CR 37 INTERSECTION PROJECT October 27, 2021 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following forms and provisions take precedence over plan drawings and supplement the 2021 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: *AII Bidders must submit these forms with their Bid. **Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Invitation for Bids 3 Instructions to Bidders 4-13 Bid Proposal 14-15 *Bid Schedule 16-21 *Bid Bond 22 *IRS Form W-9 23 * Statement of Qualifications and Contractors 24-27 **Contractor's Performance Capability Statement (Weld Form #605) 28 *Non -Collusion Form 29 *Assignment of Antitrust Claims (Weld Form #621) 30 *Debarment and Suspension Certification 31 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 32 *Agreement 33-43 *Performance Bond 44-45 *Labor and Materials Payment Bond 46-47 Notice to Proceed 48 Change Order (Example) 49 Certificate of Substantial Completion 50 Lien Waiver (General Contractor) 51 Final Lien Waiver (Subcontractors) 52 Notice of Acceptance 53 WELD COUNTY PROJECT SPECIAL PROVISIONS: Project Special Provisions Index 54 Project Special Provisions 55-200 CDOT STANDARD SPECIAL PROVISIONS Standard Special Provisions Index 201 Standard Special Provisions 202-225 ADDITIONAL DOCUMENTS: Construction Plan Set Separate Document M&S Standard Revisions Separate Document Geotechnical Report Separate Document 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: OCTOBER 27, 2021 BID NUMBER: B2100137 DESCRIPTION: CR 80 AND CR 37 INTERSECTION PROJECT MANDATORY PRE -BID CONFERENCE DATE: NOVEMBER 9, 2021 AT 10 AM FINAL DATE FOR ASKING QUESTIONS: NOVEMBER 22 AT 7 AM FINAL DATE FOR FINAL ADDENDUM: NOVEMBER 23 AT 5 PM BID DEADLINE DATE: NOVEMBER 29, 2021 AT 10 AM BID OPENING CONFERENCE CALL: NOVEMBER 29, 2021 AT 10:30 AM ANTICIPATED BID PRESENTATION TO BOCC: DECEMBER 1, 2021 ANTICIPATED BID AWARD BY BOCC: DECEMBER 15, 2021 ANTICIPATED NOTICE TO PROCEED: DECEMBER 22, 2021 COMPLETION DATE: JUNE 15, 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: CR 80 & CR 37 Intersection Project The project in general consists of construction of a new bridge, demolition of an existing bridge, realigning an existing intersection, and paving a new roadway. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, pavement, and the construction of a new bridge. A mandatory pre -bid conference will be held at 10:00 AM., on Tuesday, November 9, 2021, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley, CO. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631, until: 10:00 AM on November 29, 2021 (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on November 29, 2021 at 10:30 AM (MDT). To join, call the phone number and enter the conference ID provided below. PHONE NUMBER: (720) 439-5261 CONFERENCE ID: 495644557# 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 PAGE 15. 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 3 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. Did Delivery to Weld County Emailed bids are required. Bids shall be emailed to: bids(weldaov.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 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: 4 • Request for Bid • Contractor's Response to the Bid • All Addendums • All Appendices • All Exhibits • 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: 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 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 5 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. 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 lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. 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 Bidders shall submit a list of all Subcontractors he 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 Bidders 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 bidder agrees that the signed bid submitted, all the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder'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 RFB. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder 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 Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS 6 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. 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 Bidder shall include in his Bid such sums as he 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 Bidder shall by careful examination, satisfy himself 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 Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder 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 Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder 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 Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder 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. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder shall deliver to County, a written notarized affirmation that it has 7 examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 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 8 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) 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 9 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, 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. 10 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 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: 11 (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. 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). 12 (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. 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. 13 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: CR 80 & CR 37 Intersection Project 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, 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. 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. 14 All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. All proposals must be received by 10:00 AM (Purchasing Clock) on the due date. 15 BID TABULATION ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST. 201-00001 CLEARING AND GRUBBING AC 10.7 202-00010 REMOVAL OF TREE EA 1 202-00025 REMOVAL OF CONCRETE DITCH LF 1,777 202-00035 REMOVAL OF PIPE LF 199 202-00155 REMOVAL OF ROCK WALL LF 160 202-00200 REMOVAL OF CONCRETE SIDEWALK & DRIVEWAY SY 160 202-00220 REMOVAL OF ASPHALT MAT (FULL DEPTH) SY 2,699 202-00400 REMOVAL OF BRIDGE EA 1 202-00810 REMOVAL OF GROUND SIGN EA 3 202-01000 REMOVAL OF FENCE (VINYL) LF 128 202-01000 REMOVAL OF FENCE (STEEL) LF 696 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1,413 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 22,547 203-00100 UNSUITABLE MATERIALS (MUCK) CY 4,039 203-00500 ROCK FILL (57-67) CY 1,800 203-00510 ROCK FILL (3" MINUS) CY 1,800 203-01500 BLADING HR 40 203-01510 BACKHOE HR 40 203-01550 DOZING HR 40 203-01597 POTHOLING HR 40 203-02330 LABORER HR 40 206-00000 STRUCTURE EXCAVATION CY 1,208 206-00065 STRUCTURE BACKFILL (FLOW -FILL) (WELD COUNTY MIX) CY 735 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 218 207-00205 TOPSOIL CY 6,878 207-00210 STOCKPILE TOPSOIL CY 5,114 208-00002 EROSION LOG TYPE 1 (12-INCH)(10-FOOT) LF 2,805 208-00020 SILT FENCE LF 330 208-00045 CONCRETE WASHOUT STRUCTURE (LINED) EA 1 208-00054 STORM DRAIN INLET PROTECTION (TYPE II) EA 17 208-00070 VEHICLE TRACKING PAD EA 4 16 ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 20 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 20 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 40 208-00107 REMOVAL OF TRASH HR 40 208-00207 EROSION CONTROL MANAGEMENT (ECM) DAY 120 208-00300 TEMPORARY BERMS LF 3,397 208-10000 STABILIZED STAGING AREA EA 1 209-00605 DUST PALLIATIVE (MAGNESIUM CHLORIDE)(SPECIAL GAL 23,200 210-00010 RESET MAILBOX STRUCTURE EA 1 210-00066 RESET MONUMENT BOX EA 1 212-00050 SOD SF 3,873 212-00702 BIOTIC EARTH BLACK (HGM) AC 9.0 212-00706 SEEDING (NATIVE) DRILL AC 9.0 213-00004 MULCHING (WEED FREE STRAW) AC 9.0 216-00201 SOIL RETENTION BLANKET (STRAW -COCONUT) (BIODEGRADABLE CLASS 1) SY 237 240-00010 REMOVAL OF NESTS HR 20 240-00020 NETTING SY 70 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 3,033 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 3,303 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON 1,602 420-00132 GEOTEXTILE (MIRAFI RS580i) SY 13,891 501-00000 STEEL SHEET PILING (TYPE I) SF 7500 502-00460 PILE TIP EA 26 502-08625 STEEL PIPE PILING ( 12.75 X 0.5 INCH) LF 1,346 506-00212 RIPRAP (12 INCH) CY 231 515-00120 WATERPROOFING (MEMBRANE) SY 198 601-03000 CONCRETE CLASS D CY 71 601-03040 CONCRETE CLASS D (BRIDGE) CY 166 601-03050 CONCRETE CLASS D (WALL) CY 27 601-40300 STRUCTURAL CONCRETE COATING SY 472 602-00020 REINFORCING STEEL (EPDXY COATED) LB 17,541 603-01155 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 290 603-01180 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 231 17 ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 603-03150 15 INCH HORIZONTAL EQUIVALENT REINFORCED CONCRETE PIPE LF 71 603-05015 15 INCH REINFORCED CONCRETE END SECTION EA 10 603-05018 18 INCH REINFORCED CONCRETE END SECTION EA 4 603-83106 6 INCH C900 PVC LF 108 606-00301 GUARDRAIL TYPE 3A LF 94 606-01390 END ANCHORAGE TYPE 3K EA 4 606-01400 TRANSITION TYPE BR10M-GR3 EA 4 606-02005 END ANCHORAGE (FLARED) EA 2 606-11035 BRIDGE RAIL TYPE 10 MASH LF 66 607-01010 TEMPORARY BARBED WIRE FENCE LF 611 607-11525 FENCE (PLASTIC) LF 50 612-00002 DELINEATOR (TYPE II) EA 18 612-00003 DELINEATOR (TYPE III) EA 4 613-00200 2 INCH ELECTRICAL CONDUIT LF 172 614-00011 SIGN PANEL (CLASS I) SF 58 614-00218 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 72 614-01500 STEEL SIGN SUPPORT (2.25x2.25 SQUARE) EA 6 615-65005 IRRIGATION DIVERSION STRUCTURE LS 2 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 1,723 619-10080 8 INCH WELDED STEEL PIPE LF 54 619-10120 12 INCH SCH 40 STEEL CASING W/6" SPACERS (SPECIAL) LF 102 620-00002 FIELD OFFICE (CLASS 2) EA 1 620-00020 SANITARY FACILITY EA 1 623-09900 SPRINKLER SYSTEM LS 1 625-00000 CONSTRUCTION SURVEYING LS 1 626-00000 MOBILIZATION / DEMOBILIZATION LS 1 627-00005 EPDXY PAVEMENT MARKING GAL 67 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (WORD -SYMBOL) SF 51 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP LINE) SF 64 627-02010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE II) (INLAID) SF 1,073 630-00016 TRAFFIC CONTROL (SPECIAL) LS 1 PAY ITEM SUBTOTAL ($) FORCE ACCOUNT ITEMS 18 ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 700-70010 *F/A MINOR CONTRACT REVISIONS FA 1 $350,000.00 $350,000.00 700-00012 *F/A ASPHALT PAVEMENT INCENTIVE FA 1 $ 20,000.00 $ 20,000.00 700-00016 *F/A FUEL COST ADJUSTMENT FA 1 $ 7,500.00 $ 7,500.00 700-00018 *F/A ROADWAY SMOOTHNESS INCENTIVE FA 1 $ 18,000.00 $ 18,000.00 700-70038 *F/A DEWATERING FA 1 $ 50,000.00 $ 50,000.00 700-70380 *F/A EROSION CONTROL FA 1 $ 30,000.00 $ 30,000.00 FORCE ACCOUNT SUBTOTAL ($) TOTAL BID PRICE WITHOUT OPTION 1 ($) TOTAL BID PRICE WITHOUT OPTION 1 WRITTEN WORDS: BID OPTION 1 - HMA MILL AND OVERLAY (EACH BIDDER MUST PROVIDE A PRICE FOR THE ITEMS BELOW. FAILURE TO PROVIDE A PRICE WILL RESULT IN THE BID BEING DECLARED UNRESPONSIVE) 202-00241 REMOVAL OF ASPHALT MAT (PLANING) (2 INCHES) SY 4,605 304-09000 AGGREGATE BASE COURSE (2 FEET WIDE SHOULDER MATERIAL)(RAP) CY 88 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) (2 INCHES) TON 508 614-00011 SIGN PANEL (CLASS I)(W8-6 TRUCK CROSSING) SF 12.5 614-00220 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 19 614-01500 STEEL SIGN SUPPORT (2.25x2.25 SQUARE) EA 2 627-00005 EPDXY PAVEMENT MARKING GAL 4.5 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP BAR & RR BARS) SF 78 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (RAILROAD XING) SF 69 BID OPTION 1 SUBTOTAL PRICE ($): TOTAL BID PRICE WITH OPTION 1 ($): TOTAL BID WITH OPTION 1 PRICE WRITTEN WORDS: * Indicates these items are to be included in the project total and project bonds. 19 NOTE: The following are items of work to be completed by Weld County: • Materials Owner Acceptance 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. Date: By: Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: 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. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 2. Performance of each and every portion of the Work is included as part of the Contractor's Price. 3. 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. 4. 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. 5. 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. 6. 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. 7. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 8. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100137 9. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 10. 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 20 by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 11. 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 DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **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 -15. 21 *BID BOND PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021 for the CR 80 & CR 37 INTERSECTION PROJECT, 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 ,2021 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: Signature: Title: ATTEST: By: Surety Signature: Title: ATTEST: By: Witness: Printed Name: Witness: Printed Name: 22 Form IN -9 (Rev. August 2013) Depatment of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, it different from above Check appropriate box for federal tax classification: ❑ IndividuaVsole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited Viability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions)* Trust/estate ► Exemptions Exempt payee Exemption code Of any) (see instructions): code (if any) from FATCA reporting Address (number, street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sae proprietor, or disregarded entity, see the Part I instructions on page 3. For other 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. lithe account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number Employer identification number Part II Certification 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. Sign Here Signature of 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 3. Claim exemption from backup withholding if you are a U.S. exempt payee. ff applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA codes) entered on this form (if 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. dtizen 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 ri the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) 23 *STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the bidder who provides the best value as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Proposer: 2. Type of Entity: 3. Permanent main office address: Phone Number: Fax Number: 4. Year Company was organized: 5. Number of years this Company has been engaged similar construction: 6. Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 7. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Project Name Contract Amount Completion Date 8. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 24 9. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 10. List all contracts within the last three years during which or after which the Company filed a protest with the owner. 11. List all contracts within the last three years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 12. Has any owner, as party to any of the Company's contracts within the last three years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 13. Describe all contracts that the Company failed to complete. 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. 15. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 25 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 16. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 17. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. PERTINENT NAME TITLE YRS. EXPERIENCE 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. 26 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of , 2021. being duly sworn, deposes and says that he is (Name) Of , and that the (Title) (Company Name) answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this (SEAL) day of , 2021. 27 Weld County CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # 1. List names of partnerships or joint ventures ❑ none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to Weld County. (Attach additional sheets if necessary.) a. Key personnel changes ❑ none b. Key equipment changes ❑ none c. Fiscal capability changes (legal actions, etc.) ❑ none d. Other changes that may effect the contractors ability to perform work. ❑ none 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 CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name By Date Title 2nd Contractor's firm or company name (if joint venture) By Date Title orm 28 *NON -COLLUSION FORM (To be signed by authorized signatory(ies) of Proposer) STATE OF )SS: COUNTY OF Each of the undersigned, being first duly sworn, deposes and says that: A. The undersigned, being first duly sworn, deposes and says that (he/she) is the (Title) of (company name) , which entity is a (shareholder, partner, joint venture member or other) of (Proposer's name) , a (corporation, partnership, limited liability company, joint venture or other) , the entity making the foregoing Proposal, and that the answers to the foregoing questions and all other statements therein are true and correct. B. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, joint venture, limited liability company or corporation; the proposal is genuine and not collusive or sham; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any Proposer or anyone else to put in a sham proposal or that anyone shall refrain from proposing; the Proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the prices of the Proposer or any other Proposer, or to fix any overhead, profit or cost element included in the proposal, or of that of any other Proposer, or to secure any advantage against Weld County of anyone interested in the proposed Contract; all statements contained in the proposal are true; and, further, the Proposer has not, directly or indirectly, submitted its prices, any breakdown thereof, AREs included in the Proposal, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, joint venture, limited liability company, organization, proposal depository or any member, partner, joint venturer or agent thereof to effectuate a collusive or sham proposal. C. The Proposer will not, directly or indirectly, divulge information or data regarding the price or other terms of its proposal to any other Proposer, or seek to obtain information or data regarding the price or other terms of any other proposal, until after Award of the Contract or rejection of all proposals and cancellation of the RFP. [Duplicate or modify this form as necessary so that it accurately describes the entity making the proposal and so that it is signed on behalf of all partners, members or joint ventures of the Proposer.] (Name of Company) (Name of Company) (Signature) (Signature) (Name Printed) (Name Printed) (Title) (Title) Subscribed and sworn to before me this day of 2021. Notary Public in and for [Seal] said County and State My commission expires: 29 PROJECT NO Weld County ASSIGNMENT OF ANTITRUST CLAIMS Contractor and Weld County recognize that in actual economic practice antitrust violations ultimately impact on Weld County. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to Weld County any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by Weld County pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to Weld County hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to Weld County, and (2) Weld County that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to Weld County; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to Weld County hereunder; and c. Promptly to pay over to Weld County its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to Weld County hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to Weld County (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor's obligations to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to Weld County hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to Weld County, and (2) Contractor and Weld County that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to Weld County; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to Weld County hereunder; and d. Promptly pay over to Weld County its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to Weld County pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. Contractors firm or company name By Date Title 2nd contractors firm or company name. (If joint venture.) By Date Tine Weld Form #621 1120 30 *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 31 **NOTICE OF AWARD To: Project Description: CR 80 & CR 37 INTERSECTION PROJECT The project in general consists of construction of a new bridge, demolition of an existing bridge, realigning an existing intersection, and paving a new roadway. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, pavements, and the construction of a new bridge. 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 two originals 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 , 2021 Weld County, Colorado, Owner By: Clay Kimmi, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2021 By: Title: 32 WELD COUNTY AGREEMENT (SAMPLE) FOR CONS BET 11.1 EEN ELD COUI l`TTY & RUC CR SO & CR 37 I ° TERSECTHON PROJECT ON SE fi\ VICES THIS AGREEMENT is made and entered into this day of , 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and , hereinafter referred to as "Contractor". \Ai HERES, 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 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"). Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100137". The RFB contains all the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service r Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by 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 the 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 execution of this Agreement, 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. 33 4. Terminati D n; -reach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to the 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 the 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 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 materials 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. Externsion or kkfodificatoono 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. 6e Cornperisati n/Contract Amrunte Upon Contractor's successful completion of the construction of the Project, 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 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, 34 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. 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 Services 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 construction services 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 construction services 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 35 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 construction 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 or 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. 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. 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 36 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 37 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: 38 Contractor: Name: Position: Address: Address: E-mail: Phone: County: Weld County Public Works Name: Clay Kimmi, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: ckimmi@weldgov.com Phone: 970-400-3741 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 contract 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. 39 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 contract. 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 the public contract for services 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. 40 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. 34. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledges and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2021. CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO Date of Signature BY: Deputy Clerk to the Board Steve Moreno, Chair 41 **PERFORMANCE BOND (PAGE 1 OF 2) PROJECT DESCRIPTION: CR 80 & CR 37 INTERSECTION PROJECT 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 2021, a copy of which is hereto attached and made a part hereof for the construction of: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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. 42 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021. Contractor (Contractor) Secretary (SEAL) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) Attorney -in -Fact (Address) 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. 43 **LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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 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. 44 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) 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. 45 NOTICE TO PROCEED To: Date: PROJECT: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is, therefore Clay Kimmi, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2021. By Title 46 CHANGE ORDER NO. (EXAMPLE) Date: PROJECT: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137 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: Clay Kimmi, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chairperson 47 CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor: Contract For: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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 14 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: Date: Engineer: Date: Contractor: Date: 48 LIEN WAIVER (GENERAL CONTRACTOR) TO: Weld County Public Works Attn: Clay Kimmi, 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: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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 by My commission expires: Notary Public day of , 2021, 49 LIEN WAIVER (SUBCONTRACTORS) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021, 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. 50 NOTICE OF FINAL ACCEPTANCE TO: Date: RE: PROJECT: CR 80 & CR 37 INTERSECTION PROJECT described in Bid No. B2100137. 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 begin on the date of this acceptance. By: Clay Kimmi, 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 2021. 51 PROJECT SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2021 Standard Specifications for Road and Bridge Construction (as amended), the latest edition of the CDOT Field Materials Manual (as amended), and the latest edition of the CDOT Construction Manual (as amended) provide the standards and specifications for the construction of this project. The latest revisions to formerly issued Standard Special Provisions (SSP) and Project Special Provisions (PSP) that modify the CDOT 2021 Standard Specifications for Road and Bridge Construction are hereby incorporated by reference. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications, the SSP, the PSP, and plans. The Basis of Payment shall be based on the Bid Tabulation. The Method of Measurement and Basis of Payment provisions set forth in the Specifications and Project Special Provisions are superseded by the Bid Tabulation and the units of measure set forth therein. WELD COUNTY PROJECT SPECIAL PROVISIONS INDEX Date Pages Notice to Bidders (October 1, 2021) 54 Commencement and Completion of Work (October 1, 2021) 55 Revision of Section 101 — Definition of Terms (October 1, 2021) 56-57 Revision of Section 102 — Bidding Requirements and Conditions (October 1, 2021) 58 Revision of Section 103 — Award and Execution of the Contract (October 1, 2021) 59 Revision of Section 104 - Scope of Work (October 1, 2021) 60-62 Revision of Section 105 — Control of Work (October 1, 2021) 63-68 Revision of Section 106 — Control of Material (October 1, 2021) 69-78 Revision of Section 107 — Legal Relations and Responsibility to Public (October 1, 2021) 79-82 Revision of Section 108 — Prosecution and Progress (October 1, 2021) 83-85 Revision of Section 109 — Measurement and Payment (October 1, 2021) 86-88 Revision of Section 201 - Clearing and Grubbing (October 1, 2021) 89 Revision of Section 202 — Removal of Trees and Trimming (October 1, 2021) 90-91 Revision of Section 202 - Removal of Bridge (October 1, 2021) 92-96 Revision of Section 202 — Removal of Structures and Obstructions (October 1, 2021) 97-99 Revision of Section 203 - Excavation and Embankment (October 1, 2021) 100-103 Revision of Section 206 — Excavation and Backfill for Structures (October 1, 2021) 104-105 Revision of Section207 - Topsoil - ` (October 1, 2021) 106-107 Revision of Section 208 — Erosion Control (October 1, 2021) 108-114 Revision of Section 209 — Watering and Dust Palliatives "' (October 1, 2021) 115 Revision of Section 210 — Reset Structures (October 1, 2021) 116 Revision of Section 211 — Dewatering (October 1, 2021) ' ` 117-120 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner and Sodding (October 1, 2021) 121-128 Revision of Section 213 — Mulching (October 1, 2021) 129 Revision of Section 216 — Soil Retention Covering (October 1, 2021) 130-131 Revision of Section 240 — Protection of Migratory Birds (Biological Work Performed by the Contractor's Biologist) (October 1, 2021) 132-134 Revision of Sections 304 and 703 —Aggregate Base Course (October 1, 2021) 135-137 Revision of Section 401 — Plant Mix Pavements — General (October 1, 2021) 138 Revision of Section 403 — Hot Mix Asphalt (October 1, 2021) 139-141 Revision of Section 411 — Bituminous Materials (October 1, 2021) 142 Revision of Sections 420 and 712 — Geosynthetics (October 1, 2021) 143-145 Revision of Section 506 — Riprap (October 1, 2021) 146 Revision of Section 506 — Geogrid Reinforcement for the Roadway Embankment (October 1, 2021) 147-150 Revision of Section 601 - Structural Concrete (October 1, 2021) 151-169 Revision of Section 602 — Reinforcing Steel (October 1, 2021) 170 52 WELD COUNTY PROJECT SPECIAL PROVISIONS INDEX Date Pages Revision of Section 603 — Culverts and Sewers (October 1, 2021) 171 Revision of Section 606 — Guardrail (October 1, 2021) 172 Revision of Section 607 — Fences (October 1, 2021) 173 Revision of Section 612 — Delineators and Reflectors (October 1, 2021) 174 Revision of Section 614 — Traffic Control Devices (Ground Sign Posts) (October 1, 2021) 175-176 Revision of Section 615 — Water Control Devices (October 1, 2021) 177 Revision of Section 618 — Prestressed Concrete (October 1, 2021) 178 Revision of Section 619 — Water Lines (October 1, 2021) 179 Revision of Section 620 — Field Facilities (Field Office Class 2) (October 1, 2021) 180-183 Revision of Section 623 — Irrigation System (October 1, 2021) 184 Revision of Section 624 — Drainage Pipe (October 1, 2021) 185 Revision of Section 625 — Construction Surveying (October 1, 2021) 186-187 Revision of Section 626 — Mobilization (October 1, 2021) 188 Revision of Section 630 — Traffic Control Management (October 1, 2021) 189-191 Revision of Section 632 — Night Work Lighting (October 1, 2021) 192-194 Force Account Items (October 1, 2021) 195 General 404 Permit (October 1, 2021) 196 Traffic Control Plan — General (October 1, 2021) 197 Utilities Coordination (October 1, 2021) 198-199 Irrigation Coordination (October 1, 2021) 200 53 October 1, 2021 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent 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 with an authorized Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 24 hours in advance of the time they wish to go over the project. Information regarding the project may be obtained from the following authorized representatives. Clay Kimmi, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3741 ckimmi@weldciov.com Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3749 ddunker@weldgov.com The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. A mandatory pre -bid meeting will be held on November 9, 2021 beginning at 10 a.m. at 1111 H St, Greeley, CO 80632, Public Works Conference Room. Bids will be accepted only from bidders who attend the mandatory pre -bid conference. Questions received from bidders along with Weld County responses will be posted on the BidNet Direct website as an addendum to the bid documents. If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will address the question or clarification. The Engineer will keep the bidder's innovation confidential and will not share this information with other bidders. The Engineer will determine whether questions are innovative or proprietary in nature. If the Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Engineer will not answer the question and the question will not be documented on the website. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be posted on the BidNet Direct website. If the Engineer agrees that a question warrants confidentiality, the Engineer will answer the question, and keep both question and answer confidential. Weld County will keep a record of both question and answer in their confidential file. All questions shall be directed to the contacts listed above no later than 7:00 A.M. Monday of the week of bid opening. Final questions and answers will be posted no later than Tuesday morning of bid opening week. END OF SECTION 54 October 1, 2021 1 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 by June 15, 2022 unless the period for completion is extended otherwise by the County. The work is a completion date contract. One calendar day of contract time will be assessed for each calendar day from the date that Contract time starts excluding Saturdays, Sundays, and holidays (except with written approval). No weather days or less than full time charges days will be granted in this contract. Section 108 of the Standard Specifications is hereby revised for this project as follows: Salient features to be shown on the Contractor's Progress Schedule are: 1. Construction Surveying 3. Removals 5. Pipe Installations 7. Erosion Control Installations (Interim and Final) *'aact End 9. Traffic Control Plans and Phasing Details 11. Signage and Striping Revisions of the salient features may be made with the written approval of the Engineer. Subsection 108.03 shall include the following: The Contractor's progress schedule shall be updated weekly at the weekly progress meeting which is to be held by the Contractor. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. END OF SECTION 55 October 1, 2021 1 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 2021. Where the Contract Documents, Weld County Project Special Provisions, CDOT Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. 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 101.02 shall include the following: "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Department" shall mean the Weld County Public Works Department. "Engineer" shall mean the Weld County Public Works Director or designated representative. 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 & Tuesday, July 4 & 5, 2022) Labor Day (Monday, September 5, 2022) Veterans Day (Friday, November 11, 2022) Thanksgiving (Thursday & Friday, November 25 & 26, 2022) Christmas (Friday and Monday, December 23 & 26, 2022) When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. "Pre -construction Conference" shall mean a meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. "Roadway Prism" shall be defined as the prism of embankment extending from the toe of embankment slope to the opposite toe of embankment slope. 56 October 1, 2021 2 REVISION OF SECTION 101 DEFINITION OF TERMS "State" shall mean Weld County. "Subcontractor" shall be defined as an individual, firm, corporation, or other legal entity to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, or corporation who meets one or both of the following criteria: a. Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2(1) (1) and 29 CFR 5.2(1) (2). b. Performs work that is incorporated within the Project limits. " Supplier" shall mean an individual, firm, or corporation who meets one or both of the following criteria: a. Fabricates or processes a material not on the site of work per 29 CFR 5.2(1) (3). b. Delivers material directly to the project. In both cases, the material shall be intended for permanent incorporation into the worksite. "Substantial completion" shall mean the completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County in its sole discretion, may be placed on the punch list. END OF SECTION 57 October 1, 2021 1 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 102.02 and replace with the following: 102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com. The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals. "All bidders on the projects shall submit bids by the following method: Did Delivery to Weld County: Emailed bids are required. Bids may be emailed to: bidsaweldgov.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. The plans, specifications, and other documents designated in the proposal form, shall be considered a part of the proposal. Subsection 102.05 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 58 October 1, 2021 1 REVISION OF SECTION 103 AWARD & EXECUTION OF CONTRACT CONSIDERATION OF PROPOSALS (LCPTRACKER NOT USED) Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be evaluated, and the Contract awarded or rejected in accordance with the "Rules" referenced in subsection 102.01 The lowest responsible bidder shall submit a completed CONTRACTORS PERFORMANCE CAPABILITY STATEMENT, Form 605, and a completed ASSIGNMENT OF ANTITRUST CLAIMS, Form 621 to the Award Officer prior to 4:30 P.M. on the fifth calendar day after the bid opening. Failure to submit the Forms 605 and 621 may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guaranty. END OF SECTION 59 October 1, 2021 1 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: (a) Differing Site Conditions. 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. 11. High water levels in the river due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the river in order to meet the project completion date. 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 notification, 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. Subsections 104.02(c)(1) and 104.02(c)(2) 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 60 October 1, 2021 2 REVISION OF SECTION 104 SCOPE OF WORK (2) When a major item of work is increased in excess of 150 percent of the original contract quantity 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 including topsoil 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 on a daily basis. 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 deleted and replaced 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 engineering costs) — (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 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. 61 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 October 1, 2021 3 REVISION OF SECTION 104 SCOPE OF WORK 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 62 October 1, 2021 1 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: 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. 63 October 1, 2021 2 REVISION OF SECTION 105 CONTROL OF WORK 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 and in CDOT's Field Materials Manual. 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 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: 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. 64 October 1, 2021 3 REVISION OF SECTION 105 CONTROL OF WORK (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. Weld County shall be responsible for OA and Independent Assurance Testing (IAT). Subsection 105.06(f) paragraph 2 shall be deleted and replaced with the following. The Lower Tolerance Limit (TL) for flexural strength shall be 650 psi. 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 shall be evaluated per CP65-19 method B. Delete Table 105-5, "V" Factors and Incentive Payments — Flexural Strength Criteria and replace with the following: Table 105-5 "V" FACTORS AND INCENTIVE PAYMENTS FLEXURAL STRENGTH CRITERIA Element V factor Maximum Incentive Payment Lower Tolerance Limit, TL Plan Value Pavement Thickness 0.4 inch 2.00 % Plan Thickness -0.4" Plan Thickness 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 to include the following: 65 October 1, 2021 3 REVISION OF SECTION 105 CONTROL OF WORK This Project has monetary incentive/disincentive payment associated with HMA or PCCP Pavement Smoothness. The Contractor shall meet all requirements and conditions for Pavement Smoothness Category II (CDOT Tables 105-6 and 105-7). Delete Subsection 105.07(e), 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. Delete Subsection 105.07(e)(3), paragraph 5 and replace with the following: For HMA pavements, the entire ground area of the final pavement surface shall be covered in a chip seal conforming to Section 409 of the Specifications when grinding is complete and after final SA testing is complete. In instances where diamond grinding is minimal, the Engineer, at their sole discretion, may allow the final pavement surface to be covered with a Tack Coat conforming to Section 407 of the Specifications when grinding is complete and after final SA testing is complete. 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 Plans ii. Standard Plans 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 determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. 66 October 1, 2021 4 REVISION OF SECTION 105 CONTROL OF WORK 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, 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: 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. Failure to provide a full-time competent superintendent or project manager 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 SATISFACTORY TO THE COUNTY. 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. 67 October 1, 2021 5 REVISION OF SECTION 105 CONTROL OF WORK Delete the fifth paragraph and replace with the following: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. 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 68 October 1, 2021 1 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 include the following: Weld County projects which are not CDOT funded shall be exempt from this requirement. The Bid Documents shall identify if the project is CDOT funded. 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 Contractor's Process Control Element Minimum Testing Frequency CDOT verification Testing None Required Soil Survey (Classification) See CDOT Field Materials Manual for Frequency 1 per soil type Moisture — Density Curve 1 per soil type 1 per 1,000 cubic yards or fraction thereof. In -Place Density 1 per 2,000 cubic yards or fraction thereof. 1 per 300 cubic yards or fraction thereof. In -Place Density when within 100 ft. of Bridge Approach(s). 1 per 500 cubic yards or fraction thereof. 1 per 5,000 cubic yards or fraction thereof. 1 Point Check 1 per 1O,000 cubic yards 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. For Projects with more than 5,000 tons of Hot Mix Asphalt, delete subsection 106.05 and replace with the following: 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: Process control testing by the Contractor is mandatory. (a) Process Control Testing. 69 October 1, 2021 2 REVISION OF SECTION 106 CONTROL OF MATERIAL Contractor 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 on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of 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 daily. (b) 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 the CP-13 Check Test Program 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. (c) Stability Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three stability verification tests to verify that the field produced HMA conforms to the approved mix design: The test frequency shall be one per day unless otherwise directed by the Engineer. The test results will be evaluated, and the Contractor shall make adjustments if required in accordance with the following: 1. The minimum value for stability will be the minimum specified in Table 403-1 of the specifications. There will be no tolerance limit. 2. Quality Level. Calculate a QL for stability. If the QL for stability is less than 65, then production shall be halted, and the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. 70 October 1, 2021 3 REVISION OF SECTION 106 CONTROL OF MATERIAL After a new or revised mix design is approved, three additional stability tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the stability QL is less than 65, then production shall be halted until a new mix design has been completed and approved using plant produced material or the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. 3. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional stability field verification tests shall be performed, and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 4. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to 1 per 10,000 tons. (d) Mix Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three volumetric verification tests for each of the following elements to verify that the field produced hot mix asphalt conforms to the approved mix design: (1) Air Voids (2) Voids in Mineral Aggregate (VMA) (3) Asphalt Content (AC). The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated, and the Contractor shall make adjustments if required in accordance with the following: 1. Target Values. The target value for VMA will be the average of the first three volumetric field test results on project produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications, whichever is higher. The target value for VMA will be set no lower than 0.5 percent below the VMA target on Form 43 prior to production. The target values for the test element of air voids and AC shall be the mix design air voids and mix design AC as shown on Form 43. Tolerance Limits. The tolerance limits for each test element shall be: AC ± 0.3 percent Air Voids ± 1.2 percent VMA ± 1.2 percent 2. Quality Levels. Calculate an individual QL for each of the elements using the volumetric field verification test results. If the QL for VMA or AC is less than 65 or if the QL for air voids is less than 70, the production shall be halted, and the Contractor shall submit a written proposal for a mix design revision to the Engineer. Production shall only commence upon receipt of written approval from the Engineer of the proposed mix design revision. 71 October 1, 2021 4 REVISION OF SECTION 106 CONTROL OF MATERIAL After a new or revised mix design is approved, three additional volumetric field verification tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the QL for VMA or AC is less than 65 or the QL for the test element of air voids is less than 70, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates that he is capable of producing a mixture meeting the verification requirements in accordance with A or B below: A. The Contractor shall produce test material at a site other than a CDOT project. The Contractor shall notify the Engineer a minimum of 48 hours prior to the requested test. The location and time of the test are subject to the approval of the Engineer, prior to placement. Three samples will be tested for volumetric properties. If the QL for VMA or AC is equal or greater than 65 and the QL for the element of air voids is equal or greater than 70, full production may resume or; B. The Contractor may construct a 500 ton test strip on the project. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QLs are calculated. If the QL for VMA or AC is equal or greater than 65 or the QL for the element of air voids is equal or greater than 70, full production may resume. If the QL for VMA or AC is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at no cost to the Department. The time count will continue, and any delay to the project will be considered to have been caused by the Contractor and will not be compensable. The costs associated with mix designs shall be solely at the Contractor's expense. If the Contractor fails to verify the new mix design in accordance with A or B, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates they are capable of producing a mixture meeting the verification requirements in accordance with A or B. 3. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional volumetric field verification tests shall be performed, and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 4. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to a minimum of 1/10,000 tons. The Engineer has the discretion to conduct additional verification tests at any time. (e) 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 1 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: 72 October 1, 2021 5 REVISION OF SECTION 106 CONTROL OF MATERIAL 1. 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. 2. 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 appropriate. 3. 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. 73 October 1, 2021 6 REVISION OF SECTION 106 CONTROL OF MATERIAL Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING* Element Process Control Acceptance ' Ad Theoretical Maximum Specific Gravity 1.1000 tons, minimum 1/day 1/1000 tons, minimum 1/day In -Place Density 1/500 tons 1/500 tons (2) `#v" k b s.�', r `"" �,, y tY i+y '^a 'fs . i' .,rp "` / e {{yy r f � � -� ' 6 .✓ , '�'i'',P1.'"r'„dt C `.. 1 fore 5 line r f� Aggregate Percent Moisture (3) 1/2000 tons or 1/Day if less than 2000 tons 1/2000 tons M k�" „ ,E,'�� f ��, t+� .f,,i",:S Sv1 t f ";./ 1��'' "`F` Z � kf3.ft 5.'�'�•x' YJ f �'�3 "` �� W ljy+, applicable Notes: (1) 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. (2) The minimum number of in -place density tests for acceptance will be 5. (3) 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. (4) Verified per Contractor's PC Plan. *None of the test results will be used for incentive /disincentive pay but will be used in the evaluation of materials acceptance. Also see Subsection 105.05 Conformity to the Contract of Hot Mix Asphalt for applicable conditions. For projects with less than 5,000 tons of Hot Mix Asphalt, Subsection 105.06 shall be deleted and replaced with the following: OA sampling frequencies shall 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 shall 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 shall not be allowed unless Check Testing in accordance with CP-13 has been successfully completed for the elements 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, shall 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 shall not be required by Weld County. If PC performs gauge correlations, coring shall be the responsibility of the Contractor as is the repair of the core holes. 74 October 1, 2021 7 REVISION OF SECTION 106 CONTROL OF MATERIAL 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. 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: Process control testing by the Contractor is mandatory. (a) Process Control Testing. Mandatory Process Control. 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 on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of 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. (b) Owner Acceptance Testing. Owner Acceptance testing is the responsibility of the Department. For acceptance testing the Department shall 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 shall 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 CDOT Field Materials Manual. Samples for Owner 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 shall 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. 75 October 1, 2021 8 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 Maximum Specific Gravity 1/1000 tons, minimum 1/day 1/1000 tons, minimum 1/day Gradation (2) 1/Day 1/2000 tons In -Place Density 1/500 tons 1/500 tons Joint Density 1 core/2500 linear feet of joint 1 core /5000 linear feet of joint Aggregate Percent Moisture (3) 1/2000 tons or 1/Day if less than 2000 tons 1/2000 tons Percent Lime (3) (4) 1/Day Not applicable Notes: (1) The minimum number of in -place density tests for acceptance will be 5. (2) 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. (3) 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. (4) Verified per Contractor's PC Plan. (c) 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 1 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: 4. 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. 5. 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 appropriate. 6. 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. 76 October 1, 2021 9 REVISION OF SECTION 106 CONTROL OF MATERIAL 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 106.06 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 T198 Splitting Tensile Strength of Cylindrical Concrete Specimens. As stated in Subsection 105.06 Splitting Tensile Strength (AASHTO T198) 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 — (6x12in) 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(a) shall include the following: Weld County projects which are not CDOT funded shall be exempt from this requirement. The Bid Documents shall identify if the project is CDOT funded. Add Subsection 106.14 Trade Names, Approved Equals, or Substitutes. In order 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 77 October 1, 2021 10 REVISION OF SECTION 106 CONTROL OF MATERIAL 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 78 October 1, 2021 1 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 hearth 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. Add subsection 107.061 immediately following subsection 107.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Overhead girder erection (2) Overhead structure(s) construction or repair (3) Removal of bridge (4) Removal of portion of bridge(s) (5) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (6) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also, when construction materials are being lifted that may fall onto active traffic lanes. (7) Blasting (8) Excavation and embankment adjacent to the roadway, especially if it requires shoring (9) Tunneling (10) Work operations such as pile driving and jack hammering which may create vibration and cause debris to fall into traffic. (11) Rockfall mitigation (12) Work within 50 feet of active railroad track centerline (13) Caissons and/or direction boring in high density utility corridor (14) Work over or adjacent to a river, stream, irrigation ditch, or other protected waterway (15) Urban work near and/or where pedestrians or bicycle pathways must be maintained during construction. The Contractor shall submit, for review, an initial, detailed construction plan that addresses safe construction methods for each of the safety critical elements applicable. The Engineer will submit bridge removal and girder erection plans to Engineer of Record for review. The Engineer's review will be for general conformance with the plans, specifications, best management practices regarding safety of the operation and industry standards. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. 79 October 1, 2021 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The review of this information shall not relieve the Contractor of liability. Certifications that are expired are invalid and are not in compliance with this specification. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Underground, above grade, and overhead utilities identification and protective steps taken; (6) Additional actions that will be taken to ensure that the work will be performed safely. (7) Communications plan as necessary with stakeholders and the public. (8) Names and qualifications of workers who will be in responsible charge of the work: a. Years of experience performing similar work b. Training taken in performing similar work c. Certifications earned in performing similar work (9) Names and qualifications of workers operating cranes or other lifting equipment a. Years of experience performing similar work b. Training taken in performing similar work c. Certifications earned in performing similar work (10) The construction plan shall address how the Contractor will handle contingencies such as: a. Unplanned events (storms, traffic accidents, etc.) b. Structural elements that don't fit or line up c. Work that cannot be completed in time for the roadway to be reopened to traffic d. Replacement of workers who don't perform the work safely e. Equipment failure f. Other potential difficulties inherent in the type of work being performed (11) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (12) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. The Contractor shall hold a Safety Critical Element Conference two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. Communications staff shall also attend in order to address any public/media needs. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only except for bridge removal and girder erection plans. Submit safety critical construction plans related to bridge removal and girder erection in accordance with the corresponding standard specification, 202 -Removal of Bridge, 509 -Structural Steel or 618 -Prestressed Concrete as appropriate. The Contractor's Engineer shall seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (3) Removal of Bridge, (4) Removal of Portion of Bridge and (5) Temporary Work. The Contractor shall stamp and sign the final construction plan "Approved for Construction" if the elements Removal of Portion of Bridge and Temporary Works are safety critical work elements for this project. 80 October 1, 2021 3 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC The Contractor shall perform safety critical work only when the Engineer or an authorized representative is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which they provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.06. If an unplanned event occurs or the safety critical operation deviates from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. Subsection 107.15(b) shall be revised to include the following: When the project has CDOT or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" and CDOT as additionally insured parties. Depending upon the funding source, it may be necessary to include additional insured parties. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by Weld County. When the project has no State or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" as an additional insured party. . Depending upon the fundng source, it may be necessary to include additional insured parties. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by Weld County. Subsection 107.17 shall be revised to include the following before the first paragraph: When working in a waterway, the Contractor shall assess and understand the risk of working within waterways. Such risks include but are not limited to floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. 81 October 1, 2021 4 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Subsection 107.17 — Delete the fourth 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. The Contractor's attention is directed to this subsection: 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 (c) shall be deleted and replaced with the following: A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. The Engineer will coordinate with CDOT Maintenance and the Region Water Pollution Control Manager 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. After the Contractor has completed the construction and obtained a Notice of Final Acceptance from the County, arrangements will be made to transfer the permit from the Contractor to the County. Should fines be levied by CDPHE for the project while under stewardship of the Contractor but the exact amount is not known the project retainage will be held by Weld County until the fines are resolved. The Contractor shall provide an Erosion Control Supervisor (ECS) for this project. END OF SECTION October 1, 2021 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205 The subcontracted work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project -related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract. However, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the Contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. The proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules". 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 Procced. 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 83 October 1, 2021 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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) 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 work days per week, number of shifts per day, and the number of hours per shift. 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 carry on 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 per hour for the first four hours (four hour minimum) and $100.00 per hour per day 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: 2. 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 84 October 1, 2021 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. 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 Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days. No weather days shall be given. 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 ($) From More Than 500,000 2,000,000 10,000,000 To and Including 1,000,000 5,000,000 Liquidated Damages per Calendar Day ($) END OF SECTION 1,600 4,300 10,700 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 85 October 1, 2021 1 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. Tickets will be made available for inspection during placement to the Engineer or Inspector at all times. 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 9. All water Subsection 109.06(a) — Delete the second sentence beginning with "The amount retained and replace with the following: 1f' 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. No retainage shall be released if there are CDPHE fines for stormwater items while under the stewardship of the Contractor until the fines are resolved. Delete subsection 109.06(e) and replace with the following: 86 October 1, 2021 2 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT (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 County. For the purpose of this section only, work shall be considered satisfactorily complete when the County 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 at a later date 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. 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: 87 October 1, 2021 3 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT (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) Monthly Reporting. For Weld County projects funded by CDOT, by the 15th of each month, the Contractor shall record all payments to subcontractors by completing an audit in the B2GNow System. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly audit. Once the prime enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a notice to confirm payment. The subcontractor or supplier shall have fifteen days from the notice to confirm payment or report an issue. If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payment to its subcontractors. If the subcontractor or supplier does not report a prompt payment issue within fifteen days from the Contractor's monthly reporting, the subcontractor waives CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the subcontractor's contractual remedies. On a monthly basis, the Contractor shall submit the Form 1418, Monthly Payment Report, to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. 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 actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION 88 October 1, 2021 1 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. Delineators; 5. Gravel from access roads, and 6. Trees smaller than 6" diameter at breast height (DBH). 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 89 October 1, 2021 1 REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.02 shall include the following: This work includes the removal and the trimming of trees as directed by the Engineer. This work includes the preservation from injury or defacement of all vegetation and objects designated to remain. The Engineer will establish environmental limits. All trees, shrubs, plants, grasses, and other vegetative materials shall remain, except as designated by the Engineer. Prior to beginning any bridge construction, removal, trimming, and pruning of encroaching vegetation (as determined by the Engineer) shall be completed. Once all directed clearing, trimming, and pruning is completed and accepted, no additional clearing, trimming, cutting, or pruning will be allowed unless approved, in writing, by the Engineer. Trimming shall be done by a Contractor or subcontractor who is a qualified tree surgeon and a member of the National Arborist Association. The firm's or individual's name and qualifications shall be submitted at the preconstruction conference for the Engineer's approval. A list of references and other clients shall be included with the qualifications statement. A written description of work methods and time schedules shall be submitted and approved in writing by the Engineer prior to work commencing. Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the Contractor. Strict limits of disturbance will be defined and shall be adhered to. Branches on trees or shrubs shall be removed as directed by the Engineer. All tree or shrub trimming shall be done by skilled workmen. All work shall be done according to the following requirements: (1) Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural character of the tree. (2) All final cuts shall leave no projections on or off the branch and shall not be cut so close as to eliminate the branch collar. (3) To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3 -cut method. These branches shall be lowered to the ground by proper ropes. (4) Tools used on trees known or found to be diseased, shall be disinfected with alcohol before they are used on other trees. (5) Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the Engineer. (6) When cutting back or topping trees, the Contractor shall use the drop -crotch method and avoid cutting back to small suckers. Smaller limbs and twigs shall be removed in such a manner so as to leave the foliage pattern evenly distributed. (7) When reducing size (cut back or topping) not more than one-third of the total area shall be reduced at a single operation. (8) Climbing spikes shall not be used on trees not scheduled for removal. 90 October 1, 2021 2 REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES All brush, branches, limbs, and foliage smaller than 3 inches in diameter shall be chipped into mulch and stockpiled at a designated site. The trunks and limbs 3 inches and larger shall be cut into less than 6 -foot lengths and hauled to a designated site. Stumps shall be removed when within the areas to be excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more than 3 inches remains above the ground surface. Subsection 202.12 shall include the following: Pay Item Pay Unit Removal of Tree Each Trimming Tree Each Chipping, stockpiling mulch, and hauling and stockpiling trunks and limbs will not be paid for separately but shall be included in the work. Removal of trees less than 6 inches in diameter will not be paid for separately but shall be included in the work under the clearing and grubbing pay item. All clearing and grubbing directed by the Engineer will be paid for as identified under the clearing and grubbing pay item. END OF SECTION 91 October 1, 2021 1 REVISION OF SECTION 202 REMOVAL OF BRIDGE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work consists of removal of an existing bridge, Structure Number BR80/37A on Weld County Road 80 over the Eaton Ditch, south of Ault, Colorado. Bridge removal shall consist of the complete removal of all superstructure and substructure elements including caissons and piling to a depth of at least two (2) feet below finished grade of the Eaton Ditch unless otherwise shown on the plans. The work includes transportation and disposal of waste. Time limitations for the work shall be as shown in the contract and/or plans. This work consists of the removal of a structure coated with paint which may contain lead, other heavy metals, or a combination thereof. Management of paint debris waste shall be accomplished in accordance with Section 250. Subsection 202.02 shall include the following: The removal of the existing bridge(s) shall be performed in a safe manner and in accordance with the requirements in this Specification. The Construction Plan requirements shown in the Revision of Section 107 shall be included in the Bridge Removal Plan. Temporary shoring is required in the locations shown on the plans. The contractor is responsible for the design of the shoring, any falsework shown on the plans and the stability of the existing bridge during phased construction, in accordance with Section 107. When removal operations are located over or in proximity to a railroad or any live water way, additional coordination including potential incident emergency/risk management notifications with the railroad or other agency (United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, US Forest Service, etc.) shall be required. The Contractor shall submit a bridge removal plan to the Engineer for review and acceptance at least 2 weeks prior to the Pre -removal Conference. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be prepared by the Contractor's Engineer and contain the Seal of a Professional Engineer registered in the State of Colorado. The Contractor's Engineer shall stamp and sign the Bridge Removal Plan "Approved for Construction". The Bridge Removal Plan shall be submitted to the Engineer of Record and the Engineer for review and concurrence with general specification compliance, but it will not be approved. Comments from the reviewers of the Bridge Removal Plan shall be in writing to the Contractor within seven calendar days from receipt of the plan and prior to the Pre -removal Conference. Acceptance of the Bridge Removal Plan will be contingent upon the Contractor adequately addressing all written comments to the satisfaction of the Engineer. The Bridge Removal Plan shall provide complete details of the bridge removal process, including but not limited to: (1) The removal sequence corresponding to the construction phasing, including calculations and analysis of the Contractor's removal equipment as related to loading capacity and any crane bearing during removal operations. The sequence of operation shall include a detailed schedule that complies with the working hour limitations. (2) Equipment descriptions including size, number, type, capacity, backup/standby need, and location of equipment during removal operations. 92 October 1, 2021 2 REVISION OF SECTION 202 REMOVAL OF BRIDGE Roles and responsibilities of all project management, construction supervision, and critical workers during the removal activities. This section shall include instructions for communicating and managing a "safe -all -stop" scenario if unexpected hazards are discovered during the activity. Shoring that exceeds 5 feet in height, all falsework and bracing. Shoring design shall follow the AASHTO Guide Design Specifications for Bridge Temporary Works, or other design standard as approved by the Engineer. Shoring construction, including verification and proof testing shall be in accordance with Section 206. Shoring will not be measured and paid for separately but shall be included in the cost of item 202 — Removal of Bridge, unless otherwise provided on the plans or as directed by the Engineer. (6) Details, locations and types of protective coverings to be used. The protective covering shall prevent any materials, equipment or debris from falling onto the property below. When removal operations are located over or in proximity to any live waterway, railroad, or pedestrian/bicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. (7) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands. (8) Detailed methods for mitigation of fugitive dust resulting from the demolition. (9) Details for dismantling, removing, loading, and hauling steel elements. (10) Locations of railroad tracks, roadways, utilities (overhead and underground), structures, or facilities located within the area of the bridge removal operations. (11) Detailed methods of fire suppression. (12) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. (13) Details for managing project communications during demolition. (14) Contingency plan for unexpected weather. (15) Details for emergency and post -incident management in a catastrophic failure or other serious incident or worker injury. The Contractor's Engineer shall be responsible for the stability of the existing "in service" structure for any deviation from the bridge removal limits shown on the plans. The Contractor shall be responsible for the protection of any portion of the structure to remain in place for later phases, including protection from the Contractor's construction activities. When a railroad or other agency has more stringent criteria for design guidelines for temporary works or demolition work, the more stringent criteria shall be followed. 93 October 1, 2021 3 REVISION OF SECTION 202 REMOVAL OF BRIDGE The Contractor shall hold a Pre -Removal Meeting at least seven days prior to the beginning of removal of the bridge. The Engineer, the Contractor, the removal subcontractor, the Contractor's Engineer, and the Traffic Control Supervisor (TCS) shall attend the Pre -Removal Meeting. The Bridge Removal Plan shall be finalized at this Meeting. The Contractor shall provide meeting minutes and the attendance list within 3 days after this Meeting. The Contractor's Engineer shall sign and seal items (1) and (4) listed above in the final Bridge Removal Plan. The Contractor's Engineer shall provide calculations that adequately demonstrate the loads and impact of the Contractor's demolition equipment do not have detrimental effects on the stability of the structure remaining for both, the portions that are being removed and the portions that continue to support live traffic, if any, after the end of each stage of removal and before traffic is allowed to resume in its normal configuration. Stability analysis shall include, but not limited to girders, pier caps, pier columns and abutments. The final Bridge Removal Plan shall be stamped "Approved for Construction" and signed and sealed by the Contractor's Engineer. The Contractor shall address all written comments from the Engineer and shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal. The Contractor shall not begin the removal process without the Engineer's written authorization. Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, shall in no way relieve the Contractor and the Contractor's Engineer of full responsibility for the removal plan and procedures. Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads, including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be contingent upon the drawings being satisfactory to the railroad company involved. The Contractor's Engineer shall be onsite during safety critical removal operations considered to have a high degree of safety risk. At or before the Pre -removal Conference, the Contractor and the Engineer shall agree if the Bridge removal operations are of high safety risk. The Contractor's Engineer shall inspect and provide written approval of each phase of the removal operations corresponding to the construction phasing shown on the plans prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor's Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer. Should any part of the adjacent structure designated to remain in place be damaged during removal operations, the Contractor's Engineer shall perform a full and complete engineering evaluation of the structure and submit a written report to the Engineer. This evaluation, as well as any additional costs to stabilize the structure due to or resulting from the Contractor's actions or inactions, shall be borne solely by the Contractor. Further work involving the bridge shall not be permitted until the report and any subsequent remedial stability measures are complete and satisfactory to the Engineer. The Contractor's Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site of the work at all times, and a copy of the previous day's inspection report shall be submitted to the Engineer daily. The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic. Removal of hazardous material shall be in accordance with Section 250. 94 October 1, 2021 4 REVISION OF SECTION 202 REMOVAL OF BRIDGE The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan, the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor's Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. The Contractor shall submit his Engineer's report in writing, within 24 hours of the event, summarizing the details of the event and the procedure for correction. The Engineer shall review the information submitted regarding the unplanned event and provide written acceptance of the corrective action or remedy procedure prior to resuming operations. Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material. Bridge removal may be suspended by the Engineer for the following reasons: 1. Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the Engineer to begin the removal. 2. The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence. 3. The Contractor's Engineer is not on site to conduct inspection for the written approval of the work. 4. Safety precautions are deemed to be inadequate. 5. Existing neighboring facilities are damaged as a result of bridge removal. Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the terms of the Contract. A suspension ordered as a direct result of (1) through (5) above, shall be considered a non -excusable delay. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer. The Contractor shall notify all emergency response agencies of the proposed removal work and any detours three days in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriffs Department, as appropriate. All required traffic control devices, nighttime flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6. Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean. The Contractor shall install any restriping necessary to achieve full compliance pavement markings prior to reopening. All costs related to pavement marking replacement shall be included in the work. Explosives shall not be used for removal work without the written approval of the Engineer. 95 October 1, 2021 5 REVISION OF SECTION 202 REMOVAL OF BRIDGE Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs. Removal of the substructure shall be taken down to at least 2 feet below the channel (at its lowest point within the project limits), unless otherwise approved by the Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing grades. All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor's expense, unless otherwise stated in the plans. Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations. Damage that does occur shall be repaired immediately at the Contractor's expense. Subsection 202.03 shall include the following: The salvaged materials shall be the property of the contractor. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge Each Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Half of the Removal of Bridge payment will be applied once the first half of the bridge is removed. Payment for removal of structures, or portions thereof, coated with heavy-metal based paint will be full compensation for all work necessary to complete the item. Paint debris waste management and disposal will be measured and paid for in accordance with Section 250. Lighting required for nighttime operations will not be measured and paid for separately but shall be included in the work. END OF SECTION 96 October 1, 2021 1 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: 202.09 Removal of Asphalt Mat (Planing). The Contractor shall not commence planing operations until the hot mix asphalt (HMA) Mix Design (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. 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 97 Octoberl , 2021 2 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 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. 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 workday. 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. 98 October 1, 2021 3 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 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 202.11 shall be revised to include the following: Removal of ground sign will be measured by the number of signs removed and accepted. The entire post and base shall be removed. Subsection 202.12 shall 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 Removal of Ground Sign Unit Each END OF SECTION 99 October 1, 2021 1 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 non -Reinforced Concrete Pipe or Reinforced 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, obtained within the temporary construction easement as shown on the plans, 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. Unclassified Excavation shall include removal of unstable or unsuitable material within the roadway as determined and directed by the Engineer. Unclassified Excavation (Complete in Place): Complete -in -place excavation shall consist of the excavation of all materials of whatever character required for the work, obtained within the temporary construction easement as shown on the plans, including surface boulders and excavation for ditches and channels that is not removed under some other item. Approved in -place excavation material shall be placed in embankments per the Plans and Specifications. 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 unsuitable materials (muck) excavation 100 October 1, 2021 2 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT shall be 3" minus crushed concrete or aggregate over Tensar Triax 160 geogrid or Mirafi RS580i geofabric as determined by the Engineer. If the Engineer approves the use of an alternative backfill material, which does not include import to the site, or does not include a material purchase price from a commercial supplier, the Engineer shall negotiate a unit price cost reduction with the Contractor. Subsection 203.03 replace the first sentence with the following: All embankment material shall consist of material that has been obtained from required excavation or from an approved source. Any embankment material shall a minimum R -value of 28. The Contractor shall not obtain embankment material, other than the developed from suitable materials excavated on site, without written approval of the Project Inspector. Material excavated at the project site may be used if approved by Weld County Inspector or Engineer. Subsection 203.03 replace all reference to CDOT's lab with Weld County Lab. Delete the first paragraph of Subsection 203.06 and replace with the following: Contractor Process Control is mandatory for this element. The Contractor's Process Control Representative shall be certified with Western Alliance for Quality Transportation Construction (WAQTC) Embankment and Base Testing and CDOT's Excavation, Embankment and Soil Inspection certification course. Subsection 203.06 shall be revied to include the following after paragraph 2 and before paragraph 3: Only approved equipment and methods proposed by the Contractor in Method Statements (see PSP Section 108.03(j)), shall be used in the placement, moisture conditioning and compaction of and/or reconditioning of cut/fill and Embankment materials. The Contractor shall be responsible for determining the moisture conditioning, the type of equipment, and number of passes that are needed to achieve adequate compaction; however, compression type or vibratory rollers are required for granular materials, and sheepsfoot rollers are required for cohesive soils. Water Trucks, haul trucks, and scrapers shall not be used as compaction equipment or as interim, apart from shouldering materials. The Contractor shall use approved equipment or attachments for conditioning/mixing during embankment placement and/or cut/fill reconditioning, for soils classified as A-4 to A-7 to ensure consistent moisture conditioning without disturbing compaction of preceding lifts. Dozer ripping will not be used unless approved by Engineer. 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 prior to the first sentence, add the following: 101 October 1, 2021 3 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 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 %- 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. Section 203.07(a), paragraph 3 shall be deleted and revised to include the following: A-1, A-2-4, A-2-5, and A-3 soils shall be compacted at +/- 2 percent of optimum moisture content (OMC) and to at least 95 percent of maximum dry density determined in accordance with AASHTO T 180, modified by CP 23. All other soil types are compacted to 95 percent of maximum dry density determined in accordance with AASHTO T 99, modified by CP 23. Soils with 35 percent fines or less are compacted at +/- 2 percent of (OMC). Soils with more than 35 percent fines are compacted at a moisture content equal to or above OMC to achieve stability of the compacted lift, which is defined as the absence of rutting or pumping as observed by the Contractor's Process Control representative and the Engineer. If the soils prove to be unstable when compacted at or above optimum moisture content, the moisture required for compaction can be reduced below optimum as approved by the Engineer. Compaction control shall be tested using nuclear density gauges (CP 80-13) at the frequencies prescribed in the CDOT Field Materials Manual or as specified in the Contract. A one -point moisture/density verification test (CP 25-13) shall be performed at the frequency required in the CDOT Field Materials Manual, or minimum 1 per day, to verify the use of the correct moisture/density curve. The test sites should be selected randomly and should be representative of the materials placed in the surrounding areas. In subsection 203.08, the first paragraph shall be revised to include the following: Contractor's verified proof rolling equipment, meeting the 18 kip loading per axle, will be available onsite during all phases of earthwork activities and as an erosion control method for dust control mitigation. A current certified scale ticket showing the fully loaded weight of the water truck(s) shall be submitted to the Engineer and Project Inspector prior to any proof roll acceptance. The Inspector may require a proof roll at any elevation to verify stability. In subsection 203.08, delete the third and fourth paragraphs 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 102 October 1, 2021 4 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 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 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. Subsection 208.03, after the last paragraph, add the following 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(a) 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. Subsection 203.11(b) shall be revised to include the following: 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 quantities for Embankment and Unclassified Excavation 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 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. Payment for Embankment and Unclassified Excavation shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on 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. 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 Embankment (Complete in Place) shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on 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. END OF SECTION 103 October 1, 2021 1 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: Flow fill 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. Materials for Structure Backfill (Flow -Fill) shall meet the requirements specified in the following subsections: Fine Aggregate 703.01 Coarse Aggregate 703.02 Portland Cement 701.01 Fly Ash 701.02 Water 712.01 Air -Entraining Admixture 711.02 Chemical Admixtures 711.03 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: 104 October 1, 2021 2 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES 1. ASTM C321, Air Content 2. ASTM D6023, Unit Weight 3. ASTM C143, Slump or ASTM D6103, 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). 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 be revised to include the following: 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. END OF SECTION 105 October 1, 2021 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby deleted for this project and replaced with the following: Subsection 207.01 shall be deleted and replaced with the following: 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. Subsection 207.02 shall include the following after the first paragraph: 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'/" 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 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. Subsection 207.02(a) shall include the following: (a) 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. 106 October 1, 2021 2 REVISION OF SECTION 207 TOPSOIL 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. Subsection 207.02(d) shall include the following: (d) Imported topsoil shall be approved by the County before use. 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. Delete the third paragraph of Subsection 207.05 and replace with the following: 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. Delete Subsection 207.07 and replace with the following: 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. Subsection 207.08 shall include the following: The contract unit prices for Topsoil (stockpile) and Topsoil (spread) shall be full compensation for all work necessary to complete the items including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, load, and redistributing the existing topsoil material onto the re -graded slopes. 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 107 Octoberl , 2021 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby deleted for this project and replaced with the following: The fourth paragraph of Subsection 208.01 shall be revised to include the following: 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 Enqineer. Delete Subsection 208.02(c) and replace with the following: (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. Subsection 208.02(k) shall be revised to include the following: (3) The use of disposable plastic swimming pools shall not be allowed. Delete the third paragraph of Subsection 208.02(I) and replace with the following: Erosion control geotextile underlying aggregate material shall be Mirafi FW-300 or approved equal. Delete Subsections 208.03(5) and 208.03(6). Delete Subsection 208.03(6)(c)(2)(2)(i). Delete Subsection 208.03(6)(c)(2)(5) and replace with the following: (5) 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. 108 October 1, 2021 2 REVISION OF SECTION 208 EROSION CONTROL Delete all references to CDOT in Subsection 208.03(6)(d) and replace with Weld County. Subsection 208.03(d)(1), paragraph following item 18 shall be deleted and replaced with the following: 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. Delete Subsection 208.04(c) and replace with the following: (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 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 subiect 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. Delete Subsection 208.04(f), paragraph 1 and replace with the following: (1) 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. Delete Subsection 208.09 and replace with the following: 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. 109 October 1, 2021 3 REVISION OF SECTION 208 EROSION CONTROL 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). 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 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 and Severe Findings in accordance with subsection 105.01. A Stop Work Order shall not result in the stopping of 110 October 1, 2021 4 REVISION OF SECTION 208 EROSION CONTROL 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 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 111 October 1, 2021 5 REVISION OF SECTION 208 EROSION CONTROL 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. (1) 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. (2) 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)). Liquidated damages will accrue at $1,500 per Chronic Finding per day beginning at 11:59 PM of day the Inspection Form 105 is issued. When the Chronic Finding is comprised of two Severe Findings, the Engineer will assess Liquidated Damages in accordance with this specification. 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 112 October 1, 2021 6 REVISION OF SECTION 208 EROSION CONTROL 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. (c) Deferment. If the Contractor seeks deferment, the Superintendent shall submit a deferment request to the Engineer by 11:59 PM of the day after the issuance of Inspection Form 105. Chronic and Severe Findings are not eligible for deferment. The deferment request shall be in writing, signed by the Superintendent and shall include: (1) Regular Findings to be deferred (2) The reasons why the Findings cannot be corrected in twenty-four hours (3) An action plan containing: (i) Methodology to protect water quality until each deferred Finding is corrected and accepted (ii) Milestones to measure progress toward completion (iii) Additional control measures to be implemented until each deferred Finding is corrected and accepted (iv) Corrective completion dates for each Finding The Engineer will discuss the deferment request and may meet with the Superintendent to recommend modifications to the action plan. The Engineer will issue a Form 105 accepting or rejecting the deferment request by 11:59 PM of the second day after the Inspection Form 105 documenting the Regular Finding is issued. The County will not accept a deferment for operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. Preparation of deferment documentation and additional materials, including additional control measures, required to complete the action plan shall be at the Contractor's expense. Time frames noted in subsection 208.09(b)1 will not be stopped during the deferment review period, therefore, Liquidated Damages will be assessed beginning 11:59 PM on calendar day two if the deferment request is rejected and, furthermore, a rejected deferment plan (subsection 208.09(c)) shall not absolve the Contractor from recalcitrance. The Engineer will assess Liquidated Damages in the amount of $1,500 per calendar day, and partial day, for each uncorrected Deferred Finding. These Liquidated Damages will start on the date the uncorrected work was deferred to be completed (subsection 208.09(c)(3)). In addition, Liquidated Damages of $1,500 per calendar day will be assessed retroactively to 11:59 PM of the day the finding was originally noted on the Inspection Form 105. (d) Conflict Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. (e) Exemptions. The Engineer will exempt from subsection 208.09(b) situations of Compliance Assistance, Documented Upset Conditions, Documented Reportable Spills and Documented Winter Exemptions. Release from subsection 208.09(b) does not exempt the Contractor from compliance with CDPS-SCP. 113 October 1, 2021 7 REVISION OF SECTION 208 EROSION CONTROL 1. Documented Upset Condition. The Contractor shall report, both verbally and in writing, the Upset Condition to CDPHE per CDPS-SCP Part II.L.6 and subsection 208.03(c) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Upset Condition. 2. Documented Reportable Spills. The Contractor shall report, both verbally and in writing, the Reportable Spill to CDPHE per subsection 107.25(b) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Reportable Spill. 3. Winter Exemptions. The Contractor is unable to address findings noted on the Headquarters or Region led water quality control inspection due to: (1) Snow covers the entire site for an extended period and; (2) No construction activity and; (3) Melting conditions posing a risk of surface erosion do not exist. The Contractor shall request a Winter Exemption to the Engineer. If approved, the Engineer will issue a Form 105 and recognize the exemption to subsection 208.09(b). The Contractor shall also update the SWMP with the Form 105 and the documented Winter Exemption. Liquidated Damages, if assessed, will only accrue up to the point where the Winter Exemptions are approved. Delete paragraph 2 of Subsection 208.10(c) and replace with the following: 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. All punch list and walkthrough items shall be completed and approved by the Engineer. Subsection 208.11 shall include the following: All BMPs measured by the Square Yard (SY) shall not include the required overlap. Delete Subsection 208.11, paragraph 11 and replace with the following: Additional aggregate may be required for maintenance and will be not paid for separately. END OF SECTION 114 October 1, 2021 1 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.01 shall be revised to include the following: Application of dust palliative to detour roadways must be completed prior to detouring traffic onto those roadways. Detour roadways to receive treatment are CR 78 and CR 80.5. The length of CR 78 is approximately 6,310 LF (entire length of CR 78 from CR 37 to CR 39). The length of CR 80.5 is approximately 2,370 LF (CR 39 west to curve). Dust palliative shall be applied in two separate treatments. Treatment one shall occur immediately prior to the start of construction. Treatment two shall occur between mid -April and mid -May. Treatments shall follow the application sequence outlined in Subsection 209.05 below. Contractor shall coordinate with the Engineer and the Weld County Gravel Roads Maintenance Division (Mike Livengood, 970-400-3757) to schedule the dust palliative treatment. Subsection 209.02 shall be revised to include the following: The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract Documents, including any necessary permits or fees. Delete Subsection 209.05 and replace with the following: The Contractor shall furnish and apply a dust palliative on portions of the roadway and on haul roads at the locations and in the amounts as provided in the Contract. Dust palliative shall consist of magnesium chloride (or equivalent as approved by the Engineer) and water. Application of dust palliative shall be done with acceptable sprinkling equipment at an appropriate rate as approved by the Engineer. Magnesium Chloride (or equivalent) dust palliative shall be applied as follows: 1. Weld County crews will prepare the existing roadway surface. 2. Contractor will apply the magnesium chloride dust palliative in two applications of 0.25 gallon per square yard in each application. 3. Allow to soak for 30 minutes after each application. 4. Roll the surface with a pneumatic tire roller, as specified in the Contract. 5. Do not permit traffic on the treated surface until approved. Subsection 209.07, paragraph 1 shall be deleted and replaced with the following: Water required for all work covered under the Contract will not be measured and paid for separately but shall be incidental to the work. Subsection 209.09, shall be revised to include the following: Pay Item Pay Unit Dust Palliative (Magnesium Chloride)(Special) Gallon END OF SECTION 115 October 1, 2021 1 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.01 shall be revised to include the following: This work consists of resetting of the existing mailbox structures due to the configuration of the new roadway. If the existing mailbox is not breakaway, as determined by the Engineer, the Contractor shall install a replacement mailbox suitable to be approved by the Postmaster and Weld County. This work consists of resetting the monument box in the intersection of CR 80 and CR 37. The work shall be performed in accordance with Section 629, Survey Monumentation. Payment will be made under: Pay Item Pay Unit Reset Mailbox Structure Each Reset Monument Box Each END OF SECTION 116 October 1, 2021 1 REVISION OF SECTION 211 DEWATERI NG Section 211 of the Standard Specifications is hereby added for this project as follows: DESCRIPTION 211.01. This work consists of dewatering temporary excavations required to control groundwater, site drainage, and storm flows for the installation of culverts and pipes. All dewatering activities shall be performed in accordance with Colorado Department of Health and Environment dewatering regulations. All other dewatering work including any dewatering associated with the construction of the bridge shall be incidental to the work specified in Subsection 206. Contractor is cautioned that the work involves construction in and around irrigation channels and areas of local drainage. These areas are subject to frequent periodic inundation. MATERIALS 211.02. On -site materials may be used within the limits of construction to construct temporary dams and berms. Materials such as plastic sheeting, filter bags, sandbags, inflatable devices, and storm sewer pipe may be used if desired by Contractor. The Contractor shall provide all required materials and equipment to facilitate dewatering activities. Dewatering shall also include all materials, equipment, and personnel required for CO2 treatment of groundwater, surface water, or stormwater that has come into contact with cementitious material only. CONSTRUCTION REQUIREMENTS 211.03. Requirements for controlling groundwater during construction are as follows: (a) General. For all excavations, Contractor shall provide suitable equipment and labor to remove water and shall keep the excavation dewatered so construction can be carried on under dewatered conditions. The Contractor shall dewater, by pumping or by excavating trenches leading to a positive gravity outlet, to a depth of at least three feet below the underside of any permanent structural element including but not limited to footings, cutoff walls, headwalls, etc. prior to exposing their proposed bearing surfaces. The dewatering process shall be commenced a sufficient amount of time in advance of placing excavation equipment thereon to prevent undue disturbance of the foundation soil. If, in the opinion of the Engineer, equipment is causing undue disturbance, the Engineer may require further drying of the bearing area or place limitations on the type of equipment permitted on the bearing area. The Engineer may require the Contractor to place (at the Contractor's expense) additional filter material beyond any limits that may be shown on the plans to compensate for the loss of bearing capacity. The water level shall be maintained below the level of placed concrete for at least three days before the water level is allowed to rise. This project incorporates placement of cementitious materials below the ordinary high water mark. All water pumped from the excavation during the placement and cure time for cementitious material and that has come into direct contact with the cementitious materials shall be treated with CO2 or other methods as approved by the Engineer to bring pH to neutral levels per the Dewatering Permit prior to discharge. Water with pH above allowable permit limits shall not be discharged to a state water. At no point shall the water's pH outside of the excavation reach 9.0. All cementitious material placement work shall stop and the Engineer shall be notified. 117 October 1, 2021 2 REVISION OF SECTION 211 DEWATERI NG The Contractor's method of dewatering and water disposal, including pumping and discharge equipment, must be approved by the Engineer prior to implementation. The Contractor shall submit a dewatering plan for review and approval 30 calendar days prior to implementation in accordance with Subsection 105.02. Water Disposal shall be in accordance with Subsection 107.25 - "Water Quality Control". Contractor shall obtain all necessary permits and submit copies to the Engineer prior to commencing any dewatering activities. The dewatering plan shall include the following: 1. Copies of all permits required for dewatering, treatment of, and/or disposing of water; 2. Method statement detailing how dewatering activities will be minimized in excavations; 3. Method of measuring surface water or groundwater discharge; 4. Listing of equipment descriptions including size, number, type, capacity, and location of equipment during dewatering operations; 5. Methods of testing surface water and groundwater to determine appropriate disposal; 6. Detailed methods for disposal of water; 7. If applicable, name of facility where contaminated water is to be delivered; and 8. Plans and design calculations, sealed and signed by a Professional Engineer licensed in the State of Colorado which support the dewatering plan including but not limited to: (a) Method for determining the design flow; (b) Map showing location of the discharge points; (c) Phasing plans; and (d) Site restoration plans show how the area will returned to its original configuration. Water from dewatering operations shall not be directly discharged into any waters of the State, including wetlands, irrigation ditches, canals, or storm sewers, unless allowed by a permit. Unless prohibited by law or otherwise specified in the Contract, the water from dewatering operations shall be contained in basins in locations approved by the engineer, treated for discharge in accordance with the CDPHE-WQCD permit(s), or shall be hauled away from the project for proper disposal in accordance with applicable laws and regulations. In accordance with permit procedures, the Contractor shall fill out and submit a monthly Discharge Monitoring Report (DMR) to CDPHE-WQCD for the life of permit. Copies of monthly submittals shall be provided to the Engineer. Any requirements noted on the CDPHE-WQCD permit(s) take precedence to the Materials Management Plan. Water control shall be accomplished such that no damage is done to adjacent ditch banks or structures. Contractor is responsible for investigating and becoming familiar with all site conditions that may affect the work including surface water, potential flooding conditions, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to ninety five percent (95%) of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. 118 October 1, 2021 3 REVISION OF SECTION 211 DEWATERI NG Contractor shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, Contractor acknowledges that Contractor has investigated the risk arising from such waters and has prepared his bid accordingly and assumes all of said risk. At no time during construction shall Contractor affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from Contractor 's alteration of surface or subsurface drainage patterns shall be repaired by Contractor at no additional cost to the Owner. Contractor shall remove all temporary water control facilities when they are no longer needed or at the completion of the Project. Pumps and generators used for dewatering and water control shall be quiet with equipment enclosed in sound deadening devices. The Contractor shall be responsible for the maintenance and protection of all dewatering equipment and diversion structures. Damage and/or repairs caused from the Contractor's activities or from the ditch flows shall be the responsibility of the Contractor. (b) Surface Water Control. Surface water control generally falls into the following categories: 1. Normal low flows along the channel 2. Storm/flood flows along the channel 3. Flows from existing storm drain pipelines; and 4. Local surface inflows not conveyed by pipelines Contractor shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding, alter major flow paths, or worsen flow characteristics during construction. Contractor is responsible to ensure that any such worsening of flooding does not occur. Contractor is solely responsible for determining the methods and adequacy of water control measures. At a minimum, Contractor shall be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. Contractor is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction -site. It shall be Contractor 's responsibility to determine the quantity of water which shall be diverted to protect the Work from damage caused by stormwater. Contractor shall, at all times, maintain a flow path for all channels. Temporary structures such as berms, sandbags, pipeline diversions, etc., may be permitted for the control of channel flow, as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. (c) Groundwater Control. Contractor shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all 119 October 1, 2021 4 REVISION OF SECTION 211 DEWATERING structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of perimeter sub -drains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by Contractor operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at Contractor's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by Engineer. METHOD OF MEASUREMENT 211.04. No separate measurement for payment will be made for any labor, equipment, and materials required for this item. The price will include all of Contractor's costs including but not limited to: 1. Implementing measures to control groundwater and surface water. 2. Obtaining and transferring all required permits, upon approval. 3. Providing temporary power as required. 4. Evaluating, designing, constructing, maintaining, and monitoring dewatering measures 5. Installing check dams, pumps, dewater bags, earth embankments, diversion channels, sheet pile, wells, or any other material necessary for dewatering. 6. Monitoring, sampling, analysis, and water quality reports as required by permit conditions. 7. Protect work from base flows and storm events. 8. Providing all other related labor, equipment, and materials to complete the work. BASIS OF PAYMENT 211.05. Payment will be on a daily basis for the time that the Contractor starts the dewatering to the time it is removed as accepted by the Project Engineer. Days in which no dewatering occurs will not be paid for. Dewatering operations shall be terminated as quickly as possible and shall not continue beyond the time needed for the construction activity. Dewatering requires pre -approval by the Engineer. Payment will be made under: Pay Item Dewatering Pay Unit Day Dewatering and accommodating stormwater flow shall not be measured and paid for separately but shall be included in the work. END OF SECTION 120 October 1, 2021 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall be revised to include the following: Multiple seeding operations shall be anticipated as portions of the job are completed in order to take advantage of growing conditions and to comply with Section 208 and this section. Subsection 212.02(a) shall be revised to include the following: The seed mix identified for use on this project is outlined below. Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibre or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 WB-cedar wheat or approved equivalent shall be used as a nurse crop and shall be added to the Seed Mixtures at a rate of 15 PLS per acre. Native grass and nurse crop seeding shall be done using the appropriate seed drill. Subsection 212.02(b) shall be revised to include the following prior to paragraph 1: Soil in all areas to receive native seed shall be fertilized and conditioned as identified by the soil test recommendations. Delete the fifth paragraph, Subsection 212.02(b) which starts with "The application rate of the organic fertilizer ...." and replace with the following: The application rate of the organic fertilizer shall be either as high or low nitrogen (N) fertilizer at the rates shown on the plans or as recommended by the CSU Soil Testing Laboratory. In the absence of an application rate shown on the plans or a recommendation from the CSU Soil Testing Laboratory, an application rate of 30 lbs/ac Nitrogen, 40 lbs/ac Phosphorous as P2O5, and 40 lbs/ac of Potassium as K2O shall be used. Subsection 212.02(c) shall be revised to include the following prior to paragraph 1: Soil in all areas to receive native seed shall have compost applied as required by the soil testing recommendations. 121 October 1, 2021 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Delete the first sentence of paragraph 3, Subsection 212.02(c) and replace with the following: Verification tests may be conducted by Weld County on grab samples of compost delivered to the site to determine the gradation and physical properties. Testing may be done for indication of ingredients Delete the first paragraph of Subsection 212.02(c)(1) and replace with the following: 1. Compost for permanent seeding soil conditioner locations onsite shall be as shown on the plans. Application rates shall be as shown on the plans or at the rate recommended by the CSU Soil Testing Laboratory. In the absence of an application rate being provided on the plans or from the CSU Soil Testing Laboratory, the application rate for compost shall be 8 tons/acre. Delete Subsection 212.02(d) and replace with the following: (d) Biotic Soil Amendments (Hydraulically Applied). The soil conditioner shall be Biotic Earth Black hydraulic growth medium (HGM) or approved equivalent. In order to be considered an equivalent to Biotic Earth Black, the submitted HGM shall meet or exceed every specification category. The HGM shall be composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives. HGMs shall be based on their composition for different soil building, vegetation establishment and erosion control characteristics. In addition to the HGM, the CSU Soil Testing Laboratory may recommend additional soil fertilizers and conditioners which shall be added. If additional fertilizer and soil conditioner recommendations are provided, they shall be applied. Biotic soil amendments shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 °F. The HGM shall be applied at a rate of 4,500 pounds/acre unless otherwise specified by the CSU Soil Testing Laboratory. Special application rate considerations may be required depending on environmental and soil conditions along with erosion potential on the site. At no time will field mixing of organic fiber materials be allowed. The HGM shall be a minimum of 40% by volume of thermally and mechanically processed straw, flexible flax fibers; a minimum of 58% by volume of sphagnum peat moss or compost, and a minimum of 2% by volume of additional materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and amino acids, growth stimulant/regulator, and mycorrhiza inoculants. The Contractor shall submit the Application Rates Guide, Installation and Mixing Instructions, and Product Specifications to the Engineer for approval. The Contractor shall submit a letter of certification from the Manufacturer or Representative showing the products meet or exceed all material composition requirements, laboratory testing properties, and product packaging requirements. Certification shall detail that the straw or fiber was processed at over 160 degrees Fahrenheit to ensure material is weed free. The Contractor shall provide a CTR with independent laboratory analysis in accordance with subsection 106.13. 122 October 1, 2021 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING The use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be in accordance with Section 213. It shall be used as a wetting agent at a rate of 30 pounds per acre. Biotic soil amendments shall provide a continuous and uniform cover. Subsection 212.02(g) shall be revised to include the following: The elemental sulfur application rate shall be at the rate specified on the plans or as recommended by the CSU Soil Testing Laboratory. Delete the first paragraph of Subsection 212.03 and replace with the following: 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days prior to start of seeding work. The Contractor shall provide copies of items (1) - (14) listed below 5 days prior to the Pre -vegetation Conference in accordance with Section 207. Delete Table 212-14 and replace with the following: Table 212-14 Seeding Seasons Zone Spring Seeding Fall Seeding Below 6000' April 1 st or spring thaw(1) to June 15th September 15th or until consistent ground freeze(2) 2 "Spring thaw" is the earliest date in a new calendar year in which seed can be buried % inch into the surface soil (topsoil) through normal drill seeding methods. "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed '/z inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. Delete the second paragraph of Subsection 212.05 and replace with the following: All amendments shall be applied based on the seeding method and rates specified on the plans or recommended by CSU Soil Testing Laboratory. All seed shall be done in accordance with the rates specified in the Specifications. Delete Subsection 212.05(a) and replace with the following: (a) Seeding (Native) Drill. 1. Soil Preparation. Slopes flatter than 2:1, shall be tilled into an even and loose seed bed 4 inches deep. Slopes 2:1 or steeper shall be left in a roughened condition. Slopes shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension and brought to the desired line and grade. Roll, rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor has to complete fine grading or for fine grading more than one time. 2. Fertilizer, Compost, Hydraulic Growth Medium, and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the topsoil using an agricultural 123 October 1, 2021 4 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING spreader at the rate outlined in Subsection 212.02(g) above. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Contract grading or roadway plan sheets. When compost and elemental sulfur is required, the Contractor shall homogenously incorporate the compost and elemental sulfur into the top 6 inches of topsoil. Tillage of the amendments shall be completed using a disc and harrow, field cultivator, vibra-shank, or other method suitable to site conditions. For small areas tillage shall be completed using rotary tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For projects that will utilize aggregate or recycled asphalt shouldering material amendments, tillage is not required under shouldering material. Projects seeding up to the edge of pavement, tillage is not required for first 12" from the edge of pavement. When fertilizers are required, the Contractor shall uniformly apply fertilizer on the surface of the topsoil using an agricultural spreader and then work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. When HGM is required, the HGM shall be mixed in the tank following the procedures outlined below: (1) Fill tank with water to a level where the paddles are % covered and may be activated. (2) Activate the mechanical agitation system. (3) Prime pump and any discharge hoses before adding any HGMs. (4) Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. (5) Continue filling tank with water to approximately % full and begin adding bags of HGMs. (6) All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. (7) Add seed and/or other amendments to slurry as required. (8) Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. 3. Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using cultipacker or seed bed roller implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any 124 October 1, 2021 5 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING dimension in accordance with Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. 4. Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be done within two days of seedbed preparation efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re - prepared as directed by the Engineer. Areas shall be seeded by mechanical power drawn drills suitable for area soils, topography, and size followed by packer wheels. Mechanical power drawn drills shall have furrow openers and depth bands set to maintain a planting depth of at least % inch and not more than ' inch and shall be set to space the rows not more than 8 inches apart. Seeding equipment shall have a double disk opener, seed box agitator, and seed metering device. The seeder shall be calibrated by collecting seed from a single drop tube in the presence of the Engineer based on the following procedure. The Contractor shall provide the tape measure, scale, collection cup, and seed bag with complete label from the supplier. The Contractor may submit an alternative method for approval at the site Pre -vegetation Conference. (1) (2) (3) Measure the total width (W) of the drill seeder in feet. Count the number of drill rows (N) on the seeder. On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. (4) Calculate the number of rotations the tire will complete per acre using the following equation: A = one acre or 43,560 square feet (SF) A /W = feet (F) the drill seeder needs to travel for each acre F/C = number of rotations (R) of the tire per acre (5) Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) (6) Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. (7) Using the information from the seed tag, convert the PLS seed rate to a bulk seeding rate using the following equations: % PLS = (% purity (in decimal form) from seed label) x (% germination (in decimal form) from seed label) (LBS PLS / Acre) from the SWMP / % PLS = Required bulk seed per acre in LBS (8) Reduce the required bulk seed per acre based on the number of seeder tubes. Required bulk seed per acre / N = Weight in LBS of bulk seed from one tube (9) Reduce the required bulk seed rate from the tube by one tenth. 0.90 x Weight of bulk seed from one tube = Collected bulk seed weight (CBS) in LBS (10)Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. 125 October 1, 2021 6 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (11)With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS number of times. Use the value stem to count the rotations. (12)Using the scale, weigh the seed in the collection cup. (13)Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. Drill seeders shall be recalibrated every time the drill is mobilized onsite. The Contractor shall submit a written statement that the equipment is calibrated and shall provide the correct depth based on conditions before seeding actions are initiated. The Contractor shall continuously monitor equipment to ensure that it is providing a uniform seed application. Mycorrhizae granules shall be included with the seed in the drill seeder such that the mycorrhizae are placed at or below the seed. The distance between furrows produced using the drill shall not be more than 8 inches. If rows on the drill exceed 8 inches, the Contractor shall drill the areas twice (if achievable at 30 -degree angles to each other) at no additional cost to the County. After seeding, the furrows that were created by the drill shall be maintained in place. Construction traffic, other than what is needed to mulch the areas, shall not be permitted on the areas completed. All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to adequately drain all surface water runoff. Permanent stabilization mulching shall be accomplished within 24 hours of drill seeding. Subsection 212.05(b) shall be revised to include the following prior to the first paragraph: Hydraulic seeding shall not be allowed unless approved in advance by the Engineer. If hydraulic seeding is approved, it shall be completed at twice the rate specified in the Contract at no additional cost to the project. If hydraulic seeding is approved, the hydraulic seeding shall be completed as outlined below. Delete Subsection 212.05(b)(ii) and replace with the following: 1. Biotic Soil Amendment, Fertilizer, Mycorrhizae and Seed. If these items are required, they shall be mixed according to the process outlined below. The HGM or biotic soil amendment shall be mixed in the tank following the procedures outlined below: (1) Fill tank with water to a level where the paddles are % covered and may be activated. (2) Activate the mechanical agitation system. (3) Prime pump and any discharge hoses before adding any HGMs. (4) Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 126 October 1, 2021 7 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (5) Continue filling tank with water to approximately 3/ full and begin adding bags of HGM. (6) All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. (7) Fertilizer and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. (8) Add seed and/or other amendments to slurry as required. (9) Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. Hydraulic seeding equipment shall include a pump capable of being operated at 100 gallons per minute and at 100 pounds per square inch pressure. The equipment shall have a nozzle adaptable to hydraulic seeding requirements. Storage tanks shall have a means of estimating the volume used or remaining in the tank. Seed shall be added to the slurry onsite no more than 60 minutes before starting application. The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to the Department. The Contractor may be required to apply slurry using multiple hoses to ensure uniform application to all areas of the site. Coverage rates shall be based on the volume of material in the tank, as verified by the Engineer. Areas of lighter applications (covering more area than what is calculated) will require additional application, as directed at no additional cost to the County. An appropriate curing period shall be in accordance with manufacturer's recommendations and shall consider forecasted weather conditions. Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. Subsection 212.05(c) shall be revised to include the following immediately after the first paragraph: Broadcasting seed will be permitted only on small areas that are not accessible to machine methods. Delete the first paragraph of Subsection 212.05(c)(i) and replace with the following: 1. Fertilizing, Compost, and Elemental Sulfur. When fertilizing, compost, and elemental sulfur is required, the Contractor shall uniformly apply compost and elemental sulfur on the surface of the placed topsoil using an agricultural spreader at the rate of application specified on the plans or as recommended by the CSU Soil Testing Laboratory. All competitive non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Delete the second paragraph of Subsection 212.05(c)(iii) and replace with the following: Areas shall be seeded by broadcast -type seeders (cyclone or approved mechanical seeders). The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to the County. Subsection 212.09 shall be revised to include the following: 127 October 1, 2021 a REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Fertilizer, compost, and elemental sulfur, if identified as separate pay items in the Contract, will not be measured but shall be the quantities designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Subsection 212.10 shall be revised to include the following: Payment will be made under: Pay Item Pay Unit Biotic Earth Black (HGM} Acne Soil Conditioning (Fertilizer) Acre Boil Conditioning (Compost) Acre Soil Conditioning (Elemental Sulfur) Acre Unless specifically identified as separate pay items in the Contract, Organic Fertilizer, Compost (Mechanically Applied) and Mycorrhizae soil amendments for Seeding (Native) methods drill, hydraulic, and broadcast will not be measured separately and shall be included in the cost of the work. The addition of Mycorrhiza will not be measured and paid for separately but shall be included in the work. END OF SECTION 128 October 1, 2021 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 213.04, paragraph 2 and replace with the following: The quantity of hydro -mulch and tackifier will not be measured separately but shall be included in the measurement for seeding. In subsection 213.05, Add the following: Mulching (Hydro -mulch with Tackifier) shall be considered incidental to seeding (native). END OF SECTION 129 October 1, 2021 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: Delete Subsection 216.01 and replace with the following: This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway ditches, slopes, or channels as designated in the Contract or as directed. This work shall also include site preparation to proper depth, placement of native soil over the turf reinforcement mat as recommended by the TRM manufacturer or as directed by Weld County. When Soil Retention Blankets (bio-degradable) are required the work will be paid for separately per Section 216 Soil Retention Blanket (straw/coconut). In Subsection 216.02(a) delete Table 216-2 and replace with the following: Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application Permissible Shear Stress2 (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 1 < 0.10@3:1 2.00 lbs/sf 100 lbs/ft 2 < 0.10@3:1 2.25 lbs/sf 125 lbs/ft Notes: "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h:v) to ratio of soil loss from unprotected (control) plot in large-scale testing. Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as I inch of soil loss during a 30 -minute flow event in large scale testing. Subsection 216.02(b) shall be revised to include the following: Prior to installation, topsoil shall be placed and amended with soil conditioning in accordance with Section 207 and Section 212. Then one-half of the specified seed shall be applied by hand broadcasting at the broadcast rate and raked into the soil in accordance with Section 212. After installation, the TRM shall be covered with 0.5 inches of topsoil in accordance with Section 207. After the topsoil has been placed, the remaining one-half of the seed shall be hand broadcast at the broadcast rate and raked into the soil in accordance with Section 212. In Subsection 216.02(b) delete Table 216-4 and replace with the following: 130 October 1, 2021 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Specification Product Name1'2 LandLok 450 Pyramat 25 Pyramat 50 Pyramat 75 Thickness ASTM D-6525 (in) 0.50 0.25 0.30 0.40 Tensile Strength ASTM D-6818 (Ibs/ft) 425 x 350 2000 x 180O 3200 x 3000 4000 x 3000 Elongation ASTM D-6818 (%) 50 20x20 30x30 40x35 Resiliency ASTM D-6524 (%) 90 70 70 80 Flexibility ASTM D-6576 (in -lb) 0.026 0.195 0.195 0.534 UV Resistance % Retained @ 1,000 Hours ASTM D- 4355 80 90 90 90 Velocity (Vegetated) (ft/sec) 18 20 22 25 Permissible Shear Stress3 (Vegetated) ASTM D 6460 (lbs/ft2) 10 12 14 16 Manning's n (Unvegetated) 0.025 0.028 0.028 0.028 Seeding Emergence ASTM D-7322 (%) 409 255 - 619 Roll Sizes (ft x ft) 8x140 16 x 140 16 x 348.75 8.5 x 120 8.5x120 15x120 8.5x120 15x120 Notes: 1 In the event that the product name is not called out in the plans, Pyramat 75 shall be the installed. 2 Approved equivalent products may used if approved by the Engineer. An approved equivalent product must meet or exceed all specifications listed above. 3 Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 - minute flow event in large scale testing. In Subsection 216.02(c) delete paragraph one and replace with the following: Staples. Staples shall be made of ductile steel wire. For use in Channel: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. For use on Slope: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. "T" shaped pins shall not be used. Subsection 216.08 shall be revised as follows: Payment will be made under: Pa Item Pa Unit Soil Filled Turf Reinforcement Mat (Class 3) Square Yard In Subsection 216.08 delete all paragraphs following the payment table and replace with the following: Preparation of seedbed, placement of topsoil, fertilizing, soil conditioning, and seeding shall not be paid for separately but shall be incidental to the Soil Filled TRM. Staples will not be paid for separately but shall be included in the work. END OF SECTION 131 October 1, 2021 1 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST Section 240 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 240.01 This work consists of protecting migratory birds during construction. MATERIALS AND CONSTRUCTION REQUIREMENTS 240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking (pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall retain a qualified wildlife biologist for this project. The wildlife biologist shall have a minimum of three years' experience conducting migratory bird surveys and implementing the requirements of the MBTA. The Contractor shall submit documentation of the biologist's education and experience to the Engineer for acceptance. A biologist with less experience may be used by the Contractor subject to the approval of the Engineer based on review of the biologist's qualifications. The wildlife biologist shall record the location of each protected nest, bird species, the protection method used, and the date installed. A copy of these records shall be submitted to the Engineer. (a) Vegetation Removal. When possible, vegetation shall be cleared prior to the time when active nests are present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 shall first be surveyed within the work limits for active migratory bird nests. The Contractor's wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work limits. Contractor personnel shall enter areas outside CDOT right of way only if a written, signed document granting permission to enter the property has been obtained from the property owner. The Contractor shall document all denials of permission to enter property. The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the biologist until all nests within that area have become inactive. Inactive nest removal and other necessary measures shall be incorporated into the work as follows: 1. Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August 31, a survey for active nests shall be conducted by the wildlife biologist within the seven days immediately prior to the beginning of work in each area of tree and shrub removal or trimming. The survey shall be conducted for each phase of tree and shrub removal or trimming. If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension may be changed if determined appropriate by the wildlife biologist and approved by the Engineer. Work shall not proceed within the fenced buffer area until the young have fledged or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. 132 October 1, 2021 2 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. 2. Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds' habitat, if work occurs between April 1 and August 31, the area shall be surveyed by a wildlife biologist within the seven days immediately prior to ground disturbing activities. The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing until August 31 or until the end of ground disturbance work, whichever comes first. If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. (b) Work on structures. The Contractor shall prosecute work on structures in a manner that does not result in a taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he takes the following actions: 1. The Contractor shall remove existing nests prior to April 1. If the Contract is not awarded prior to April 1 and CDOT has removed existing nests, then the monitoring of nest building shall become the Contractor's responsibility upon Notice to Proceed. 2. During the time that the birds are trying to build or occupy their nests, between April 1 and August 31, the Contractor shall monitor the structures at least once every three days for any nesting activity. 3. If the birds have started to build any nests, they shall be removed before the nest is completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters. 4. Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired or replaced as needed. Netting shall consist of a mesh with openings that are ' inch by' inch or less. If an active nest become established, i.e., there are eggs or young in the nest, all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied as determined by the wildlife biologist and approved by the Engineer. The Contractor shall prevent construction activity from displacing birds after they have laid their eggs and before the young have fledged. 133 October 1, 2021 3 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, the Contractor shall remove and properly dispose of netting used on the structure. (c) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for the taking of a migratory bird. METHOD OF MEASUREMENT 240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife biologist is on site performing the required tasks. Removal of nests will be measured by the actual number of man-hours spent removing inactive nests just prior to and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to the Engineer each week for approval a list of the workers who removed nests and the number of hours each one spent removing nests. Netting will be measured by the square yard of material placed to keep birds from nesting on the structure. Square yards will be calculated using the length of netting measured where it is attached to the ground and the average height of the netting where it is attached to the structure. BASIS OF PAYMENT 240.04 The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pa Item Pay Unit i , ... our Removal of Nests Hour Payment for Wildlife Biologist will be full compensation for all work and materials required to complete the item, including wildlife biologist, wildlife survey, and documentation (record of nest location and protection method). Payment for Removal of Nests will be full compensation for all work and material required to complete the work. Payment for netting will be full compensation for all work and material required to complete the item. Overlaps of netting will not be measured and paid for separately but shall be included in the work. Maintenance and replacement, removal, and disposal of netting will not be measured and paid for separately but shall be included in the work. Clearing and grubbing will be measured and paid for in accordance with Section 201. Mowing will not be measured and paid for separately but shall be included in the work. Removal and trimming of trees will be measured and paid for in accordance with Section 202. Fence (Plastic) will be measured and paid for in accordance with Section 607 END OF SECTION 134 October 1, 2021 1 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.01 shall include the following: This work consists of furnishing and placing aggregate as shouldering material adjacent to the edges of pavement. This work consists of furnishing and placing aggregate as surface material on the gravel roadways as designated in the plans. Aggregate Base Course (RAP) consists of hauling to the site and placing one or more courses of asphalt millings on a prepared surface in conformity with the lines, grades, and typical sections shown on the plans or established. Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03. The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least 69 when tested by the Hveem Stabilometer method. Materials for Aggregate Base Course (Shouldering) shall meet all the requirements for Class 6. Materials for Aggregate Base Course (Surface Gravel) shall meet all the requirements in Section 703.03. Approval of the surface gravel will be contingent on material meeting the requirements in Table 703-3. The material shown on the plans as Aggregate Base Course (RAP) may be generated on site from item 202 — Removal of Asphalt Mat (Planing). Should the Contractor elect to supply any or all the Aggregate Base Course (RAP) from a Contractor source, then this material shall meet the requirements of subsection 703.03 Subsection 304.03 shall include the following: Commercial Mineral Fillers will not be allowed in Aggregate Base Course (Shouldering) or in Aggregate Base Course (Surfacing). Subsection 304.04 shall include the following: A device capable of placing the shouldering material in its final position shall be used. The device is subject to the Engineer's approval. Dumping of shouldering material on the roadway surface will not be permitted. Delete the fourth paragraph of Subsection 304.06 and replace with the following: Compaction of shoulder gravel shall achieve a density of not less than 95% of the modified proctor. Subsection 304.07 shall be deleted and replaced with the following: The Contractor shall be aware that the plan quantities are based upon unit weight and in -place density, as describe in the Plans. The Contractor's bid unit cost shall account for differing unit weights intended to be furnished to the project as no quantity adjustments will be made for differing unit weights. The Project 135 October 1, 2021 2 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE Inspector will verify that the plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the material supplier. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. At the sole discretion of Weld County, failure to comply with the requirements of this subsection shall be grounds for replacement of damaged roadway sections by the contractor at no cost to the County. Subsection 304.08 shall include the following: Pay Item Pay Unit Aggregate Base Course (Shouldering) Ton Aggregate Base Course (Surface Gravel) Ton Aggregate Base Course (Class 6) Ton Aggregate Base Couse (RAP) Ton Aggregate Base Course (2 Feet Wide Shoulder Material)(RAP) Cubic Yards 136 October 1, 2021 3 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE Section 703 of the Standard Specifications is hereby revised for this project as follows: Subsection 703.03 Table 703-2 shall be deleted and replaced with the following: Table 703-2 CLASSIFICATION FOR AGGREGATE BASE COURSE Sieve Designation Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Surface Gravel Standard (mm) Mesh (in) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 2 '/ 100 50.00 - 2 95-100 100 37.50 1 1/2 90-100 100 100 25.40 1 95-100 100 100 90-100 19.00 ' 50-90 95-100 12.50 '/2 55-80 4.76 No. 4 30-65 30-50 30-70 30-65 45-65 2.38 No. 8 25-55 20-85 33-53 0.42 No. 40 15-35 0.07 No. 200 3-15 3-15 20 Max. 3-12 3-15 3-12 5-15 4-15 Plasticity Index 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 4-12 LA wear test (T96) 50 Max. 50 Max. 40 Max. NOTE: Class 3 material shall consist of bank or pit run material END OF SECTION 137 October 1, 2021 1 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised as follows: Subsection 401.02(a) shall include the following: (4) The job -mix formula for Pavement shall be established by a testing laboratory approved by the County and at the Contractor's expense. Copies of all test data shall be provided to and approved by the County prior to construction. Subsection 401.02(b) shall include the following: After the Form 43 is executed, and all ingredients are available on the project, the Contractor shall notify the Engineer a minimum of one working day in advance of beginning production of the hot mix asphalt. Any changes in the Form 43 will require the same notification unless otherwise approved by the Engineer. Subsection 401.17, first paragraph, shall be modified to include the following: If the Contractor can demonstrate to Weld County that all the manufacturer's recommendations were followed and the pneumatic tire roller is detrimental to the finished surface of the HMA, the Contractor may request Weld County to waive the pneumatic tire roller requirement. Pneumatic tire rollers shall not be used on SMA pavement. Steel wheel rollers shall not be used in vibratory mode when compacting HMA or SMA on bridge decks. END OF SECTION 138 October 1, 2021 1 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall be revised to include the following: The design mixes for hot mixes asphalt shall conform to the following: Table 403-1 Property Test Value for Grading Method SX (PG 64-28) S (PG 76-28) S (PG 64-28) SG (PG 64-22) Patching Air Voids, percent at: N (design) CPL 5115 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): N (design) CPL 5115 100 100 100 100 100 Stability, minimum CPL 5106 30 30 30 30 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36mm (No. 8) Sieve for ST and SF with at least 2 Mechanically Induced fractured faces, % minimum* CP 45 60% 60% 60% 90% 60% Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 Method B 80 80 80 80 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG 64-28 PG 76-28 PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-22 PG 64-22 Voids in the Mineral See Table See Table See Table See Table See Table Aggregate (VMA) % minimum CP 48 403-2 403-2 403-2 403-2 403-2 Voids Filled with Asphalt (VFA), % Al MS -2 65-75 65-75 65-75 65-75 65-75 Dust to Asphalt Ratio 0.6 —1.2 0.6 — 1.2 0.6 —1.2 0.6 —1.2 0.6 —1.2 Fine Gradation Coarse Gradation CP 50 0.8-1.6 0.8-1.6 0.8-1.6 0.8-1.6 0.8-1.6 Note 1: Al MS -2 = Asphalt Institute Manual Series 2 Note 2: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note 3: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Note 4: Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Note 5: Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by the Engineer depending on project conditions. 139 October 1, 2021 2 REVISION OF SECTION 403 HOT MIX ASPHALT All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1%) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 19.0 ('4) 13.6 13.7 13.8 12.5 (%) 14.6 14.7 14.8 9.5 ('/) 15.6 15.7 15.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt for the bottom and middle lifts may contain up to 20% reclaimed asphalt pavement if approved by the Engineer. The hot mix asphalt for the top lift shall be a virgin HMA design and shall not contain any reclaimed asphalt pavement unless approved by the Engineer. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt when determined by the Engineer. Acceptance samples shall be taken in accordance with CP-41, as determined by the Engineer and/or Inspector. Subsection 403.03 shall be revised to include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. If liquid anti -stripping additive is added at the plant, an approved in -line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to thoroughly mix the asphalt cement and anti -stripping additive. Subsection 403.05 shall be revised to include the following: Payment will be made under: 140 October 1, 2021 3 REVISION OF SECTION 403 HOT MIX ASPHALT Pay Item Pay Unit Hot Mix Asphalt (Grading S)(100)(PG 64-28) Ton Hot Mix Asphalt (Grading S)(100)(PG 64-22) Ton Hot Mix Asphalt (Grading SX)(100)(PG 64-28) Ton Hot Mix Asphalt (Patching)(Asphalt) Ton Hot Mix Asphalt (Grading SX)(100)((PG 64-28)(2 inches) Ton Asphalt cement shall not be measured and paid for separately but shall be included in the work. Asphalt cement used in Hot Mix Asphalt (Patching) shall not be measured and paid for separately but shall be included in the work. The Contractor shall collect the scale ticket on each load when it is delivered to the project site and ensure that the information required in subsection 109.01 is shown on each ticket. The scale tickets shall be available on site for County personnel to inspect. Each day, the Contractor shall provide to the County, envelopes which contain the previous day's signed tickets and the following: A. On each envelope: Project number, location, date of paving, type of material, daily total and cumulative total. B. One of the following: 1. Two adding machine tape tabulations of the weight tickets with corresponding total run and signed by two different persons, 2. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person, or 3. Signed check tape of computer scale tickets that have a cumulative total. These scale tickets must be consecutive and without voids or adjustments. C. A listing of any overweight loads on the envelope, including ticket numbers and amount over legal limit. D. A comparison of the actual yield for each day's placement to the theoretical yield. Theoretical yield shall be based on the actual area paved, the planned thickness, and the actual density of the mixture being placed. Any variance greater than +2.5% shall be indicated on the envelope and a written explanation included. END OF SECTION 141 October 1, 2021 1 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised as follows: Delete Subsection 411.05 and replace with the following: Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid for Hot Mix Asphalt (Grading SX)(100)(PG 64-28), and Hot Mix Asphalt (Grading S)(100)(PG 64-22). END OF SECTION 142 October 1, 2021 1 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 shall include the following: This work includes furnishing and installing geosynthetic material over unsuitable subgrade materials in accordance with these specifications and the details shown on the plans. Subsection 420.02 shall include the following: Geotextile (Mirafi RS580i) shall meet the requirements of subsection 712.08 and Table 712-2a. The Geotextile (Mirafi RS580i) is intended to be used for stabilization between the sub -grade and the aggregate base course. The aggregate fill to be placed over the top of the geosynthetic material shall meet all the specifications of Aggregate Base Course (Class 6). Subsection 420.06 shall include the following: Geotextile (Mirafi FW-3001) shall meet the requirements of subsection 712.08 and Table 712-2b. The Geotextile (Mirafi FW-300) is intended to function as a filter fabric and shall be placed beneath all riprap materials. Subsection 420.07 shall be deleted and replaced with the following: Geotextiles shall be installed as follows: Subgrade Preparation: Clear, grub and excavate (as required) to the plan subgrade or undercut elevation, stripping topsoil, deleterious debris and unsuitable material from the site. Cut stumps and other projecting vegetation as close and even to the ground surface as practical. Specialized equipment with low ground pressure, as directed by the Engineer, may be required for very soft soils (CBR ≤ 1.5%) to minimize subgrade disturbance. In addition, it may also be beneficial to leave root mats in place in such instances. The surface of the subgrade should be relatively smooth and level, and depressions or humps greater than 6 inches should be graded out. Geotextile Deployment: The geotextile reinforcement shall be placed directly on the prepared subgrade and shall be rolled out flat and tight with no folds or wrinkles. Unroll the geotextile in the direction of travel so that the machine direction (i.e., long axis) of the roll is parallel with channelized traffic patterns. Adjacent rolls shall be overlapped along their sides and ends as a function of subgrade strength as follows: CBR ≥ 3% 12" to 18" overlap 1% ≤ CBR ≤ 3% 24° to 36" overlap 0.5% ≤ CBR < 1% 36" or Sewn CBR < 0.5°!0 Sewn If the need for 40" inches of overlap is reached, the overlap shall be sewn or otherwise adhered to limit the potential formation of a slip plane between the overlapped panels. Sewn seems shall be in accordance with the manufacturer's recommendations. Note: very heavy loading and very soft subgrades will also warrant sewn seams instead of overlapping panels. 143 October 1, 2021 2 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS Prior to fill placement, the geosynthetic can be held in place using U-shaped sod staples or simply by strategically placing shovelfuls of the fill to weigh down the geosynthetic. Overlap the geosynthetics in the direction fill will be spread to avoid peeling -back of the geosynthetic at overlaps by the advancing fill. Cut and overlap the geosynthetic to accommodate curves. Cutting may be done with sharp shears, razor knives or handheld power (i.e., "cutoff') saws. Cut the geosynthetic to conform to immovable protrusions, such as manhole covers and vertical utilities. Overlap lengths shall not be paid for separately but shall be considered subsidiary to item 420. Installation and Repairs for Damaged Areas: Repairs to geotextiles can be made in the field by placing a repair panel or patch over the damaged area. The repair panel shall extend a minimum of 3 ft beyond the edges of the damaged geotextiles. Pullout and/or direct sliding calculations should be performed by the project engineer to verify the minimum required overlap length to meet a specific project's requirements. Geotextile that is damaged after placement shall be removed and replaced at the Contractor's expense. Fill Placement: Aggregate fill, as specified, should be placed directly over the geosynthetic in 8 - 12 -inch loose lifts. Typically, if the design section thickness is ≤ 16 inches, the entire section should be placed and compacted in one single lift to minimize further degradation of the subgrade. On relatively competent subgrades (CBR a 4%), standard, highway -legal, rubber -tired vehicles (end dumps and belly dumps) may be driven over the exposed geosynthetic at slow speeds (less than 5 mph), and in straight paths. These vehicles can dump aggregate fill as they advance, provided this construction traffic does not cause rutting more than 3 inches deep upon bare subgrade. Sudden braking, sudden starting and sharp turning shall be avoided. Tracked construction equipment must not be operated directly upon the exposed geotextiles. A minimum aggregate fill thickness of 6 inches is required prior to operation of tracked equipment on the geotextile. In addition, turning of tracked equipment should be kept to a minimum to prevent tracks from displacing the fill and damaging the geosynthetic. Over softer subgrades (CBR < 4%), aggregate fill shall be end - dumped from the edge of the previously placed material, spreading from the middle outward. Compaction: Standard compaction methods may be used unless the soils are very soft (CBR ≤ 1.5%). In such cases, static compaction with a light smooth drum roller is considered prudent. Subsection 420.09 shall include the following: Geotextile (Mirafi RS580i) shall be measured in place by the square yard of surface area covered, completed, and accepted. Subsection 420.10 shall include the following: Payment will be made under: Pay Item Geotextile (Mirafi RS580i) Pay Unit Square Yard Geotextile (Mirafi FW-300) shall be included in the cost of the riprap pay item. Payment shall be full compensation for all work and materials required to complete the item. Subsection 712.08 shall include the following: 144 October 1, 2021 3 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS Table 712-2a Geotextile (Mirafi RS580i) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum) Feet 300 Roll Width (minimum) Feet 15 Roll Area (minimum) Sq. Yd. 500 Mechanical Properties Test Method Unit I Minimum Average Roll Value STRENGTH Tensile Modulus @ 2% strain (CD) ASTM D4595 lbs/ft 1,800 Tensile Modulus @ 5% strain (CD) ASTM D4595 lbs/ft 4,380 HYDRAULIC Flow Rate ASTM D4491 gal/min/ft2 75 Permittivity ASTM D4491 sec -1 1.0 SOIL RETENTION Apparent Opening Size (AOS) ASTM D4751 U.S. Sieve 40 Pore Size 095 ASTM D6767 microns 337 Pore Size 050 ASTM D6767 microns 192 SOIL INTERACTION Interaction Coefficient ASTM D6706 -- 0.9 Factory Sewn Seam ASTM D4884 lbs/ft 3,000 UV Resistance (at 500 hours) ASTM D4355 % strength retained 90 Table 712-2b Geotextile (Mirafi FW-300) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum) Feet 300 Roll Width (minimum) Feet 12.5 Roll Area (minimum) Sq. Yd. 417 Mechanical Properties Test Method Unit Minimum Average Roll Value STRENGTH Grab Tensile Strength ASTM D4632 lbs 400 (MD) 335 (CD) Grab Tensile Elongation ASTM D4632 % 20(MD) 15(CD) Trapezoid Tear Strength ASTM D4533 lbs 145 (MD) 125 (CD) CBR Puncture Strength" ASTM O6241 lbs 1,250 HYDRAULIC Flow Rate ASTM D4491 gal/min/ft2 115 Permittivity ASTM D4491 sec -1 1.5 Percent Open Area COE-02215 % 8 SOIL RETENTION Apparent Opening Size (AOS) ASTM D4751 U.S. Sieve } 30 SOIL INTERACTION UV Resistance (at 500 Burs) I ASTM D4355 I % strength retained i90 END OF SECTION 145 October 1, 2021 1 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: Subsection 506.01 shall be revised to include the following: This work consists of the construction of riprap and the installation of Geotextile (Mirafi FW-300) in accordance with the Specifications and as shown on the Plans. The installation of Geotextile (FW-300) shall be considered incidental to riprap construction and no separate payment shall be made. Subsection 506.03 shall be revised to include the following: Geotextile (Mirafi FW-300) shall meet the material requirements of Subsection 712.08 Geotextiles and table 712-2b. This item shall be included in the cost of the riprap pay item unless listed separately in the Contract. END OF SECTION 146 October 1, 2021 1 REVISION OF SECTION 506 GEOGRID REINFORCEMENT FOR THE ROADWAY EMBANKMENT DESCRIPTION 506.11 This work consists of furnishing and installing geogrid reinforcement material, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS 506.12 Geogrid is a polymer grid structure specifically fabricated for use as a soil reinforcement. Geogrid reinforcement material shall conform to the following: Table 506-4 Geogrid Specifications Physical Properties Unit *Characteristic Values Roll Length Feet 246 Roll Width Feet 13.1 Roll Weight Lb 159 Mass per Unit Area oz/sq yd 7.1 Rib Pitch, Transverse/Longitudinal Direction inch 1.6 Rib Pitch, Diagonal Direction inch 1.6 Mid -Rib Depth, Transverse/Longitudinal Direction Inch 0.06 Mid -Rib Depth, Diagonal Direction Inch 0.06 Mid -Rib Width, Transverse/Longitudinal Direction Inch 0.05 Mid -Rib Width, Diagonal Direction Inch 0.04 Rib Shape Rectangular Aperture Shape Triangular Mechanical Properties Unit Test Method *Minimum Value Radial Stiffness at 0.5% Strain lb/ft ASTM D 6637-01 20,580 Junction Efficiency percent GG2 93 Resistance to Chemical Degradation % 100 Resistance to UV Degradation % 70 The geogrid reinforcement shall be composed principally of polypropylene or high density polyethylene. The geogrid reinforcement shall contain stabilizers or inhibitors to prevent degradation of properties due to ultraviolet light exposure. The geogrid reinforcement shall be inert to all naturally occurring alkaline and acidic soil conditions. The manufacturer shall furnish certified test reports from an independent laboratory indicating that the material meets the requirements of the specification. Tensar TX -160 is one product that meets or exceeds the specifications outlined in Table 506-4. 147 October 1, 2021 2 REVISION OF SECTION 506 GEOGRID REINFORCEMENT FOR THE ROADWAY EMBANKMENT CONSTRUCTION REQUIREMENTS 506.13 Geogrid reinforcement shall be installed in accordance with the following: (a) Delivery, Storage, and Handling. Upon delivery, the Contractor shall check the geogrid to assure the proper material has been received. Geogrid rolls shall be stored in a manner that prevents excessive mud, wet concrete, epoxy, or other deleterious materials from coming in contact with and affixing to the geogrid. Rolls may be stored horizontally in stacks not to exceed five rolls high. Special care shall be taken in the handling of geogrids manufactured from polypropylene at temperatures at or below 0 °F. (b) Site Preparation. (1) Clear, grub and excavate (if necessary) to the design subgrade elevation, stripping topsoil, deleterious debris and unsuitable material from the site. For very soft soils (CBR < 0.5),the Engineer may allow minimal subgrade disturbance and leave root mats in place, cutting stumps and other projecting vegetation as close and even to the ground surface as practical. For moderately competent soils (CBR > 2), the subgrade shall be lightly proof rolled to locate unsuitable materials. Ruts shall be back dragged to provide a smooth surface to the extent possible. (2) Smooth grade and compact the soils using appropriate compaction equipment. Grade or crown the surface for positive drainage away from the construction zone. Table 506-5 Summary of Tensar TX -160 Geogrid Installation Parameters Sul grade Strength learAll Vegetation? Geogrid Orieiitation3 =Geogrid Overlap4 [Nylon Zip Ties?' Direct Traf ic? 5 eotextile? CBR < 0.5 N T or L 3 ft Y N Analysis Required 0.5 < CBR < 2 Usually L 2-3 ft N N Analysis Required 2< CBR < 4 Y L 1-2 ft N Limited Analysis Required CBR Y , L 1 ft.. N :`:`Y N NOTES: 1. Summary is a generalized presentation. 2. Y = Yes, normally required; N = No, normally not required. 3. Geogrid Orientation (roll axis in relation to traffic): T = Transverse, L = Longitudinal. 4. General Geogrid Overlap Rule: Overlap = 3 ft for CBR < 1; Overlap = 1 ft for CBR > 4; interpolate between. 5. Direct Traffic pertains only to conventional rubber -tired equipment. 6. Analysis Required = Geotextile required only if filtration criteria are not met by aggregate fill. (c) Geogrid Installation. Geogrid shall be laid at the proper elevation and alignment as shown on the plans or as directed by the Engineer. Geogrid shall be oriented such that the roll length runs parallel to the roadway alignment. Place the rolls of geogrid in position, cut the roll bands and manually unroll the material over the prepared surface. In subgrade stabilization improvement applications, this surface will always be the subgrade. In pavement optimization applications, it may be the subgrade, the subbase or at an elevation (e.g., mid -depth) within the aggregate base course. 148 October 1, 2021 3 REVISION OF SECTION 506 GEOGRID REINFORCEMENT FOR THE ROADWAY EMBANKMENT Unroll the geogrid in the direction of travel so that the long axis of the roll is parallel with channelized traffic patterns. Overlap adjacent rolls along their sides and ends in accordance with Table 506-5. Care shall be taken to ensure that geogrid sections do not separate at overlaps during construction. Overlap ("shingle") geogrids in the direction the fill placement will be spread to avoid "peeling" of geogrid at overlaps by the advancing fill. Weaker subgrades that are easily rutted with conventional construction traffic shall require an "end -dumping" operation. Adjacent geogrid rolls are not normally mechanically connected to one another except where noted in Table 506-5. Cut and overlap the geogrid to accommodate curves. Cutting may be done with sharp shears, a knife -like implement or handheld power (i.e., "cutoff') saws. Cut grid to conform to manhole covers and other immovable protrusions. Do not allow excessive buckling of the geogrid. Geogrid rolls exhibit "roll memory" where the product may roll back upon cutting or reaching the end of the roll. The installer shall take appropriate measures to ensure that the product lies flat during fill placement. Geogrid material shall be secured to the ground surface by placement of loose fill at the corners and edges or as directed by the Engineer. (d) Dumping and Spreading Aggregate Fill: At least 6 in. is required for the initial lift thickness of aggregate fill over geogrids. However, for very soft conditions, a significantly thicker fill layer will be required to prevent excessive rutting and/or bearing capacity failure of the underlying subgrade soils. Fill material shall be back -dumped from trucks riding on top of the reinforced fill and bladed onto the geogrid in such a manner that the fill rolls onto the grid ahead, e.g., by gradually raising dozer blade while moving forward. Over relatively competent subgrades (CBR > 4), aggregate fill may be dumped directly onto the geogrid. Standard, highway -legal, rubber -tired trucks (end dumps and belly dumps) may drive over the geogrid at very slow speeds (less than 5 mph) and dump aggregate fill as they advance, provided this construction traffic will not cause significant rutting upon bare subgrade. Turns and sudden starts and stops should be avoided. Over softer subgrades, back trucks up and dump fill upon previously placed fill. For very soft subgrades (CBR < 0.5), extreme caution shall be taken to avoid overstressing the subgrade soil both during and after fill placement. Do not drive tracked equipment directly on geogrid. Ensure at least 6 in. of aggregate fill (or required minimum design fill thickness) is spread between the geogrid and tracked equipment. • Over softer subgrades (CBR < 2), a lightweight, low ground pressure (LGP) dozer shall be used to evenly push out the fill over the exposed geogrid. Do not to catch the dozer blade or other equipment on the geogrid. The dozer blade shall be raised gradually as each lift is pushed out over the geogrid. The desired effect is for fill material to cascade onto the geogrid, rather than being pushed into it. 149 October 1, 2021 4 REVISION OF SECTION 506 GEOGRID REINFORCEMENT FOR THE ROADWAY EMBANKMENT Be aware of geogrid overlaps and advance the aggregate fill with the shingle pattern. (e) Compacting. Material placed over the geogrid shall be compacted in accordance with the compaction requirements for embankment for this project or as directed. Care shall be taken to assure the geogrid reinforcement is not damaged. Reinforced backfill shall be compacted to 95 percent of the maximum density as determined by AASHTO T-99. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be within two percent of optimum. METHOD OF MEASUREMENT 506.14 Geogrid reinforcement will be measured in place by the square yard of surface area, completed and accepted. BASIS OF PAYMENT 506.15 The accepted quantities will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item Reinforcement Pay Unit Square Yerct Payment will be full compensation for all labor, materials, equipment, and other items necessary and incidental to the completion of the work. Additional geogrid for overlaps will not be measured and paid for but shall be included in the work. Aggregate Base Course will be paid for as provided in Section 304. END OF SECTION 150 Octoberl , 2021 1 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete subsections 601.01 thru 601.07 and replace with the following: 601.01 This work consists of furnishing and placing Portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions as shown on the plans or established. This work includes preparing concrete surfaces designated in the Contract and applying an approved colored Structural Concrete Coating to them. The use of ACI 318, Building Code Requirements for Structural Concrete, is not acceptable as it pertains mainly to structural concrete buildings. 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 CONCRETE TABLE Concrete Class Minimum Required Field Compressive Strength (psi) at 28 days Cementitious Material Content: Minimum or Range (lbs/yd3) Air Content: % Range (Total) Water/Cementitious Material Ratio: Maximum B 4500 N/A 5 - 8 0.45 BZ 4500 610 N/A 0.45 D 4500 615 to 660 5 - 8 " 0.45 DT 4500 700 5 - 8 0.44 E 4500 520 4 - 8 ' 0.44 G 4500 N/A 5 - 8 0.45 P 4500 520 4 - 8 0.44 PS (Girders) 8500 Requirements for these mixes are specified in Subsection 618.11 of the Specifications PS (Deck Panels) 6000 S35 5000 615 to 720 5 - 8 0.42 S40 5800 615 to 760 5 - 8 0.40 S50 7250 615 to 800 5 - 8 0.38 Shotcrete 4500 N/A 7-10* 0.45 * Prior to pumping for wet process. Class B concrete is an air entrained concrete for general use. Class D, G or P concrete may be substituted for Class B concrete. Additional requirements are: (1) The coarse aggregate shall have a nominal maximum size of 1% inches or smaller. (2) Class B Concrete for slope and ditch paving shall be macro -fiber reinforced. 151 October 1, 2021 2 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class BZ concrete is concrete for drilled shafts. Additional requirements are: (1) Entrained air is not required unless specified in the Contract. When entrained air is specified in the Contract, the air content shall be 5 to 8 percent. (2) Slump shall be a minimum of 6 inches and a maximum of 9 inches. A minimum of 6 inches slump shall be maintained during the anticipated pour period. The use of retarders and mid- range water reducers is allowed to extend the slump life of the concrete. When the Contractor elects to use self -consolidating concrete (SCC), the slump requirement for Class BZ Concrete does not apply. (3) The coarse aggregate size shall be AASHTO M43 size #8 unless otherwise approved by the Engineer. Class D concrete is a dense medium strength structural concrete. Class G may be substituted for Class D concrete. Additional requirements are: (1) An approved water reducing admixture shall be incorporated in the mix. (2) The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, or No. 67 coarse aggregate. (3) When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class DT concrete may be used for deck resurfacing and repairs. Additional requirements are: (1) An approved water reducing admixture shall be incorporated into the mix. (2) The concrete mix shall consist of a minimum 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate by weight of total aggregate. Class E concrete is used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Class E concrete shall meet the requirements of Class P concrete. ASTM C150 Type Ill or ASTM C1157 Type HE cement may be used. Accelerating admixtures may be used. Class G concrete is a low shrinkage macro fiber -reinforced structural concrete. Class G concrete may be substituted for Class B or Class D concrete. Additional requirements are: (1) The concrete shall include a minimum of 4 pounds per cubic yard of Macro Fiber -Reinforcement. (2) Shrinkage reducing admixtures may be incorporated into the mix. (3) The unrestrained shrinkage shall be less than 0.030 percent when tested by CP-L 4103. (4) The permeability of the mix shall not exceed 2,500 coulombs at an age of not more than 56 days when tested in accordance with ASTM C1202. (5) The mix may contain more than 30 percent fly ash by weight of the total cementitious material. 152 October 1, 2021 3 REVISION OF SECTION 601 STRUCTURAL CONCRETE (6) The mix may use an optimized gradation with a nominal aggregate size of at least' inch. The mix shall have a nominal maximum aggregate size of 3 inch if an optimized gradation is not used. (7) An expansive cement additive may be added to an ASTM C150 Type I/II cement and fly ash to produce an ASTM C845 Type K cement. Approximately 15 to 20 percent by weight of the cementitious content of the concrete will be the expansive cement additive. The proportion of the expansive cement additive will be determined by testing the cementitious material blend in accordance with ASTM C806. The blended material shall have an expansion of 0.04 to 0.10 percent at 7 days when tested in accordance with ASTM C806. When an expansive cement is used the w/cm ratio shall be 0.45 to 0.55, and the expansion of the laboratory trial mix shall be 0.05 to 0.09 percent at 7 days when tested in accordance with ASTM C878. Class P concrete is used in pavements. Additional requirements are: (1) The Required Field Flexural Strength shall be 650 psi when flexural strength acceptance is specified. The laboratory trial mix shall produce a minimum average 28 day flexural strength of 700 psi. (2) The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. (3) If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. (4) Class P concrete pavement shall utilize an optimized graded concrete pavement (OGCP) design. Class PS concrete is used for prestressed concrete members. Requirements for Class PS concrete are specified in subsection 618.11. Class S35 concrete is a dense high strength structural concrete. Additional requirements are: (1) An approved water reducing admixture shall be incorporated in the mix. (2) The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. (3) When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class S40 concrete is a dense high strength structural concrete. Additional requirements are: (1) An approved water reducing admixture shall be incorporated in the mix. (2) The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. (3) When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO. M 43 size No. 67 coarse aggregate. 153 October 1, 2021 4 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class S50 concrete is a dense high strength structural concrete. Additional requirements are: (1) An approved water reducing admixture shall be incorporated in the mix. (2) The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. (3) (4) The laboratory trial mix shall not exhibit a crack before 15 days in the cracking tendency test (AASHTO T334). Deviations from the Standard Class B, Class BZ, Class D, Class DT, Class E, and Class P concrete may be made under the following conditions: (1) The minimum cement content may be reduced from that specified in Table 601-1 if lab test results show that the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as determined by ASTM C1202. The maximum cement content may be increased from that specified in Table 601-1 if lab test results show that the unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103. (2) The maximum amount of fly ash substituted for ASTM C150 cement or the maximum pozzolan content when ASTM C595 or C1157 cement is used may exceed the limits in subsection 601.05 if lab test results show that the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as determined by ASTM C1202. (3) Except for Class DT, the concrete mix may use an Optimized Gradation (OG). When an OG is used aggregate proportions must be a result of an optimized combined aggregate gradation (CAG) developed by an approved mix design technique such as Shilstone or KU Mix. The amount of aggregate in the CAG passing the % inch sieve and retained on the'/ inch sieve shall be a minimum of 8 percent for the trial mix design. The coarseness factor (CF) and workability factor (WF) must plot within the workability box (ABCD) depicted graphically by the following 4 coordinate points: (i) Point A: (CF,WF) 72, 31 (ii) Point B: (CF,WF) 44.5, 35 (iii) Point C: (CF,WF) 44.5, 43.5 (iv) Point D: (CF,WF) 72, 40 CF=(S/T)x100 Where: S = Percent Cumulative Retained on 9.5 mm (s/ inch) Sieve T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve CF=(S/T)x100 154 October 1, 2021 5 REVISION OF SECTION 601 STRUCTURAL CONCRETE Figure 601-1 Workability Box 50 45 a r a 4 o 40 35 30 25 20 0 G A B 80 70 60 50 40 30 CoarseoessFactor Where: S = Percent Cumulative Retained on 9.5 mm (s/ inch) Sieve T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve WF is the percent passing the 2.36 mm (No. 8) sieve. Increase workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used in excess of 564 pounds per cubic yard in the mix design. Decrease workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used below 564 pounds per cubic yard in the mix design. The Contractor shall not adjust the workability factor if the amount of cementitious material is 564 pounds per cubic yard. (4) Aggregate gradings not obtained through an OG may be used if lab test results show that the unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103. Concrete with any of the above deviations shall be known as Class U Non -Standard Concrete (Class _-NS concrete). For example, Class B -NS. Non-standard concrete may be substituted for the equivalent standard concrete. Non-standard concrete shall be tested, accepted, measured and paid for as standard concrete or the pay item specifying standard concrete. The Contractor may elect to modify Class B, Class BZ, Class D, S35, S40 and S50 concrete to be SCC with the following requirements: (1) SCC shall have a slump flow of 20 to 26 inches when tested in accordance with ASTM C1611 using an inverted slump cone. (2) SCC shall have a maximum blocking assessment of 2.0 inches when tested in accordance with ASTM C1621. (3) SCC shall have a maximum static segregation of 10 percent when tested in accordance with ASTM C1610. (4) For SCC, deviations from the Standard Class B, Class BZ, Class D, S35, S40 and S50 concrete requirements may be made as long as the non-standard concrete requirements are met. ASTM 155 October 1, 2021 6 REVISION OF SECTION 601 STRUCTURAL CONCRETE C672 testing is not required for SCC that exceeds the maximum pozzolan substitution in subsection 601.05. 601.03 Materials shall meet the requirements specified in the following subsections: Fine Aggregate Coarse Aggregate Portland Cement Slag Cement Fly Ash Silica Fume Admixture Water Air Entraining Admixture Chemical Admixtures Curing Materials Preformed Joint Material Reinforcing Steel Bearing Materials Epoxy Structural Concrete Coating High -reactivity Pozzolans 703.01 703.02 701.01 701.05 701.02 701.03 712.01 711.02 711.03 711.01 705.01 709.01 705.06 712.10 708.08 701.04 Pozzolans shall consist of fly ash, silica fume, and high -reactivity pozzolan. Prestressing steel shall meet the requirements of subsection 714.01 except as noted on the plans. Calcium Chloride shall not be used in reinforced concrete. Calcium Chloride shall be used in non - reinforced concrete only when specified. Where Fiber -Reinforced Concrete is specified or designated on the plans, the concrete mix shall include approved polyolefin fibers. Unless otherwise specified, a minimum of 3.5 pounds per cubic yard of polyolefin fiber reinforcement shall be evenly distributed into the mix. Mixing shall be as recommended by the manufacturer such that the fibers do not ball up. Polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM D7508. Where Macro Fiber -Reinforced Concrete is specified or designated in the plans, the concrete mix shall include approved macro polyolefin fibers. A minimum of 4.0 pounds per cubic yard of macro polyolefin fiber reinforcement shall be evenly distributed into the mix. If less than 4.0 pounds per cubic yard of macro polyolefin fiber reinforcement is used in the mix, the Contractor shall provide test results showing the mix design has a residual strength of 170 psi as determined in accordance with ASTM C1609. Mixing shall be as recommended by the manufacturer such that the fibers do not ball up. Macro polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM D7508 with the following exceptions: o Tensile strength shall be a minimum of 65 ksi O Modulus of Elasticity shall be a minimum of 1,000 ksi o Cut length shall be 1.5 to 2.2 inches o Aspect Ratio shall be 50 to 100 156 October 1, 2021 7 REVISION OF SECTION 601 STRUCTURAL CONCRETE 601.04 Sulfate Resistance. The Contractor shall provide protection against sulfate attack on concrete structures and pavements by providing concrete manufactured according to the requirements of Table 601-2. The sulfate exposure for all concrete shall be Class 2 unless otherwise specified on the plans. A higher level of requirements may be used for a lower level of exposure. If the Contractor provides test reports that show another class of exposure exists at a structure location, then the Engineer may accept a concrete mix for that location that meets the corresponding sulfate protection requirements. Table 601-2 REQUIREMENTS TO PROTECT AGAINST DAMAGE TO CONCRETE BY SULFATE ATTACK FROM EXTERNAL SOURCES OF SULFATE Severity of Sulfate Exposure Water -Soluble Sulfate (SO4) in Dry Soil, (%) Sulfate (SO4) in Water, ppm Maximum Water to Cementitious Material Ratio Cementitious Material Requirements Class 0 0.00 to 0.10 0 to 150 0.45 Class 0 Class 1 0.11 to 0.20 151 to 1500 0.45 Class 1 Ctass 2 0.21 to 2.00 1501 to 10,000 0.45 Class 2 Class 3 2.01 or greater 10,001 or greater 0.40 Class 3 Cementitious material requirements are as follows: Class 0 requirements for sulfate resistance shall be one of the following: (1) ASTM C150 Type I, II or V (2) ASTM C595 Type IL, IP, IP(MS), IP(HS) or IT (3) ASTM C1157 Type GU, MS or HS (4) ASTM C150 Type III cement if it is allowed, as in Class E concrete Class 1 requirements for sulfate resistance shall be one of the following: (1) ASTM C150 Type II or V; Class C fly ash shall not be substituted for cement. (2) ASTM C595 Type IP(MS) or IP(HS). (3) ASTM C1157 Type MS or HS; Class C fly ash shall not be substituted for cement. (4) When ASTM C150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly ash shall not be substituted for cement. (5) ASTM C595 Type IL(MS), IL(HS), IT(MS) or (HS); Class C fly ash shall not be substituted for cement. Class 2 requirements for sulfate resistance shall be one of the following: (1) ASTM C150 Type V with a minimum of a 20 percent substitution of Class F fly ash or slag cement by weight 157 October 1, 2021 8 REVISION OF SECTION 601 STRUCTURAL CONCRETE (2) ASTM C150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash or slag cement by weight. The Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C452 (3) ASTM C1157 Type HS; Class C fly ash shall not be substituted for cement. (4) ASTM C150 Type II, Ill, or V plus High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C1012 (5) ASTM C1157 Type MS plus Class F fly ash, slag cement, or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C1012 (6) A blend of Portland cement meeting ASTM C150 Type II or III with a minimum of 20 percent Class F fly ash or slag cement by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C1012. (7) ASTM C595 Type IP(HS), IL(HS) or IT(HS). Class F fly ash, slag cement, or High -Reactivity Pozzolan may be substituted for Type IL cement. Class C fly ash shall not be substituted for cement. (8) ASTM C595 Type IL(MS) or IT(MS) plus Class F fly ash, slag cement, or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C1012 Class 3 requirements for sulfate resistance shall be one of the following: (1) A blend of Portland cement meeting ASTM C150 Type II, Ill, or V with a minimum of a 20 percent substitution of Class F fly ash or slag cement by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. (2) ASTM C1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. Class F fly ash, slag cement, or High -Reactivity Pozzolan may be substituted for cement. Class C fly ash shall not be substituted for cement. (3) ASTM C1157 Type MS or HS plus Class F fly ash, slag cement, or High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. (4) ASTM C150 Type II, Ill, or V plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. (5) ASTM C595 Type IL(MS) or IT(MS) plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. (6) ASTM C595 Type IP(HS), IL(HS) or IT(HS) having less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. Class F fly ash, slag cement, or High -Reactivity Pozzolan may be substituted for Type IL cement. Class C fly ash shall not be substituted for cement. 158 October 1, 2021 9 REVISION OF SECTION 601 STRUCTURAL CONCRETE (7) ASTM C595 Type IL with a minimum of a 20 percent substitution of Class F fly ash or slag cement by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C1012. (8) ASTM C150 Type I, II, III or V plus a minimum of 20% Class F fly ash when the R factor of the fly ash is less than 0.75. R factor is determined using the following from the chemical composition of the fly ash. R=CaO-5 Fe2O3 When fly ash or high -reactivity pozzolan is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance with ASTM C1012, shall be the same source and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash or high -reactivity pozzolan tested according to ASTM C1012. ASTM C1012 test results are acceptable for up to two years from the completion date of the test. 601.05 Proportioning. The Contractor shall submit a Concrete mix design for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete mix design will be reviewed and approved following the procedures of CP 62. The Concrete mix design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan, aggregates, water, additives, and the water to cementitious material ratio (w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of the cement, slag cement, fly ash, silica fume, and high -reactivity pozzolan. The laboratory trial mix data shall include results of the following: (1) AASHTO T 119 (ASTM C143) Slump of Hydraulic Cement Concrete. (2) AASHTO T 121 (ASTM C138) Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete. (3) AASHTO T 152 (ASTM C231) Air Content of Freshly Mixed Concrete by the Pressure Method. (4) ASTM C39 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. (5) S50 concrete shall include a measurement of cracking by AASHTO T334 Standard Practice for Estimating the Cracking Tendency of Concrete. The sample shall be cured at a temperature of 65 to 75°F and relative humidity not exceeding 40 percent. (6) Class E and P concrete shall include AASHTO T97 (ASTM C78) Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading). At least two specimens will be tested at 7 days and four specimens at 28 days. The laboratory trial mix shall produce a flexural strength at 28 days of at least 700 psi. 159 October 1, 2021 10 REVISION OF SECTION 601 STRUCTURAL CONCRETE (7) Concrete with an optimized gradation shall indicate the gradation proportions that results in a combined aggregate gradation corresponding to compliance within the specified CF and WF box and shall include the following charts used to perform aggregate gradation analysis: (i) Coarseness Factor. (ii) Workability Factor. (iii) 0.45 power. (iv) Combined gradation. Optimized gradations shall be developed by an approved mix design technique such as Tarantula Curve, Shilstone, KU -Mix, etc. (8) SCC concrete shall include ASTM C1611 Standard Test Method for Slump Flow of Self - Consolidating Concrete. Slump flow shall be measured using an inverted slump cone. (9) SCC concrete shall include ASTM C1621 Standard Test Method for Passing Ability of Self - Consolidating Concrete by J -Ring. (10) SCC concrete shall include ASTM C1610 Standard Test Method for Static Segregation of Self -Consolidating Concrete Using Column Technique. Concrete for bridge sidewalks shall be Macro Fiber -Reinforced Class D Concrete. Prior to placement of Class E concrete, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. Placement shall be as directed by the Engineer. Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inches. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, the trial mix shall be run with the required air content. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the produced concrete does not have a relative yield of 0.99 to 1.02 for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: 160 October 1, 2021 11 REVISION OF SECTION 601 STRUCTURAL CONCRETE (1) AASHTO T 11 (ASTM C117) Materials Finer Than 75 urn (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 (ASTM C29) Unit Weight and Voids in Aggregate. (3) AASHTO T 21 (ASTM C40) Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 (ASTM C136) Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 (ASTM C128) Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 (ASTM C127) Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 (ASTM C131) Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 (ASTM C88) Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) CP 37 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test. (10)ASTM C535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (11)ASTM C1260 Determining the Potential Alkali Reactivity of Aggregates (Accelerated Mortar -Bar Method). When an aggregate source is known to be reactive, ASTM C1567 results may be submitted in lieu of ASTM C1260 results. Any aggregate tested by ASTM C1260 with an expansion of 0.10 percent or more, or that is known to be reactive, shall not be used unless mitigative measures are included in the mix design. Test results from ASTM C1293 Standard Test Method for Determination of Length Change of Concrete Due to Alkali -Silica Reaction may be substituted for ASTM C1260 test results. The ASTM C1293 test shall be run on an individual source of aggregate. The ASTM C1293 test shall not use pozzolan as part of the cementitious material content. Any aggregate source tested by ASTM C1293 with an expansion greater than or equal to 0.04 percent at one year shall not be used unless mitigative measures are included in the mix design. Mitigative measures shall be tested using ASTM C1567 and exhibit an expansion less than 0.10 percent by one of the following methods: (1) Combined Aggregates. The mix design sources of aggregates, cement and mitigative measures shall be tested. The proportions of aggregates, cement and mitigative measures shall be those used in the mix design. (2) Individual Aggregates. Each source and size of individual aggregates shall be tested. The source of cement and mitigative measures shall be those used in the mix design. The highest level of mitigative measures for any individual aggregate shall be the minimum used in the mix design. The Concrete Mix Design Report shall include certified test reports showing that the cement, fly ash, slag cement, high -reactivity pozzolan, and silica fume meet the specification requirements and shall support 161 October 1, 2021 12 REVISION OF SECTION 601 STRUCTURAL CONCRETE this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. For all concrete mix designs with ASTM C150 cements, up to a maximum of 20 percent Class C fly ash, 30 percent Class F fly ash, or 30 percent high -reactivity pozzolan by weight of total cementitious material may be substituted for cement. Up to a maximum of 50 percent slag cement by weight of total cementitious material may be substituted for cement. When slag cement and pozzolans are substituted for cement, the total substitution of cement shall not exceed 50 percent by weight of total cementitious material. For all concrete mix designs with ASTM C595 Type IL cements, up to a maximum of 20 percent Class C fly ash, 30 percent Class F fly ash, or 30 percent high -reactivity pozzolan by weight of total cementitious material may be substituted for cement. Up to a maximum of 50 percent slag cement by weight of total cementitious material may be substituted for cement. When slag cement and pozzolans are substituted for cement, the total substitution of cement shall not exceed 50 percent by weight of total cementitious material. For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) or IT cements: fly ash or high - reactivity pozzolan shall not be substituted for cement. For all concrete mix designs with ASTM C595 IT cements: slag cement shall not be substituted for cement. For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) cements, when slag cement is substituted for cement, the total substitution of cement shall not exceed 50 percent by weight of total cementitious material. For all concrete mix designs with ASTM C1157 cements, the total pozzolan content including pozzolan in cement shall not exceed 30 percent by weight of the cementitious material content. Up to a maximum of 30 percent slag cement by weight of total cementitious material may be substituted for cement. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, slag cement, fly ash, high -reactivity pozzolan, silica fume, or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change shall be approved by the Engineer prior to use. The use of approved accelerating, retarding or hydration stabilizing admixtures to existing mix designs will be permitted at the discretion of the Engineer when documentation includes the following: (1) Manufacturer's recommended dosage of the admixture (2) A letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. Unless otherwise permitted by the Engineer, the product of only one type of hydraulic cement from one source of any one brand shall be used in a concrete mix design. When Fiber -Reinforced Concrete is specified in the Contract, polyolefin fibers may be added to an approved mix design except when Macro Fiber -Reinforced Concrete is specified. If Macro Fiber - Reinforced Concrete is specified a new trial mix will be required. When polyolefin fibers are added to an 162 October 1, 2021 13 REVISION OF SECTION 601 STRUCTURAL CONCRETE approved concrete mix design, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes. The stamped letter shall include the following, and the change must be approved by the Engineer prior to use: (1) The mix design number, both the CDOT mix ID number and the suppliers mix ID number. (2) The brand and type of polyolefin fibers. (3) The dosage of polyolefin fibers in pounds per cubic yard. (4) Adjustment to the fine aggregate batch weight. Review and approval of the concrete mix design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. 601.06 Batching. Measuring and batching of materials shall be done at a batching plant in accordance with AASHTO M 157. The Contractor shall furnish a batch ticket (delivery ticket) with each load for all classes of concrete. Concrete delivered without a batch ticket containing complete information as specified shall be rejected. The Contractor shall collect and complete the batch ticket at the placement site and deliver all batch tickets to the Engineer on a daily basis. The Engineer shall have access to the batch tickets at any time during the placement. The following information shall be provided on each batch ticket: (1) Supplier's name and date. (2) Truck number. (3) Project number and location. (4) Concrete class designation and item number. (5) Cubic yards batched. (6) Time batched. (7) CDOT mix design number. (8) Type, brand, and amount of each admixture. (9) Type, brand, and amount of cement, fly ash, and high -reactivity pozzolan. (10) Weights of fine and coarse aggregates or combined weight when an OG is pre -blended. (11) Moisture of fine and coarse aggregates or combined moisture when an OG is pre -blended. (12) Gallons (Pounds) of batch water (including ice). The Contractor shall add the following information to the batch ticket at the placement site: 163 October 1, 2021 14 REVISION OF SECTION 601 STRUCTURAL CONCRETE (13) Gallons of water added by truck operator, the time the water was added, and the quantity of concrete in the truck each time water is added. (14) Number of revolutions of drum at mixing speed (for truck mixed concrete). (15) Discharge time. (16) Location of batch in placement. (17) Water to cementitious material ratio. (18) Weight of polyolefin fiber reinforcement. The drum on each truck mixer shall be reversed prior to charging to eliminate any wash water remaining in the mixer. (a) Portland Cement, Fly Ash, High -Reactivity Pozzolan and Silica Fume. These materials may be sacked or bulk. No fraction of a sack shall be used in a batch of concrete unless the material is weighed. All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that cement will not lodge in it or leak from it. Separate storage and handling equipment shall be provided for the fly ash, silica fume and high - reactivity pozzolan. The fly ash, silica fume, and high -reactivity pozzolan may be weighed in the cement hopper and discharged with the cement. (b) Water. Unless water is to be weighed, the water -measuring equipment shall include an auxiliary tank from which the measuring tank shall be filled. The measuring tank shall be equipped with an outside tap and valve to provide for checking the calibration unless other means are provided for readily and accurately determining the amount of water in the tank. The volume of the auxiliary tank shall be at least equal to that of the measuring tank. In lieu of the volume method specified above, the Contractor will be permitted to use a water metering device that is accurate within the prescribed limits. (c) Aggregates. Aggregates from different sources and of different gradings shall not be stockpiled together. Aggregate shall be handled from stockpiles or other sources to the batching plant in such manner as to secure a uniform grading of the material. Aggregates that have become segregated, or mixed with earth or foreign material, shall not be used. All aggregates produced or handled by hydraulic methods, and washed aggregates, shall be stockpiled or binned for draining at least 12 hours before being batched. Rail shipment requiring more than 12 hours will be accepted as adequate binning only if the car bodies permit free drainage. In case the aggregates contain high or non -uniform moisture content, storage or stockpile period in excess of 12 hours may be required. (d) Bins and Scales. The batching plant may include bins, weighing hoppers, and scales for the fine aggregate and for each size of coarse aggregate. If cement is used in bulk, a bin, hopper, and scale for cement shall be included. A single weighing hopper with an accumulative scale will be permitted, provided a separate scale is used for weighing cement. 164 October 1, 2021 15 REVISION OF SECTION 601 STRUCTURAL CONCRETE Scales shall meet the requirements of subsection 109.01. 601.07 Mixing. Concrete may be mixed in stationary mixers, in a central -mix plant, in truck mixers, or in self-contained mobile mixers. Mixing time shall be measured from the time all materials, except water, are in the drum. If the Contractor utilizes process water from a well, it shall be tested at initial operation and every week after to ensure there are no changes that could change the concrete mix. Wells in the Project Area are known to be high in sodium, hydrogen sulfide, and nitrates. If the concentrations of sodium, hydrogen sulfide, and nitrates change, the approved concrete mix could change. Silica fume, when used, shall be added to the mix during initial batching. (a) Mixing General. The concrete shall be deposited in place within 90 minutes after batching when concrete is delivered in truck mixers or agitating trucks, and within 60 minutes when delivered in non -agitating trucks. The 90 minute time limit for mixer or agitating trucks may be extended to 120 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperature prior to placement is less than 90 °F The 90 minute time limit for mixer or agitating trucks may be extended to 180 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperature prior to placement is less than 90 °F. (3) The approved concrete mix contains a Type D water reducing and retarding chemical admixture. (b) Stationary Mixing. When mixed in a central mixing plant, the mixing time shall be between 50 and 90 seconds. Four seconds shall be added to the specified mixing time if timing starts the instant the skip reaches its maximum raised position. Mixing time ends when the discharge chute opens. Transfer time in multiple drum mixers is included in mixing time. The contents of an individual mixer drum shall be removed before a succeeding batch is emptied therein. The volume of concrete mixed per batch may exceed the mixer's nominal capacity, as shown on the manufacturer's standard rating plate on the mixer, up to 10 per cent provided concrete test data for strength, segregation, and uniform consistency are satisfactory, and provided spillage of concrete does not occur. The batch shall be so charged into the drum that a portion of the mixing water shall enter in advance of the cement and aggregates. The flow of water shall be uniform and all water shall be in the drum by the end of the first 15 seconds of the mixing period. The throat of the drum shall be kept free of such accumulations as may restrict the free flow of materials into the drum. The timing device on stationary mixers shall be equipped with a bell or other suitable warning device adjusted to give a clearly audible signal each time the lock is released. In case of failure of the timing device, the Contractor will be permitted to operate while it is being repaired, provided 165 October 1, 2021 16 REVISION OF SECTION 601 STRUCTURAL CONCRETE the Contractor furnishes an approved timer that accurately measures minutes and seconds. If the timing device is not placed in good working order within 24 hours, further use of the mixer will be prohibited until repairs are made. (c) Truck Mixing. Truck mixed concrete shall conform with one of the following: (1) Concrete mixed entirely in a truck mixer equipped with a mechanical counter shall be partially mixed at the plant or in transit for at least 20 revolutions of the drum at mixing speed. The revolutions of the drum at charging speed shall not be counted as mixing revolutions. The concrete shall be mixed between 50 and 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. (2) Concrete partially mixed in a stationary central mixing plant with mixing brought to completion in a truck mixer (known as shrink mixing) shall be mixed for a minimum of 30 seconds in the stationary mixer. Mixing shall be completed in the truck mixer for at least 20 but not more than 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. (3) Concrete mixed entirely in a stationary mixer and delivered to the job in a truck mixer shall be remixed for a minimum of 20 revolutions of the mixing drum at mixing speed at the job site prior to discharge. When water is added at the delivery site to control the consistency of the concrete as specified in subsection 601.02, the concrete shall be mixed for at least 20 revolutions of the mixer drum at mixing speed for each addition of water before discharge. These revolutions are in addition to the minimum revolutions required for mixing at the delivery site. The added water shall not cause the water/cement ratio to exceed the requirements in subsection 601.02. Water from all sources shall be documented by the ready mix producer on the delivery slip for each load of concrete. The Contractor shall provide a Concrete Truck Mixer Certification. This certification shall show the various pick-up and throw -over configurations and wear marks so that the wear on the blades can be checked. Blades shall be replaced when any part or section is worn 1 inch or more below the original height of the manufacturer's design. A copy of the manufacturer's design, showing the dimensions and arrangement of blades, shall be available to the Engineer at all times. The Contractor shall furnish a water -measuring device in good working condition, mounted on each transit mix truck, for measuring the water added to the mix after the truck has left the charging plant. Each measuring device shall be equipped with an easy -to -read gauge. Water shall be measured to the accuracy prescribed in AASHTO M 157. (d) Self -Contained Mobile Mixer. Proportioning and mixing equipment shall be of the self-contained, mobile, continuous mixing type subject to the following: The mixer shall be self-propelled and be capable of carrying sufficient unmixed dry, bulk cement, fine aggregate, coarse aggregate, admixtures and water to produce on the site at least 6 cubic yards of concrete. The mixer shall have one bin for each size aggregate. 166 October 1, 2021 17 REVISION OF SECTION 601 STRUCTURAL CONCRETE The mixer shall be capable of positive measurement of cement being introduced into the mix. A recording meter visible at all times and equipped with a ticket printout shall indicate the quantity of total concrete mix. The mixer shall provide positive control of the flow of water into the mixing chamber. Water flow shall be indicated by flow meter and be readily adjustable to provide for minor variations in the aggregate moisture. The mixer shall be capable of being calibrated to automatically proportion and blend all components of indicated composition on a continuous or intermittent basis as required by the finishing operation and shall discharge mixed material through a conventional chute directly in front of the finishing machine. The Contractor shall perform calibration tests according to the equipment manufacturer's recommendations at the beginning of each project, and when there is a change in the mix design proportions or source of materials. The Engineer may require a calibration test or yield check whenever a change in the characteristics of the mixture is observed. The tolerances in proportioning the various ingredients shall be according to subsection 6.8 of AASHTO M 241. Subsection 601.16 shall be revised to include the following: (e) When the ambient temperature is expected to fall below 40 °F during the curing period, the Contractor shall maintain the internal concrete temperature above 50 °F during the curing period and until the concrete has developed a compressive strength of 0.80f'c. The Contractor shall provide suitable measures such as straw, additional burlap, ground heaters, or other suitable blanketing materials, and/or housing and artificial heat to maintain the internal concrete temperature above 50 °F. Concrete shall not be placed on forms, girders, or deck panels that have a surface temperature less than 35 °F. Forms, girders, or deck panels where concrete is to be placed shall be free of snow, ice, and frost. Salt shall not be used to thaw ice, snow, or frost. Heating forms, girders, or deck panels prior to concrete placement may be required. When the Contractor chooses to use an enclosure, the Contractor shall enclose the area underneath the deck and heat it so that the temperature of the enclosed air is as close as possible to the temperature of the enclosed air above the concrete. When artificial heating is used to maintain the concrete temperature, adequate ventilation shall be provided to limit exposure to carbon dioxide, and the enclosed air temperature shall not exceed 90 °F. During the curing period, the Contractor shall monitor the air temperature within the enclosure at intervals acceptable to the Engineer. The Contractor shall monitor and maintain the structural integrity of the enclosure. Heating of the enclosure may be stopped after 72 hours if the air surrounding the concrete is greater than 40 °F or the concrete has achieved 0.80fc. For every day that the internal temperature of the concrete is below 50 °F during the curing period, an additional day of curing with a minimum internal concrete temperature of 50 °F will be required unless the concrete has achieved 0.80fc. After completion of the required curing period, the Contractor shall remove the enclosure in such a manner that the temperature of the concrete during the following 24 hours does not fall by more than 25 °F. When the Contractor chooses not to use an enclosure, after the curing period and after the concrete has achieved 0.80fc, the Contractor shall remove the protection in such a manner that the temperature of the concrete during the following 24 hours does not fall by more than 25 °F. For every day that the internal temperature of the concrete is below 50 °F during the curing 167 October 1, 2021 18 REVISION OF SECTION 601 STRUCTURAL CONCRETE period, an additional day of curing with a minimum internal concrete temperature of 50 °F will be required unless the concrete has achieved 0.80f'c. Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire, connectors, and handheld thermometer shall be supplied by the Contractor. The Contractor shall install the thermocouples at locations designated by the Engineer. Concrete compressive strength shall be determined by maturity meters. The Contractor shall develop maturity relationships for each mix placed during the cold weather conditions in accordance with CP 69. The maturity relationship shall be submitted to the Engineer prior to cold weather concrete placement. The Contractor shall provide the maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement, protection, and maintenance of the maturity meters and wires. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the concrete. Heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. If the internal concrete temperature at any location in the bridge deck concrete falls below 32 °F during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be borne by the Contractor regardless of the outcome of the petrographic examination. Delete subsection 601.17(c) and replace with the following: c) Concrete which does not meet the minimum required 28 day strength shall be removed and replaced at the sole discretion of the Engineer. If in the Engineer's sole discretion, the concrete is allowed to be remain, a pay factor reduction will be applied to the concrete as shown in Table 601-3. In subsection 601.17(d), delete Table 601-3 and replace with the following: Table 601-3 Pay Factor Reductions Percent Total Air Strength Deviations from Specified Air (%) Pay Factor Reduction (%) Below Specified Strength (psi) Pay Factor Reduction (%) 0.0-0.2 2 1-100 10 0.3-0.4 4 101200 20 0.5-0.6 8 201-300 30 0.7-0.8 16 301-4O0 40 0.8-1.0 25 401-500 50 Over 1.0 Reject Over 501 Reject 168 October 1, 2021 19 REVISION OF SECTION 601 STRUCTURAL CONCRETE Subsection 601.17 shall include the following: (h) Consolidation Testing The provisions relating to the frequency and amplitude of internal vibration will be considered the minimum requirements and are intended to ensure adequate density in the hardened concrete. If a lack of consolidation of the concrete is suspected by the Weld County Project Manager, additional referee testing will be required. Referee testing of hardened concrete will be performed by cutting cores from the finished pavement after a minimum of 24 hours for curing. Density determinations will be made based on the water content of the core as taken. ASTM C 642 will be used for the determination of core density in the saturated -surface dry condition. Referee cores will be taken at the minimum rate of one for each 500 cubic yards of pavement, or fraction thereof. The average density of the cores must be at least 97 percent of the original mix design density, with no cores having a density of less than 96 percent of the original mix design density. Failure to meet the above requirements will be considered evidence that the minimum requirements for vibration are inadequate for the job conditions, and additional vibrating units or other means of increasing the effect of vibration will be employed so that the density of the hardened concrete as indicated by further referee testing will conform to the above -listed requirements. All failing concrete will be removed and replaced. END OF SECTION 169 October 1, 2021 1 REVISION OF SECTION 602 REINFORCING STEEL Subsection 602.02, paragraph one shall be deleted and replaced with the following: Reinforcing steel shall be epoxy coated and shall meet the requirements of subsection 709.01 Welded wire fabric that will be furnished shall be coated and shall meet the requirements of subsection 709.01. The coating material for epoxy coated reinforcing shall be a light colored powdered epoxy resin which will highlight rusting of untreated bar areas. Reinforcing alternatives such as: Stainless, Continuous Hot dipped Galvanized, Zinc Coated (Galvanized), and Chromium reinforcing may be supplied for reinforcing steel or epoxy coated reinforcing, at the Contractor's option, at no additional cost or time to the Department as approved by the Engineer. Length of lap splices for reinforcing steel shall be in accordance with AASHTO LRFD Bridge Design Specifications, unless otherwise specified. Subsection 602.08 shall be revised as follows: Payment will be made under: Pay Item Pay Unit Reinforcing Steel Pound Reinforcing Steel (Epoxy Coated) Pound Reinforcing Steel (Galvanized) Pound Reinforcing Steel (Stainless) Pound Reinforcing Steel (High Performance) Pound END OF SECTION 170 October 1, 2021 1 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project as follows: Subsection 603.02 shall be revised to include the following: Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate exposure specified on the plans. Subsection 603.05, delete the first sentence and replace with the following: Bedding shall be prepared in accordance with Table 603-1. Table 603-1 Pipe Bedding Materials Gradation Size Percent Passing 3/8" 80-100 #4 0-80 #200 0-4 Subsection 603.07(a), delete the second paragraph and replace with the following: Joints for all circular reinforced pipes shall be made with confined rubber gaskets. Rubber gaskets shall conform to subsection 705.03. Concrete collars shall be required at all non-standard joints (not tongue and groove or bell and spigot) and at all connections to existing pipe. Subsection 603.13 shall be revised to include the following: Payment will be made under: Pay Item Pay Unit 15 Inch Reinforced Concrete Pipe (Complete in Place) ' Linear Foot 15 Inch Horizontal Equivalent Reinforced Concrete Pipe Linear Foot 18 Inch Reinforced Concrete Pipe (Complete in Place) Linear Foot 6 Inch C900 PVC Linear Foot END OF SECTION 171 October 1, 2021 1 REVISION OF SECTION 606 GUARDRAIL Subsection 606.06 shall be revised to include the following: Payment will be made under: Pay Item Pay Unit End Anchorage (Flared) Each Bridge Rail (Type 10)(MASH) Linear Foot END OF SECTION 172 October 1, 2021 1 REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised for this project as follows: Subsection 607.01 is hereby revised as follows: Work in this section shall include the installation of a temporary barbed wire fence on the temporary construction easement line on the Campbell property. The Contractor shall install this fence within 10 days after mobilization to the site. The Contractor shall coordinate the temporary fence with the landowner, Deborah Campbell. Subsection 607.03 is hereby revised to include the following paragraphs: The fence shall be installed at the temporary construction easement line for the full length of the project. The installation of the temporary fence shall follow the CDOT standard M-607-1 for a barbed wire fence with metal posts with the following exceptions: (1) All corner posts shall be round wood posts treated in accordance with Section 710.07 of the Specifications. (2) There shall be a minimum of 2 round treated wood line posts in a 64 foot section of fence. For example, the post sequence will be wood, steel, steel, wood. (3) Barbed wire shall be attached to the posts on the landowner side of the fence. (4) All metal fence posts shall be studded "Tee" posts. Subsection 607.05 is hereby revised to include the following: Payment will be made under: Pay Item Temporary Barbed Wire Fence Pay Unit Linear Foot Payment for all fences will be full compensation for all labor, materials, and equipment required to construct the fence. END OF SECTION 173 October 1, 2021 1 REVISION OF SECTION 612 DELINEATORS AND REFLECTORS Section 612 of the Standard Specifications is hereby revised for this project as follows: Subsection 612.02(a)(2) is hereby revised to include the following paragraphs: For delineators marking all culverts or other objects not actually in the roadway but are close enough to the edge of the roadway that they need a marker, use a white Shur -Flex Driveable Delineator post that is 48" in height. Top of the post shall have a 13" flat top equipped with reflective sheeting. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. The delineators shall be Type III. The reflective elements will use the minimum HIP reflective sheeting (yellow). Location criteria shall follow CDOT M&S Standard S-612-1. For delineators marking the edge of road, use a green Shur -Flex Driveable Delineator post 48" in height. Top of the post shall have a 13" flat top equipped with reflective sheeting. The delineators shall be Type I. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. The reflective elements will use the minimum HIP reflective sheeting (white). Spacing criteria shall follow CDOT M&S Standard S-612-1. For delineators marking the acceleration lanes including tapers, deceleration lanes including tapers, and lane transitions involving pavement width reductions in the direction of travel, use a green Shur -Flex Driveable Delineator post that is 48" in height. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. Top of the post shall have a 13" flat top equipped with reflective sheeting. The delineators shall be Type II. The reflective elements will use the minimum HIP reflective sheeting (white). Spacing criteria shall follow CDOT M&S Standard S-612-1. Subsection 612.05 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit Delineator (Type I) Each Delineator (Type II) Each Delineator (Type III) Each Post bases shall be included in the work and shall not be measured and paid for separately. END OF SECTION 174 October 1, 2021 1 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (GROUND SIGN POSTS) Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.02 is hereby revised to include the following: Steel square tube type perforated sign posts and anchors shall meet or exceed the following: 1. Posts — 2W x 2W square posts, 12 -gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 2. Anchors — 2W x 2W x 30" tall square tube, 12 -gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 3. J -bolts or corner bolts shall be used to attach the posts to the anchors. 4. Hardware to secure traffic signs to post shall be 5/16" or 3/8" carriage bolts with 2" fender washers, lock washers, and 5/16" or 3/8" nuts. Rivets shall not be allowed in the assembly of any portion of sign construction. 5. Coating — all posts and anchors shall be galvanized to ASTM designation A653, G90, Structural Quality, Grade 50, Class 1. The steel shall also be coated with a chromate conversion coating and a clear organic polymer topcoat. 6. All stop sign posts (regardless of location) and all other sign posts in a roundabout shall be equipped with reflective markings on all four (4) sides of the posts. Structure signs shall be green with white lettering and shall be attached to the bridge structure wherever possible. Subsection 614.09 is hereby revised to include the following: Steel square tube type perforated sign posts and anchors placed in concrete or asphalt shall be either core drilled with a 4" diameter hole, or a 4" diameter piece of PVC pipe may be placed into the concrete or asphalt full depth and flush with the surface. Subsection 614.13 is hereby revised to include the following paragraphs: Steel square tube type perforated signposts will be measured by the length in linear feet of post installed. The reflective tape for the sign posts will not be measured separately and shall be included in the cost of the post. The J -bolts or corner bolts will not be measured separately and shall be included in the cost of the post. Equipment required to mount signs to bridges shall not be paid for separately but shall be included in the cost of the work. Subsection 614.14 is hereby revised to include the following: 175 October 1, 2021 2 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (GROUND SIGN POSTS) Payment will be made under: Pay Item Pay Unit Steel Sign Post (2 Inch Square Post) Linear Foot Steel Sign Support (2.25x2.25 Square) Each END OF SECTION 176 October 1, 2021 1 REVISION OF SECTION 615 WATER CONTROL DEVICES Section 615 of the Standard Specifications is hereby revised for this project as follows: Subsection 615.01 is hereby revised to include the following: Work in this section shall include the installation of an irrigation diversion structure near station 59+92 as shown in the Plans. Subsection 615.02 is hereby revised to include the following: The irrigation diversion structure shall be constructed as shown in the Plans unless changes to the Plans are approved in writing by the Engineer. Shop drawings shall be provided for the structure. Subsection 615.03 is hereby revised to include the following: Construction methods shall conform to the requirements of Section 601 and 602. Subsection 615.04 is hereby revised to include the following: The irrigation diversion structure will be measured by lump sum. Subsection 615.05 is hereby revised to include the following: Payment will be made under: Pay Item Irrigation Diversion Structure Pay Unit Lump Sum Payment for the irrigation diversion structure will be full compensation for all labor, materials, and equipment required to construct the structure. END OF SECTION 177 October 1, 2021 1 REVISION OF SECTION 618 PRESTRESSED CONCRETE Section 618 of the Standard Specifications is hereby revised for this project as follows: Subsection 618.11(g02) shall be revised to include the following prior to the first paragraph: The use of ACI 318, Building Code Requirements for Structural Concrete, is not acceptable as it pertains mainly to structural concrete buildings. Subsection 618.17 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit Prestressed Concrete Slab (Depth Greater than 13 Inches) END OF SECTION Square Feet 178 October 1, 2021 1 REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised for this project as follows: Subsection 619.01 shall be revised to include the following: This work includes the furnishing and installing a 12 inch schedule 40 steel casing pipe with spacers as shown in the Plans. Subsection 619.05 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit 12 Inch Schedule 40 Steel Casing with Spacers (Special) Linear Foot Payment for the 12 inch Schedule 40 Steel Casing with Spacers (Special) will be full compensation for all labor, materials, and equipment required to construct the casing pipe. END OF SECTION 179 October 1, 2021 1 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) (COUNTY PROVIDED) Delete Subsection 620.02 and replace with the following: The requirements for a remote communication office trailer shall deliver quality communications at any location. As construction sites are often isolated and remote, this poses problems. The basic requirement of fast and reliable internet connection in a construction trailer are throughput and reliability. Services required include SSL VPN, VOIP, and other internet services. Internet connections in the field office are for the sole use of Weld County employees or agents. The Contractor shall provide internet connections for their employees separate from the County internet connections. The order of preference for internet connections is provided below. If reliable data services are not available, data signal boosters may be required to meet the bandwidth and throughput requirements. 1. Hard wired broadband or DSL 2. Radio broadband — if speed and signal requirements are met 3. Satellite broadband — if speed and signal requirements are met 4. Cellular radio — if speed and signal strength requirements are met. Cellular 4G grants greater than 5Mbps download speeds that will allow for 2 — 4 computer endpoints. Cellular boosters strengthen signals and should allow for more throughput and increased speeds. With a booster, 3G could increase up to 1.4 Mbps allowing greater usability and an additional endpoint. Additional endpoints may be connected to either scenario, however overall performance may degrade. 5. Wireless hotspots — only if there is no other option. One hotspot shall be provided per County employee assigned to the project. Wireless hotspot configurations must include WPA2 and AES encryption for SSID authentication. Weld County will only SUM*/ the field office trailer. The Contractor shall transport and furnish all other related items in Section 620 and M-620-12, including but not limited to: printers, telephone service and power. Weld County field office trailer is located at 1111 H Street. Field office trailer shall be moved from 1111 H Street in Greeley by the Contractor and brought back to 1111 H Street after the project is completed. Contractor is responsible to return the field office trailer in the same or better condition. The Contractor shall move the trailer using a sub -contractor which has specialized equipment to move these types of office trailers. The sub -contractor shall be capable of setting, leveling, and tying the trailer down in accordance with applicable building codes. Weld County in its sole discretion shall approve the sub -contractor used to move the trailer prior to the trailer being moved. The use of a pickup truck to move the trailer will not be allowed. The Contractor shall be responsible for locating and installing the field office trailer in a location that is acceptable to Weld County. The Contractor shall obtain the necessary permits for the installation of the field office trailer. The field office trailer shall be set up including all utilities at the start of construction. Start of construction shall be anything other than mobilization and surveying. Both parties shall participate in a facility condition inspection prior to and at the completion of occupancy. Set up locations shall be within % mile of the construction site. Field office shall stay on site and operational until final acceptance is given by the Engineer. 180 October 1, 2021 2 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) (COUNTY PROVIDED) Subsection 620.01 shall be amended to include the following: If the field office is not set up at the start of construction, 5% of the bid amount for the field office will be deducted daily until it is placed and fully functional. If the bid amount for the field office is less than $10,000 or if the deductions reduce the bid amount below $10,000, then deductions will continue at 5% of the overall project bid price until the office is placed and fully functional. The amount to be deducted will occur daily until the field office is placed and fully functional. Subsection 620.06 shall be amended to include the following: In the event the office trailer or appurtenant facilities are stolen, destroyed, or damaged during the work, except by fault of Weld County, the Contractor shall, at its expense, repair or replace those items to their original condition within five calendar days. If loss or damage is caused by Weld County personnel, the Contractor shall replace the facilities within five calendar days, except Weld County shall be responsible for the costs incurred. Subsection 620 Electricity: Office Lighting: Ventilation: Parking: Janitorial: Sanitary: Access: .07 shall include the following: If commercial power is available, the service shall be a minimum of 3,000 -watt, 115- 125 AC facility for the field office. If commercial power is not available, independent generators shall be provided. Generators shall be a minimum of 25kW. All overhead lighting shall meet OSHA and code requirements for office spaces. The field office trailer shall be equipped with heating, ventilation, and air conditioning systems adequate for office use. The Contractor shall provide an all-weather parking area with one parking space per County employee assigned to the project plus 6 visitor parking spaces. The Contractor shall provide weekly janitorial services. The janitorial services shall include trash bags in all trash cans, sweeping and mopping of the floors, and general cleanup of the offices and meeting spaces. Trash cans both inside and outside of the trailer shall be emptied weekly. Sanitary facilities shall be provided as part of the field office. Although these facilities are not required to be 'dedicated' to the field office, the facilities shall be located within 50 feet of the field office and shall be serviced and maintained in a sanitary condition. The sanitary facility shall be located downwind of the field office. The sanitary facilities shall also be staked down to prevent tipping. The Contractor shall install and remove the staircase/landing at each field office entrance. The Contractor shall also provide maintenance of the exterior of the office trailer including but not limited to access to the parking area and snow removal. Office Supplies: 1. One office type color photocopier/laser printer/scanner machine (a multi -purpose desktop printer will not suffice) with separate trays for 8.5" x 11", 8.5" x 14" and 11" x 17" paper; 181 October 1, 2021 3 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) (COUNTY PROVIDED) 2. The copier shall be capable of automatically stapling a minimum of 30 sheets (8.5" x 11"); 3. The copier shall be equipped with a standard 50 sheet document feeder; 4. The copier shall have a minimum resolution of 600 x 600 dpi; 5. The copier shall have a minimum of 256 levels of greyscale and shall have both manual and automatic exposure adjustments; 6. The copier shall have reducing and enlarging ratios between 25% and 400% in 1% increments; 7. The copier shall have the following features as a minimum: auto magnification, auto paper selection, auto tray switch, booklet/magazine copy, center/border erase, document server, rotate sorting, handle up to 10 separate print jobs, and touch screen control panel; 8. The copier shall be capable of copying a minimum of 35 pages per minute; 9. The scanner shall utilize an embedded scanner capable of 52 ipm at 200 dpi; 10. The scanner shall be capable of a minimum scanning resolution of 600 dpi; 11. The scanner shall be capable of scanning to TIFF, JPEG, and PDF formats; 12. The printer shall be capable of printing a minimum of 35 pages per minute; 13. The printer shall be capable of printing at a resolution of up to 600 dpi; 14. This device shall be capable of transmitting the scanned file to multiple email addresses; 15. Toner, parts, service and repairs shall be provided by the Contractor. Repair and maintenance services shall be provided within 5 business days of notification; 16. In the event, of theft, the Contractor shall provide a replacement device with 3 business days; 17. The device shall be capable of wireless networking with all offices in the field office; 18. The device shall be capable of scanning documents up to 11" x 17". 19. The device shall be capable of reducing 11"x17" plan sheets to 8.5"x11" (Letter) and 8.5"x14" (Legal) size. 20. Paper (Letter and Tabloid sizes) shall be provided by the Contractor; 21. The copy machine shall be wheel mounted and shall be capable of rolling to different locations within the office. October 1, 2021 4 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) (COUNTY PROVIDED) Office Furniture: Shall be in accordance with CDOT Standard Plan M-620-12 with the following exceptions: 1. Each office shall be provided with a minimum of 2 five -gallon trash cans. The common area shall be provided with a minimum 35 -gallon trash can. All trash cans shall have appropriately sized trash bags. 2. The common area shall have a minimum of 15 metal folding chairs that can be used for meetings. 3. A 5 -gallon drinking water cooler capable of providing hot and cold water shall be provided. The Contractor shall ensure that a minimum of two (2) 5 -gallon bottles of water are provided at all times throughout the project. 4. Landline telephone and fax service is only required in the event that there is no cell phone reception at the office location. All office equipment/supplies and office furniture to be provided for this project shall be free of blemishes and in proper working order. The Engineer or Inspector shall approve the office equipment/supplies and office furniture prior to placement in the office trailer. Subsection 620.08 shall include the following: Payment will be made under: Pay Item Field Office (Class 2) Pay Unit END OF SECTION Each 183 October 1, 2021 1 REVISION OF SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: Subsection 623.01 is hereby revised to include the following: Work shall include the repair and construction of a lawn sprinkler system located in the temporary construction easement on the Fagerberg property between approximately stations 57+00 and 59+00 shown on the Plans. Work shall include the relocation of a lawn sprinkler system located on the City of Thornton property between approximately stations 59+00 and 61+00 shown on the Plans. The lawn sprinkler system shall be relocated outside of the ROW acquired for the project. Work shall include the relocation of a lawn sprinkler system located on the City of Thornton property between approximately stations 67+00 and 67+50 shown on the Plans. The lawn sprinkler system shall be relocated outside of the ROW acquired for the project. Subsection 623.32 is hereby revised to include the following: The sprinkler system repair, relocation, and repair will be measured by lump sum. Subsection 623.33 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit Sprinkler System Lump Sum Payment for the sprinkler system will be full compensation for all labor, materials, and equipment required to repair, relocate, and construct the system. END OF SECTION 184 October 1, 2021 1 REVISION OF SECTION 624 DRAINAGE PIPE Section 624 of the Standard Specifications is hereby revised for this project as follows: Subsection 624.03 shall include the following: Irrigation systems, cross drains, and storm drains shall be watertight. ASTM testing of the joints will be performed by the Contractor in accordance with approved methods. Should any joints fail to meet the test requirements, they will be corrected at the Contractor's expense. END OF SECTION 185 October 1, 2021 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: The first paragraph of Subsection 625.01 shall be revised to include the following: The PLS shall maintain their license in good standing through the entire Contract period. Subsection 625.01 shall be revised to include the following: If 3D modeling data is available, the Contractor may choose to perform 3D Engineered Construction Surveying (3DECS). The Contractor is hereby noticed that if Weld County provides any design CAD files to the Contractor's surveyor for construction surveying purposes, it is doing so as a courtesy to the Contractor. The CAD files are not considered Contract Documents and shall not be used in relation to any request for additional time or compensation. Story Slope staking shall be provided along each ROW indicating grade breaks to Centerline. If story staking is not provided by the Contractor then a GPS(ROVER) with approved files loaded, shall be made available to the Inspector at any time for grade checking and testing/inspection locations. Centerline stationing stakes shall be provided without option. Delete Subsection 625.04 and replace with the following: Contractor's surveyor shall establish horizontal and vertical survey control points prior to the beginning of construction and provide a map and list of this control points with locations and elevations. The Contractor must protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. The establishment of the control points shall be done in accordance with the CDOT Survey Manual, Chapter 6. Prior to beginning construction, the Contractor's surveyor shall stake all Right of Way corners, Permanent Easements, and Temporary Construction Easements shown on the approved ROW plans with temporary (for the duration of the project) points using re -bar, lath, or hubs and marked with flagging so they are easily visible. Those indicating the limits of construction within which the Contractor is allowed to work must be maintained throughout the project. The Contractor must protect those points, and immediately re- establish any that are damaged or removed during the progress of the project. During construction, the Contractor's surveyor shall provide and maintain story stakes with offsets for the County's use. The story stakes shall include information required by the CDOT Survey Manual, Chapter 6. The Contractor shall protect and immediately re-establish any story stakes that are damaged throughout the project. Planned Centerline shall be staked and maintained with station numbers throughout the entire project. An approved offset can be used (ROW, TOS, etc.) but shall be indicated with an offset distance on the stake. Maximum staking interval for tangent are 200' and 50' on curves. Subsection 625.13 shall be revised to include the following: All costs associated with 3DECS surveying will not be measured and paid for separately but shall be included in the work. Before final payment is made, all construction survey markers shall be removed. It is not acceptable to hammer the markers into the ground as they pose a hazard to agricultural operations. END OF SECTION 186 October 1, 2021 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall be revised to include the following: Construction of a temporary access road into the work areas, and removal of the access road after construction is completed, shall be included in the Mobilization bid item. CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor shall take responsibility to find adequate staging area(s) for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction. All staging areas shall be secured with temporary fencing and restored to original conditions after construction. The Contractor shall provide erosion and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The Contractor shall not park any vehicles or equipment in or disturb any areas not approved by the Engineer. The County has acquired Temporary Construction Easements (TCE) for work on the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense In addition, the Contractor will be required to secure Right of Entry for property owners' access that extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the access plans and determine the extent of the right of entry required. Weld County shall be notified of the right of entry prior to entry. END OF SECTION 187 October 1, 2021 1 REVISION OF SECTION 627 PAVEMENT MARKING Subsection 627.13 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit Epoxy Pavement Marking END OF SECTION Gallon 188 October 1, 2021 1 REVISION OF SECTION 630 TRAFFIC CONTROL MANAGEMENT Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall be revised to include the following: This work includes furnishing, operating, and maintaining portable message sign panels. This work includes furnishing and maintaining two Type 3 barricades at the curve in CR 80.5 near 18691 CR 80.5. The location of the Type 3 barricades shall be coordinated with the Engineer. The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding purposes. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and crossroads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.03 shall be revised to include the following: (d) Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three — eight - character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: 189 April 2, 2021 2 REVISION OF SECTION 630 TRAFFIC CONTROL MANAGEMENT (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. Delete the first two paragraphs of Subsection 630.11 and replace with the following. The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. The Traffic Control Supervisor shall be certified as a worksite traffic supervisor by an authorized entity and shall have a current flagger certification from an authorized entity. A copy of the Traffic Control Supervisor's certifications shall be provided to the Engineer at the Pre -construction Conference and shall be available at all times on the worksite. The Contractor's Superintendent, and all others serving in a similar supervisory capacity, shall have completed an approved Traffic Control Supervisor training as offered by the authorized entities. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the Pre -construction Conference. Delete Subsection 630.11(7) and replace with the following: (7) Ensuring that traffic control devices are functioning as required. Subsection 630.13 shall be revised to include the following: The portable message sign panel shall be on the project site at least five (5) days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.17 shall be revised to include the following: Portable message sign panels shall be included in the Lump Sum cost for the Traffic Control Management item and will not be paid for separately. 190 October 1, 2021 3 REVISION OF SECTION 630 TRAFFIC CONTROL MANAGEMENT All traffic control devices, variable message boards, flagging, traffic control management, and traffic control inspection shall be included in the Lump Sum cost for the Traffic Control Management item and will not be paid for separately. Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices. Cleaning and maintaining of traffic control devices is incidental to the Traffic Control Management bid item and will not be paid for separately. Subsection 630.18 shall be revised to include the following: Payment will be made under: Pay Item Traffic Control Management END OF SECTION Pay Unit Lump Sum 191 October 1, 2021 1 REVISION OF SECTION 632 NIGHT WORK LIGHTING Section 632 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 632.01 This work consists of furnishing, installing, operating, maintaining, moving, adjusting, and removing lighting to illuminate construction workspaces for night work. Night work will be defined as work performed between 30 minutes before sunset and 30 minutes after sunrise. Night work shall not be used unless written approval by the Engineer has been provided. MATERIALS AND EQUIPMENT 632.02 The Contractor shall provide lighting for night work in the activity area workspace where construction equipment, workers on foot, or both are present. The workspace is that portion of the roadway closed to road users, or outside of the roadway, set aside for workers, equipment and materials performing contract work. The workspace may be stationary or may move as the work progresses. Illumination may be accomplished by using a combination of portable lights, floodlights, equipment mounted lights, or other lighting methods that will provide the required minimum lighting intensity. Light fixtures that are mounted on the construction equipment shall have a secure connection to minimize vibration and ensure that the view of the equipment operator is not obstructed. Portable lights shall be aimed either generally parallel or perpendicular to the roadway, aimed downward towards the work to avoid glare to oncoming drivers. Existing street and highway lighting shall not eliminate the need for the Contractor to provide work area lighting. Vehicle headlights shall not be permitted as the sole means of illumination while working. 632.03 Portable Generator and Inverter Generator. The Contractor shall provide a portable generator, inverter generator, or both as needed to power the added equipment mounted lights on motorized equipment if the existing power supply on the equipment is insufficient to power the added lights. Fuel tank capacity and availability of fuel on site shall be sufficient to permit uninterrupted operation throughout the planned shift. All power sources shall be equipped with a ground -fault circuit interrupter. The generator shall be placed or temporarily mounted on the equipment without obstructing access onto the equipment or the view of the operator. 632.04 Light Meter. The Contractor shall furnish a light meter for use by the Engineer. The meter shall have a digital display calibrated to NIST standards, shall be cosine and color corrected with an accuracy of +1- 5 percent. The light meter shall remain the property of the Contractor after final acceptance. CONSTRUCTION REQUIREMENTS 632.05 Lighting for night work shall include: (1) Minimum lighting intensity of 5 -foot candles for workspace illumination. (2) Illuminate the stationary workspace as stated in (1) above where construction equipment, workers on foot or both are present. (3) Light sources shall be positioned not to interfere with or impede traffic in any direction and not cause glare for motorists or onto adjacent properties whenever possible. The Contractor shall make adjustments, use visors or shields, or both to minimize glare. 192 October 1, 2021 2 REVISION OF SECTION 632 NIGHT WORK LIGHTING (4) Illumination for mobile operations within a closed travel lane with traffic control devices will be defined as 20 feet in front of and behind and 5 feet to each side of each piece of moving equipment. (5) The Contractor shall provide portable lights for Engineer's and contractor personnel performing materials testing for either mobile or stationary operations to illuminate the testing workspace as stated in (1) above. For concrete operations at night, the Contractor shall illuminate the designated concrete truck washout location including the access and the wash out site. (6) Workers on foot, performing work within a moving workspace (i.e., striping layout/installation, surveying, etc.) shall wear ANSI approved high visibility apparel and headwear for Class 3 risk exposure including vest, Class E pants or leg gaiters, and reflective tape on hard hats. Workers may use portable lighting that can be worn on the hard hats that provide 360 -degree visibility. (7) Portable light towers and lights mounted on stands shall be sturdy and free-standing without the aid of guy wires or bracing. Minimum illumination levels as stated in (1) above shall be maintained at a distance of 5 feet on all sides of stationary equipment with either equipment mounted or free-standing lights. (8) The Contractor shall ensure that all pieces of equipment have operating lights to illuminate operator's controls, backhoe and loader buckets, and illuminate the equipment reach limits around rotating equipment (i.e., the paving machine shall have illumination for the hopper, auger, and screed areas). (9) The TCS vehicle shall have the rear of the truck illuminated while installing, maintaining, and removing traffic control devices unless sufficient lighting levels exist with stationary lights. (10) The Contractor shall maintain a uniformity ratio no greater than 5:1 over the stationary workspace. Uniformity ratio is the ratio of average to minimum horizontal illuminance within the workspace. The uniformity ratio shall be determined by dividing the average of all light meter measurements by the light meter measurement at the darkest spot within the illuminated area. 632.06 Night Work Lighting Plan. The Contractor shall submit a lighting plan to the Engineer for review signed by the Contractor's designated person three days in advance of the Preconstruction Conference. The lighting plan shall appropriately describe the work and include the following: (1) Layout drawing and supplemental narrative showing light locations, equipment mounted lights, and configuration including both typical spacing and lateral placement for each work activity. (2) Tabulation of lights for those lights that are included within the Night Work Lighting pay item. Lights included in the tabulation such as tower lights, lights mounted on stands and lighting mounted to mobile equipment (not original equipment lights) but those additional equipment mounted lights or portable lights that provide the 20 feet in front and behind illumination zone shall have catalog cuts giving the specific brand names, model numbers, lamp type and wattage. 193 October 1, 2021 3 REVISION OF SECTION 632 NIGHT WORK LIGHTING (3) Narrative description of those operations where workers will be on foot in a moving workspace. Details of hoods, visors, louvers, shields, or other means to be used to minimize glare. The plan shall be revised and updated by the Contractor as requested by the Engineer during the progress of the work to accommodate changes to the work. 632.07 Inspection of Lighting. Lighting inspection by the Engineer will be performed jointly with the Contractor's designated person on a drive through the project to include (1) observation of the lighting setup to evaluate glare potential for drivers and workers and (2) light meter measurements to determine minimum illumination levels. The Contractor shall make adjustments to the lighting as needed based on the Engineer's inspection. In the event of any failure of the lighting system, the Engineer may determine to discontinue work until the required level of illumination is restored. Delays due to insufficient lighting levels are the responsibility of the Contractor. Any corrections and deficiencies needed to provide the minimum illumination levels shall be addressed by the start of the next work shift. The Engineer will take light meter measurements to verify the minimum lighting levels using a light meter provided by the Contractor during the night work shift. Light meter readings will be taken within the workspace where work is being performed, in a horizontal plane, light sensor part of the meter held parallel to the ground with the sensor aimed upward, 3 feet above the pavement or ground surface. Meter readings will be taken at the source at 5 -foot intervals out to the illuminated workspace perimeter. These measurements will be documented and filed in the project records. 632.08 Lighting for Flagger Stations. For nighttime flagging, flagger stations shall be illuminated by an overhead light source providing a minimum lighting intensity level of 5 -foot candles measured 1 foot out from the flagger's chest. The flagger station light shall illuminate the station area with a radius of at least the width of the lane plus 5 feet and be centered on the flagger in the initial flagging position. The size of the illuminated area shall be increased to account for flagger movements required to control traffic. The flagger station lighting shall be maintained at an adequate height above the pavement and be capable of being shielded through the use of visors, hoods, louvers, or screens as needed to minimize glare to approaching traffic and spilling over onto adjacent properties. METHOD OF MEASUREMENT 632.09 Lighting for night work will not be measured but will be paid for as a single lump sum. BASIS OF PAYMENT 632.10 Payment for lighting as shown on the Night Work Lighting Plan will include all labor, materials, and equipment necessary to complete and maintain the work. Payment for lighting will include portable 360° visibility lighting worn on hard hats. Progress payments will be made based on the lump sum price bid as follows: 20 percent when the Lighting for Night Work Plan has been submitted, accepted, and satisfactory lighting of nighttime operations has begun; the remaining 80 percent will be paid in equal monthly progress payments for the remaining time lighting is required for the night work operations. Payment will be made under: Pay Item Night Work Lighting Pay Unit Lump. Sum Flagger station lighting, designated person, light meters, and additional power sources (generator and inverter) will not be measured and paid for separately but shall be included in the work. 194 October 1, 2021 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the County's estimate for force account items included in the Contract. The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Estimated Quantity Amount *F/A Minor Contract Revisions F/A $350,000.00 *F/A Asphalt Quality Incentive F/A $ 20,000.00 *F/A Fuel Cost Adjustment F/A $ 7,500.00 *F/A Roadway Smoothness Incentive F/A $ 18,000.00 *FM Dewatering F/A $ 50,000.00 *F/A Erosion Control F/A $ 30,000.00 * Indicates the F/A shall be included in the bonds for the project. F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications and is necessary to accomplish the scope of work for this contract. F/A Asphalt Pavement Incentive — Incentive/disincentive payments will be made in accordance with subsection 105.05. F/A Fuel Cost Adjustment - Adjustment will be made in accordance with subsection 109.06(i). F/A Roadway Smoothness Incentive — Incentive/disincentive payments made in accordance with subsection 105.07. F/A Dewatering — This work consists of dewatering activities associated with the installation of culverts and drainage pipes. Adjustment will be made in accordance with Section 211 of the Specifications. F/A Erosion Control — This work consists of minor erosion control work authorized and approved by the Engineer which is not included in the contract drawings or specifications and is necessary to accomplish the scope of work for this contract. All items shall be pre -approved by the engineer prior to installation or they will be no cost to the project. END OF SECTION 195 October 1, 2021 1 GENERAL 404 PERMIT The proposed work as shown on the plans has been permitted by the U.S. Army Corps of Engineers under a NOW -2020 -01393 -DEN. The work is authorized by the Department of Army Nationwide Permit (NWP) 14, Linear Transportation Projects. The Contractor must comply with all special and general conditions attached to the permit. All costs for permit compliance will be included in the costs of the work. Questions regarding this permit should be directed to the U.S. Army Corps of Engineers, Omaha District, Denver Regulatory Office, 9307 South Wadsworth Blvd, Littleton, CO 80128-6901, Attention: Nicholas Franke. Telephone number is (303)-979-4120. Email is Nocholas.A.Franke@usace.army.mil. A copy of this permit is available from the Project Engineer. 196 October 1, 2021 1 TRAFFIC CONTROL PLAN — GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10. The components of the traffic control plan (TCP) for this project are included in the following: 1. Subsection 104.04 and Section 630 of the specifications. 2. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S- 630-2. 3. Schedule of Construction Traffic Control Devices. 4. Signing and Striping Plans. 5. Construction Phasing Details. 6. Detour Details. 7. Other. Unless otherwise approved by the Engineer, the Contractor's equipment shall follow normal and legal traffic movements. The Contractor's ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. Special Traffic Control Plan requirements for this project are as follows: 1. During the construction of this project, traffic shall use the present traveled roadway unless identified on the plans or approved by the Engineer. 2. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. 3. Access to private properties shall be maintained at all times. 4. During the resurfacing work, only one lane may be closed to traffic at any time unless approved by the Engineer. 5. Traffic shall not be delayed for more than 10 minutes or as directed by the Engineer when the roadway is open to traffic. 6. Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works Department. 7. The Contractor shall not perform any work on the roadway between the hours of 6 p.m. and 6 a.m. unless approved by the Engineer. 8. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. END OF SECTION 197 October 1, 2021 1 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Senate Bill 18-067 and Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 811 or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. Known utilities within the limits of this project are: UTILITY Xcel Energy (OH Elec.) CenturyLink North Weld County Water District Eaton Ditch CONTACT Alan Ermer Jody Meyers Jared Rauch Kim Nelson PHONE 970-395-1237 970-356-3020 970-454-3377 EMAIL Al. ermer@xcelengergy.com jmeyers@lumen.com jaredr@nwcwd.org knelson@eatonditch.com The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.11 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The locations of utilities shown on the plans and described herein were obtained from the best available information but are not to be considered complete as to location or identification of all utilities that could be encountered. The Contractor shall verify the location of all utilities, underground pipelines, agricultural irrigation lines, etc. prior to the start of any digging using non-destructive methods to verify utility clearances. If utilities were relocated during the design and ROW acquisition portion of the project, the Contractor shall be responsible for verifying the depth and position of the relocated facilities. For buried lines crossing laterally in the project area, at a minimum, the Contractor shall obtain pothole information on the utility at each edge of ROW and at each flow line of the ditch. For buried lines running parallel to the project area, at a minimum, the Contractor shall obtain pothole information on the utility at 50 -foot intervals throughout the project area. The pothole information including horizontal and vertical position shall be stamped and signed by a registered PLS licensed in the State of Colorado. 198 October 1, 2021 2 UTILITIES COORDINATION BASIS OF PAYMENT All costs (except potholing) are incidental to the foregoing requirements will not be paid for separately but shall be included in the work. Potholing will be paid at the unit prices provided in the bid. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION 199 October 1, 2021 1 IRRIGATION FACILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the adjacent landowners, and the Eaton Ditch Company in conducting their respective operations as necessary to complete the irrigation facilities work with minimum delay to the project. Work impacting the irrigation facilities shall occur between November 1, 2021 and April 1, 2022. The Contractor shall be aware that the Eaton Ditch has to potential to run water in the ditch during the non - irrigation season specified above. The Contractor shall be required to convey approximately 45 cfs through the work area site when constructing the bridge at all times. Additionally, the Contractor shall be responsible for keeping the Eaton Ditch free of ice during bridge construction. The Contractor shall obtain written approval from the Ditch Company for their plan to convey the water through the job site a minimum of 30 days prior to the start of construction. The Contractor shall notify all affected landowners at least seven (7) days, prior to commencing work on privately -owned irrigation facilities. The locations of irrigation facilities shown on the plans and described herein were obtained from the best available information but are not to be considered complete as to location or identification of all irrigation structures that could be encountered. The Contractor shall not spill any dirt, debris, or other foreign materials into the Ditch. In the event dirt, debris, or other foreign materials are spilled into the Ditch, the Contractor shall completely clean the affected portions of the Ditch at no cost to the County or the Ditch Company. The Contractor shall be responsible for maintaining the Bridge as needed during construction, so the Bridge does not impair the operation and maintenance of the Ditch Company's facilities. If the Contractor interrupts the Ditch Company's water supply for any reason, the Contractor shall pay the Ditch Company liquidated damages in the amount of $25,000 per day for any day in which the Ditch Company cannot deliver water to its shareholders. The Contractor shall include the Larimer and Weld Irrigation Company as an additional insured on its insurance certificate for the project. While performing work during the irrigation season (typically April 1st through November 1st) the Contractor will be required to construct temporary ditches, berms, pipes, diversions, and dewatering to keep the irrigation water separated from the work areas. All such work shall be coordinated with the effected landowner. In addition, any permanent irrigation features (pipes, ditches, and structures) required as part of this project shall be completed and functional prior to April 1, 2022. Materials for irrigations facilities shall be the types called out on the Plans, or an approved equal. Prior to materials delivery the Contractor shall submit manufacture's data to the County for review and approval. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to irrigation facilities conflicts. END OF SECTION 200 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT STANDARD SPECIAL PROVISIONS Date Page Revision of Section 207 -Topsoil (October 1, 2021) 202-207 Revision of Section 212 — Soil Amendments, Seeding, and Sodding (October 1, 2021) 208-225 201 October 1, 2021 1 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 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 Region or Headquarters Landscape Architect. 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. 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 project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. 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. (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. (d) Topsoil (Offsite). 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 an independent laboratory that participates in the National Association for Proficiency Testing (NAPT). If topsoil nutrient analysis is deficient, an Amendment Protocol shall be submitted by the 202 October 1, 2021 2 REVISION OF SECTION 207 TOPSOIL 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 Certificate of Compliance (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. Table 207-1 PHYSICAL PROPERTIES OF SEEDING MEDIA Property Range Test S pH (s.u.) 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) < 5.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 -10 ASA Mono. #9, Part 2, Method 10-3.4 Rock Content (%) < 25 — USDA NRCS Rock Fragment Modifier Usage Trace Contaminants Meets US EPA, 40 CFR TMECC 04,06 or EPA6020/ASA (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) 503 Regulations (American Society of Agronomy) Rock Content (%) greater than 3" diameter < 25 — USDA NRCS Rock Fragment Modifier Usage USDA Soil Texture No more than 70% clay, silt, and sand by percentage volume of topsoil. ASA Monograph #9, Part 1, Method 15-4 or ASA 1 43-5 All Particle Sizes < 6 Inches Physical contaminants (man-made inerts) < TMECC 03.08-C C:N ratio <20 TMECC 05.02-A * Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM D6913 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 project is approved to use material manufactured from native rock material on site. 203 October 1, 2021 3 REVISION OF SECTION 207 TOPSOIL Table 207-2 TOPSOIL (OFFSITE) PROPERTIES Property Range Test Methods Soil pH (s.u) 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) (mmhos/cm or ds/m) < 2.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10-3.4 Soil OM (%) 3 — 5 Methods of Soil Analysis, Part 3, Method 34 Methods of Soil Analysis, Part 3. Soil N (NO3-n, ppm) > 20.0 Chemical Methods. Ch. 38 Nitrogen -- Inorganic Forms Soil P (ppm) > 13.0 ASA Mono. #9, Part 2, 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 vigor) ° > 80% of control TMECC 05.05-A or Approved Germination Test Soil Texture No more than 70% clay, silt and sand by percentage volume of topsoil ASA Mono. #9, Part 1, Method 15-4 Physical contaminants (man-made inerts) (%) <'1 TMECC 03.08-C Trace Contaminants Meets US EPA, 40 CFR TMECC 04.06 or EPA6020/ASA (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) 503 Regulations (American Society of Agronomy) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A 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 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. 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 Engineer will set up the 204 October 1, 2021 4 REVISION OF SECTION 207 TOPSOIL conference and will include the Engineer or designated representative, the Superintendent or designated representative, the sub-contractor(s) performing the subgrade soil preparation and soil amendments, and the CDOT Landscape Architect representing the Region. 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 (Offsite) 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. Windrowed topsoil shall not be used as perimeter erosion control or extensively compacted. 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. Subgrade soil preparation equipment shall meet the requirements for either winged tip or parabolic shanks. Operation shall be performed to fracture the soil uniformly without lifting or furrowing the surface 205 October 1, 2021 5 REVISION OF SECTION 207 TOPSOIL excessively. The Contractor shall submit a method statement for subgrade soil preparation other equipment will be considered. 1. Winged tip shanks (dozer equipment) shall be a minimum of 6 inches wide and have 2 inches of vertical profile change on the blade with a 40 - 60 -degree sweep angle. 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. 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 206 October 1, 2021 6 REVISION OF SECTION 207 TOPSOIL 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. 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 (Onsite) Cubic Yard Seeding Media Cubic Yard Topsoil (Offsite) Cubic Yard Topsoil (Wetland) Cubic Yard Subgrade Soil Preparation Square Yard Amendments for Topsoil (Onsite) and Seeding Media will be measured and paid for in accordance with Section 212. Amendments for Topsoil (Offsite) will not be measured and paid for separately but shall be included in the work. 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 (Offsite) 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. 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 separely, but shall be included in the work. 207 October 1, 2021 1 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Section 212 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 212.01 This work consists of application of fertilizer, soil amendments, seedbed preparation, and placing seed and sod. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Region or Headquarters Landscape Architect. MATERIALS 212.02 Seed, Fertilizers, Soil Conditioners, Mycorrhizae, Elemental Sulfur, and Sod. (a) Seed. Seed shall be delivered to the project site in sealed bags tagged by a registered seed supplier conforming to the requirements of the Colorado Seed Act, CRS 35-27-111(1). Seed used on the project shall not be in the Contractor's possession for more than 30 days from the date of pickup or delivery on the seed vendors packing slip. Bags which have been opened or damaged prior to Engineer inspection will be rejected. The State required legal tags shall remain on the bag until opened and the seed is placed in either the drill or hydraulic seeders in the presence of the Engineer. The Engineer shall remove all tags after seed has been planted. Each seed tag shall clearly show the following: (1) Name and address of the supplier (2) Botanical and common name for each species (3) Lot numbers (4) Percent by weight of inert ingredients (5) Guaranteed percentage of purity and germination (6) Pounds of Pure Live Seed (PLS) of each seed species (7) Total net weight in pounds of PLS in the sealed bag (8) Calendar month and year of test date Seeds shall be free from all noxious weed seeds in accordance with Colorado Seed Act (CRS 35-17) prohibited noxious weed seed list. Weed seed content shall not exceed the requirements in part 7.2 of the Colorado Department of Agriculture's Seed Act Rules and Regulations. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. 208 October 1, 2021 2 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Seed and seed labels shall conform to all current State regulations and to the testing provisions of the Association of Official Seed Analysis. Computations for quantity of seed required on the project shall include the percent of purity and percent of germination. The Contractor shall store seed under dry conditions, at temperatures between 35 °F to 90 °F, under low humidity and out of direct sunlight. The Contractor shall provide the location of where seed is stored and access to stored seed locations to the Engineer. Seed stored by the Contractor for longer than 30 days will be rejected. (e) Organic Fertilizer. Fertilizer derived directly from plant or animal sources shall conform to Colorado Revised Fertilizer Rules 8 CCR 1202-4. Fertilizer shall be uniform in composition and shall be delivered to the site in the original, unopened containers, each bearing the manufacturer's name, address, and nutrient analysis. Fertilizer bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacturer's original label and sealed at the manufacturing facility. Fertilizer which becomes caked or damaged will not be accepted. Fertilizer shall be stored according to manufacturer's recommendations in a dry area where the fertilizer will not be damaged. Organic fertilizer formulation being submitted for use must be registered with the Colorado Department of Agriculture. Verification tests may be conducted by CDOT on grab samples of organic fertilizer delivered to the site to determine the reliability of bag label analysis and for ingredients which are injurious to plants. If a product of any supplier is found to consistently deviate from the bag level analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the Colorado State Board of Agriculture for appropriate action under the "Colorado Fertilizer Law". Fertilizer shall be supplied in one of the following physical forms: (1) A dry free -flowing granular fertilizer, suitable for application by agricultural fertilizer spreader. (2) A homogeneous pellet, suitable for application by agricultural fertilizer spreader. Pellet size shall be 2-3 mm. Smaller may be allowed when Seeding (Native) Hydraulic is shown on the plans. (3) A soluble form that will permit complete suspension of insoluble particles in water, suitable for application by power sprayer. The application rate of the organic fertilizer shall be either as high or low nitrogen (N) fertilizer as shown on the plans. High N organic fertilizer chemical analysis shall conform to Table 212-1. 209 October 1, 2021 3 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-1 Chemical Analysis for High N Fertilizer Ingredient Range Test Method Nitrogen (N) (%) 6 -10 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 1 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Low N organic fertilizer chemical analysis shall conform to Table 212-2. Table 212-2 Chemical Analysis for Low N Fertilizer Ingredient Range Test Method Nitrogen (N) (%) 2 -5 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 3 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Table 212-3 Organic Fertilizer Properties (f) Criteria Moisture content by weight Range < 6% Compost (Mechanically Applied). Compost shall be suitable for use in Erosion Log (Type 2) and permanent seeding applications. Compost shall not contain visible refuse, other physical contaminants, or substances considered harmful to plant growth. Compost shall be used in accordance with all applicable EPA 40 CFR 503 standards for Class A biosolids including the time and temperature standards. Materials that have been treated with chemical preservatives as a compost feedstock will not be permitted. The Contractor shall provide material that has been aerobically composted in a commercial facility. Compost shall be from a producer that participates in the United States Composting Council's (USCC) Seal of Testing Assurance (STA) program. The Department will only accept STA approved compost that is tested in accordance with the USCC Test Methods for Examining of Composting and Compost (TMECC) manual. Verification tests may be conducted by CDOT on grab samples of compost delivered to the site to determine the gradation and physical properties. Testing may be done for indication of ingredients which are injurious to plants. Sampling procedures will follow the STA 02.01 Field Sampling of Compost Materials and 02.01-B Selection of Sampling Locations for Windrows and Piles. If a product is found to consistently deviate from the gradation and property analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the USCC. 1. Compost for permanent seeding soil conditioner locations onsite and application rates shall be as shown on the plans. 210 October 1, 2021 4 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Organic matter in compost shall be no more than 2 inches in length. Compost (Mechanically Applied) for permanent seeding shall meet the gradation and physical properties as shown in Table 212-4 and Table 212-5. The Contractor shall provide a written explanation for compost tested parameters not within the acceptable requirements for review and consideration. The Contractor shall provide documentation from the composting facility confirming that the material has been tested in accordance with USCC TMECC. Table 212-4 Gradation for Permanent Seeding Comaost Sieve Size Percent Passing Minimum Maximum Test Method 25.0 mm (1") 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 19.0 mm (3/4") 90 100 6.25 mm (1/4") 70 100 Note: Compost shall be from a producer that participates in the USCC STA program. Table 212-5 Properties for Permanent Seedinn Compost Compost Parameters Reported as Requirement s Test Method pH pH units 6.0 - 8.5 TMECC 04.11-A Soluble Salts (Electrical Conductivity) dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Moisture Content %, wet weight basis 25% - 50% TMECC 03.09-A Organic Matter Content %, dry weight basis 20% - 50% TMECC 05.07-A pounds per cubic yard >240 Carbon to Nitrogen Ratio (C: N) < 15:1 Man-made Inert Contamination (plastic, concrete, ceramics, metal, etc.) %, dry weight basis < 1% TMECC 03.08-A Stability (respirometry) mg COrC per g TS per day mg COrC per g OM per day 8 or below TMECC 05.08-B Select Pathogens and weed free (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram Pass TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella Trace Metals (PASS/FAIL) Limits (mg kg -1- dw basis): Arsenic (As) 41, Cadmium (Cd) 39; Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100Zinc (Zn) 2800 Pass TMECC 04.06 Maturity (Bioassay) TMECC 05.05-A Percent Emergence %, (average) > 80% Relative Seedling Vigor %, (average) > 80% Use the STA Lab bulk density lb/cu ft as received, multiplied by organic matter % as received, multiplied by 27 to calculate pounds per cubic yard of organic matter. 211 October 1, 2021 5 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 2. Compost for Erosion Log (Type 2) shall meet the gradation and physical properties as shown in Table 212-6 and Table 212-7. Table 212-6 Gradation for Erosion Log (Type 2) Compost Sieve Size Percent Passing Minimum Maximum Test Method 75.0 mm (3") 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 25.0 mm (1") 90 100 9.5 mm (3/8") 10 50 Note: Organic matter for erosion log compost shall be no more than 4 inches in length. Compost shall be from a producer that participates in the USCC STA program. Table 212-7 Properties for Erosion Log (Type 2) Compost Compost Parameters Reported as Requirements Test Method pH pH units 6.0 - 8.5 TMECC 04.11-A Soluble Salts (Electrical Conductivity) dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Moisture Content %, wet weight basis < 60% TMECC 03.09-A Organic Matter Content %, dry weight basis 25% - 100% TMECC 05.07-A Man-made Inert Contamlation (plastic, concrete, ceramics, metal, etc.) %, dry weight basis < 0.5% TMECC 03.08-A Stability (respirometry) mg CO2-C per g TS per day mg CO2-C per g OM per day N/A TMECC 05.08-B Select Pathogens and weed free (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram Pass TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella Trace Metals (PASS/FAIL) Limits (mg kg -1. dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 Pass TMECC 04.06 Maturity (Bioassay) TMECC 05.05-A Percent Emergence %, (average) N/A Relative Seedling Vigor %, (average) N/A (g) Biotic Soil Amendments (Hydraulically Applied). Soil amendments shall be a combination of natural fibers, growth stimulants, and other biologically active material designed to improve seed germination and vegetation establishment as shown in Table 212-8. Biotic soil amendments shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote bags will be rejected. Biotic soil amendments 212 October 1, 2021 6 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING shall be stored in locations not exceeding 80 °F. Acceptance of material shall be subject to the requirements of the Department's Approved Product List (APL). The application rate of the biotic soil amendments shall be in accordance with the rates shown on the plans. Use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be in accordance with Section 213. It shall be used as a wetting agent at a rate of 30 pounds per acre. Biotic soil amendments shall provide a continuous and uniform cover and shall consist of one of the components in Table 212-8 and all of the performance and physical properties in Table 212-9. Table 212-8 Required Percentage Ranges of Biotic Soil Amendments Components Units Requirement Professional grade sphagnum peat moss, professional grade reed/a, sedge peat moss or compost that meets the Seal of Testing Assurance Program of the US Composting Council dry weight basis o > 41% Mechanically processed straw consisting of weed free agricultural straw, flexible flax fiber or rice hulls %, dry weight basis < 57% Table 212-9 Performance and Physical Requirements of Biotic Soil Amendments Parameters Reported as Requirement Test Method pH pH units 5.0 - 7.5 ASTM D1293 Moisture content %, wet weight basis 10% - 50% ASTM D 2974 Organic matter content %, dry weight basis > 85% ASTM D586 Carbon Nitrogen Ratio Ratio C:N < 38:1 ASTM E1508 Man-made inert contamination %, dry weight basis < 1.0°fo ASTM E729-96(2014) or Acute Toxicity (Pass/Fail) Pass (non-toxic) EPA Method 2021.0 or EPA Method 2002.0 Vegetative Minimum > 400% ASTM 7322 The Contractor shall provide a CTR with independent laboratory analysis for the required parameters in accordance with subsection 106.13. (h) Humate. The Contractor shall provide a screened dry granular form of organic humic and fulvic acid substance. Humate shall be pre-packaged and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Humate shall be stored in locations not exceeding 80 °F. Humate shall be provided in accordance with the rates shown on the plans. Product shall conform to the parameters in Table 212-10 and Table 212-11. 213 October 1, 2021 7 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-10 Screened Size Requirements for Humate Seeding Method Reported as Requirement Seeding (Native) Drill, Hydraulic and Broadcast inches < 1/4 Table 212-11 Performance and Physical Requirements of Humate Parameters Reported as Requirement Test Method Organic Matter %, dry weight basis >70% Fines (material that is finer than the No. 200 (75 -pm) sieve) %, dry weight basis <2% ASTM D7928 pH pH units 3.0 - 4.5 ASTM D1293 Acute Toxicity Pass / Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 and Fulvic Acids %, dry weight basis > 70% A & Western method; total alkali extractable Carbon Content %, dry weight basis 40% - 50% Moisture Content %, dry weight basis < 20% Heavy Metal /Ash Content %, dry weight basis < 15% The Contractor shall provide a CTR with independent laboratory analysis for the required parameters in accordance with subsection 106.13. (i) Mycorrhizae. Mycorrhizae shall arrive onsite in original and undamaged packaging. Handling of this material shall follow manufacturer's safety recommendations. Mycorrhizae shall be stored onsite in such a way as to avoid exposure to direct sunlight for more than four hours and to prevent package temperatures to rise above 85 °F. The endo mycorrhizal inoculum shall provide at least 60,000 propagules per pound and shall contain all of the following species and conform to the parameters in Table 212-12: (1) Glomus intraradices (a.k.a. Rhizophagus intraradices) (2) Glomus mosseae (a.k.a. Funneliformis mosseae) (3) Glomus aggregatum (a.k.a. rhizophagus aggregatus) (4) Glomus etunicatum (a.k.a. Claroideoglomus etunicatum) 214 October 1, 2021 8 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-12 Physical Requirements of Endo Mycorrhizae Parameters Reported as Requirement Test Method Acute Toxicity Pass or Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 The Contractor shall provide a CTR with independent laboratory analysis has been done on the product for the required parameters in accordance with subsection 106.13. The following rates shall be used for Seeding Methods: (1) For Seeding (Native) Drill, the mycorrhizae product shall be provided as a dry free -flowing granular material, suitable for application by agricultural drill seeder. Application rate shall be 8 pounds per acre. (2) For Seeding (Native) Hydraulic, the mycorrhizae product shall be provided as a fine granular (< 2 mm) or powdered form (particle size less than 300 microns) that will permit complete suspension and used with hydro -seeder equipment. Application rate shall be 20 pounds per acre. (3) For Seeding (Native) Broadcast, the mycorrhizae product shall be provided as a dry free - flowing granular material, suitable for application by fertilizer spreader. Application rate shall be 20 pounds per acre. (j) Elemental Sulfur. The Contractor shall provide a free -flowing granular material consistent in size suitable for application by agricultural spreader and conform to the parameters in Table 212-13. Elemental sulfur shall arrive onsite in original and undamaged packaging. Table 212-13 Physical Requirements of Elemental Sulfur Parameters Reported as Requirement Guaranteed Analysis of Elemental Sulfur (S) % > 90 Bulk Density Lbs per cu. ft. > 75 (k) Sod. Sod shall be nursery grown and 99 percent weed free. Species shall be as shown on the plans. The 1 percent allowable weeds shall not include undesirable perennial or annual grasses or plants defined as noxious by current State statute or county noxious weed list. Soil thickness of sod cuts shall not be less than' inch or more than 1 inch. Sod shall be cut in uniform strips with minimum dimensions of 18 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod proposed for use, which shall serve as a standard if approved. Sod furnished, whether in place or not, that is not up to the standard of the sample will be rejected. CDOT will reject all sod that was cut more than 72 hours prior to installation. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting. The Contractor shall submit the certificate to the Engineer prior to application of the sod. Only sod that is accompanied by the certificate from the grower will be accepted and paid for. 215 October 1, 2021 9 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING CONSTRUCTION REQUIREMENTS 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days prior to start of seeding work. The Contractor shall provide two copies of items (1) - (14) listed below to the Pre -vegetation Conference in accordance with Section 207. When the Contractor provides resubmittals to meet Contract requirements, the Region or Headquarters Landscape Architect shall be copied on all correspondence. (1) Written confirmation from the registered seed supplier, on the Contractor's letterhead, that the Contract specified seed has been secured. No substitutions of the contract specified seed will be permitted unless evidence is submitted, from one of the registered seed suppliers that the Contract specified seed is not available and will not become available during the anticipated construction period. (2) Seed vendor's "seed dealer" endorsement. (3) A copy of each seed species germination report of analysis that verifies the lot has been tested by a recognized laboratory for seed testing within 13 months prior to the date of seeding. (4) A copy of each seed species purity laboratory report of analysis that verifies that the lot has been tested by a recognized laboratory for seed testing. The report shall list all identified species, seed count, and date of test. (5) Manufacturer's documentation stating that the fertilizer meets the Contract requirements. (6) Organic fertilizer documentation showing manufacturer and chemical analysis. (7) Permit issued from CDPHE confirming that the vendor can produce or sell compost in accordance with House Bill (HB) 1181. (8) Documentation from the compost manufacturer that it is a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). (9) Results of compost testing on an STA Compost Technical Data Sheet confirming all required test methods are met using the STA Program. (10)Sample of physical compost (at least one cubic foot of material). (11)Manufacturer's documentation confirming that biotic soil amendment meets the required physical and performance criteria based on independent testing by the manufacturer. (12)Manufacturer's documentation confirming that humate meets the required physical and performance criteria based on independent testing by the manufacture. (13)Manufacturer's documentation confirming that mycorrhizae meets the physical criteria based on independent testing and that the minimum required species is provided. (14)Pictures and descriptions of seeding equipment proposed to be used on the project. Based on the seeding methods required at a minimum this should include the drill seeder, hydraulic seeder, cultipacker or seed bed roller implements. 216 October 1, 2021 10 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING (15)Instructions and documentation on how seeders will be calibrated onsite, in accordance with subsection 212.05(a). 212.04 Seeding Seasons. Seeding in areas that are unirrigated shall be restricted according to the parameters in Table 212-14. Table 212-14 Seeding Seasons Zone Spring Seeding Fall Seeding Areas other than the Western Slope Below 6000' Spring thaw(') to June 1 September 15 until consistent ground freeze(2) 6000' - 7000' Spring thawo) to June 1 September 1 until consistent ground freezee2) 7000' - 8000' `' Spring thaw(1) to July 15 August 1 until consistent ground freeze(2) Above 8000' Spring thaw(') to consistent ground freezee2) Western Slope Below 6000' Spring thaw(1) to May 1 August 1 until consistent ground freeze) 6000' - 7000' Spring thaw(') to June 15 September 1 until consistent ground freezee2) Above 7000' Spring thaw(1) to consistent ground freezee2) (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried 1/2 inch into the surface soil (topsoil) through normal drill seeding methods. (2) "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed % inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. Seeding accomplished outside the time periods listed above will be allowed only when the Contractor's request is approved by the Engineer in writing, with coordination from the Region Landscape Architect. If requested by the Contractor, the Contractor must agree to perform the following work at no cost to the Department: reseed, remulch, and repair areas which fail to produce species indicated in the Contract. If seeding is ordered by the Engineer outside the time periods listed above, the cost to repair areas that fail to produce species will be paid for by the Department. 212.05 Native Seeding Methods. Areas to be seeded shall be installed in accordance with SWMP Permanent Stabilization Plan. All amendments and seeding shall be applied based on the seeding method and rates specified on the plans. The Contractor shall complete the Amendments Verification Prerequisite for each of the seeding methods described herein. This shall be done by completing a Seed and Amendment Quantities Worksheet for each work area. This worksheet shall have a list of all amendments and the seed labels for each of the areas to be worked on. The State required legal tags shall remain on the bag until opened and the seed placed in either the drill or hydraulic seeders in the presence of the Engineer. Seeding work shall not begin until written approval of the worksheet has been received from the Engineer. In determining the weight of seed required for each work area, the Contractor shall use the Pure Live Seed (PLS) weight shown on each bag of seed. Calculations based on net weight will not be accepted. 217 October 1, 2021 11 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING The Contractor shall submit a proposed Permanent Stabilization Phasing Plan to the Engineer prior to the Pre-revegetation Conference for approval showing how the SWMP Permanent Stabilization Plans will be implemented to minimize traffic loading damage to subgrade soil prepared and seeded areas. The proposed sequencing shall consider and identify strategies and site management control measures to protect seeded areas from foot, vehicle, and other disturbances. The strategic planning of the permanent seeding and mulch shall consider all other phasing of construction activities including traffic management and utility work. Areas damaged due to the Contractor's failing to protect the seeded areas shall be repaired at no cost to the Department. Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for corrective work, when ordered, shall be at the Contract prices shown and in accordance with subsection 109.04. The following seeding application methods shall not be implemented during winds which are consistently higher than 20 MPH, or when the ground is frozen, excessively wet, or otherwise untillable. The Engineer may test to see if the moisture level in the soil is acceptable to work the soil by performing a Soil Plasticity Test as described in the Construction Manual. Multiple seeding operations shall be anticipated, based on acceptable seeding conditions. The seeding methods to be implemented shall be one or more of the following, as shown on the plans: (a) Seeding (Native) Drill. (I) Fertilizer, Compost, Humates and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the topsoil using an agricultural spreader at the rate of application specified on the plans. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation of compost and elemental sulfur, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet. Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Contract grading or roadway plan sheets. Once the Quantities Verification Prerequisite is completed for an area, the Contractor shall homogenously incorporate the compost and elemental sulfur into the top 6 inches of topsoil. Tillage of the amendments shall be completed using a disc and harrow, field cultivator, vibra- shank, or other method suitable to site conditions. For small areas tillage shall be completed using rotary tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For project that will utilize aggregate or recycled asphalt shouldering material amendments, tillage is not required under shouldering material. Projects seeding up to the edge of pavement, tillage is not required for first 12" from the edge of pavement. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply fertilizer and humates on the surface of the topsoil using an agricultural spreader, as shown in the Contract documents. 218 October 1, 2021 12 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING (ii) Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using cultipacker or seed bed roller implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension in accordance with Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. (iii) Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be done within two days of seedbed preparation efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re -prepared as directed by the Engineer. Areas shall be seeded by mechanical power drawn drills suitable for area soils, topography, and size followed by packer wheels. Mechanical power drawn drills shall have furrow openers and depth bands set to maintain a planting depth of at least % inch and not more than '/ inch and shall be set to space the rows not more than 8 inches apart. Seeding equipment shall have a double disk opener, seed box agitator, and seed metering device. The seeder shall be calibrated by collecting seed from a single drop tube in the presence of the Engineer based on the following procedure. The Contractor shall provide the tape measure, scale, collection cup, and seed bag with complete label from the supplier. The Contractor may submit an alternative method for approval at the site Pre -vegetation Conference. (1) Measure the total width (W) of the drill seeder in feet. (2) Count the number of drill rows (N) on the seeder. (3) On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. (4) Calculate the number of rotations the tire will complete per acre using the following equation: A= A /W = F/C = one acre or 43,560 square feet (SF) feet (F) the drill seeder needs to travel for each acre number of rotations (R) of the tire per acre Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. Using the information from the seed tag, convert the PLS seed rate to a bulk seeding rate using the following equations: % PLS = (% purity (in decimal form) from seed label) x (% germination (in decimal form) from seed label) (LBS PLS / Acre) from the SWMP / % PLS = Required bulk seed per acre in LBS 219 October 1, 2021 13 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING (8) Reduce the required bulk seed per acre based on the number of seeder tubes. Required bulk seed per acre / N = Weight in LBS of bulk seed from one tube (9) Reduce the required bulk seed rate from the tube by one tenth. 0.90 x Weight of bulk seed from one tube = Collected bulk seed weight (CBS) in LBS (10) Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. (11) With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS amount of times. Use the value stem to count the rotations. (12) Using the scale, weigh the seed in the collection cup. (13) Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. Drill seeders shall be recalibrated every time the drill is mobilized onsite. The Contractor shall submit a written statement that the equipment is calibrated and shall provide the correct depth based on conditions before seeding actions are initiated. The Contractor shall continuously monitor equipment to ensure that it is providing a uniform seed application. If mycorrhizae is called for on the plans, the granules shall be included with the seed in the drill seeder such that the mycorrhizae is placed at or below the seed. The distance between furrows produced using the drill shall not be more than 8 inches. If rows on the drill exceed 8 inches, the Contractor shall drill the areas twice (if achievable at 30 -degree angles to each other) at no additional cost to the Department. After seeding, the furrows that were created by the drill shall be maintained in place. Construction traffic, other than what is needed to mulch the areas, shall not be permitted on the areas completed. Permanent stabilization mulching shall be accomplished within 24 hours of drill seeding. (b) Seeding (Native) Hydraulic. This method utilizes water as the carrying agent and mixes biotic soil amendments, seed, organic fertilizer, humates, mycorrhizae and elemental sulfur into a single slurry for hydraulic application. The Contractor shall furnish and place combined slurry with a hydro -seeder that will maintain a continuous agitation and apply homogenous mixture through a spray nozzle. The pump shall produce enough pressure to maintain a continuous, non -fluctuating spray that will reach the extremities of the seeding area. Water tanks shall have a means of measuring volume in the tank. Seed shall be added to the slurry onsite, no more than 60 minutes before starting application. Slurry shall be applied from a minimum of two opposing directions to achieve complete soil coverage. The application of the single slurry shall be applied within four hours of adding Mycorrhizae. 220 October 1, 2021 14 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING The Contractor shall prevent seed, fertilizer, and mulch from falling or drifting onto areas occupied by rock base, rock shoulders, plant beds, or other areas where grass is detrimental. The Contractor shall remove material that falls on plants, roadways, gravel shoulders, structures, and other surfaces where material is not specified. (i) Seedbed Preparation. All areas shall be loosened to at least 6 inches, leaving the surface in rough condition with a surface variance of 6 to 8 inches. On steep slopes, tillage shall be accomplished with appropriate equipment as the slope is constructed. Soil areas shall be tilled to produce loose and friable surfaces with crusted hard soils broken up. All slopes shall be free of clods, sticks, stones, debris, concrete, asphalt and all other materials in excess of 4 inches in any dimension. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Under no circumstances shall the ground surface be smooth and compacted. (ii) Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. The Contractor shall assemble all materials for proposed areas to hydro -seed and review quantities with area of coverage with the Engineer as the Quantities Verification Prerequisite for this method. Prior to mixing in the tank, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities are onsite. This quantities verification prerequisite also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps were not included in the Contract, grading or roadway plan sheets shall be used. For the verification process, the Contractor shall provide the Engineer with all documentation for materials in unopened packaging. After the Quantities Verification Prerequisite has been approved, the hydro -seeder shall be filled with water to 1/3 of its required volume. Following this, water and biotic soil amendments shall be added to the hydro -seeder at a consistent rate. The ratio of water to Biotic Soil Amendments shall be in accordance with manufacturer's recommendations. Fertilizer, humates and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. The tank shall then be filled with water to the required volume. Uniform slurries shall be agitated or mixed for a minimum of ten minutes after all water and materials are in the tank. Hydraulic seeding equipment shall include a pump capable of being operated at 100 gallons per minute and at 100 pounds per square inch pressure. The equipment shall have a nozzle adaptable to hydraulic seeding requirements. Storage tanks shall have a means of estimating the volume used or remaining in the tank. Seed shall be added to the slurry onsite no more than 60 minutes before starting application. The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) as shown on the plans by 1.5 times at no additional cost to the Department. The Contractor may be required to apply slurry using multiple hoses to ensure uniform application to all areas of the site. Coverage rates shall be based on the volume of material in the tank, as verified by the Engineer. Areas of lighter applications (covering more area than what is calculated) will require additional application, as directed. An appropriate curing period shall be in accordance with manufacturer's recommendations and shall consider forecasted weather conditions. 221 October 1, 2021 15 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. (c) Seeding (Native) Broadcast. This method utilizes hand equipment to broadcast spread amendments and seed over prepared seedbeds. (i) Fertilizing, Compost, Humate and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the placed topsoil using an agricultural spreader at the rate of application specified on the plans. All competitive non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities will be applied. The Quantities Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the grading or roadway plan sheets shall be used. Once the Quantities Verification Prerequisite is completed for an area, the Contractor shall homogenously incorporate the Compost into the top 6 inches of soil. Tillage of the amendments shall be completed using appropriate tools depending on the size of the area to be worked. Contractor shall use hand tillers or approved small space implements. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply organic fertilizer and humates on the surface of the topsoil using an agricultural spreader. (ii) Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using tractor implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension in accordance with Section 207. Areas shall be left in a rough condition with a surface variance of 2 to 4 inches. Under no circumstances shall the ground surface be smooth and compacted. (iii) Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be accomplished within two days of seedbed preparation efforts (tilling or scarifying) to make additional seedbed preparation unnecessary. If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re -prepared as directed. Areas shall be seeded by broadcast -type seeders (cyclone or approved mechanical seeders). The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) as shown on the plans by 1.5 times at no additional cost to the Department. After seeding, mycorrhizae shall be evenly hand -distributed across the area. Seed and mycorrhizae shall be covered by hand raking and covering with 1/4 to '/ inch of topsoil. To ensure seeds have a firm contact with the soil the Contractor shall use a heavy roller as approved in the Site Pre -vegetation Conference. Mycorrhizae shall not be exposed to 222 October 1, 2021 16 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING sunlight for more than four hours. Using equipment with continuous cleat tracks (cat - tracking) to cover seed is not permitted. Permanent stabilization mulching shall be accomplished within 24 hours of broadcast seed application of native seed. 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses in accordance with SWMP Interim Site Maps or as directed by the Engineer. Seeding may take place at any time during the year as long as the ground is not covered in snow and topsoil is not frozen. Topsoil may be placed in a stockpile or distributed on -grade after receiving subgrade soil preparation. Interim stabilization for areas that receive temporary seeding shall be in accordance with subsection 208.04(e)2. Seed shall not be included with interim hydraulic mulch applications. The Contractor shall wait to amend topsoil until the area is ready for permanent seeding with native seed mix shown on the SWMP. The Contractor shall use either the drill, hydraulic, or broadcast method of seeding. Seeding rates (LBS PLS / Acre) shall be increased by 1.5 times for hydraulic and broadcast methods at no additional cost to the Department. Seed shall meet the requirements of 212.02(a) and shall be selected from Table 212-1 based on the application time. Table 212-1 Temporary Seed Mixes Common Name Botanical Name Application Time Seeding Rates ( LBS PLS / Acre) Planting Depth (inches) Oats Avena'sativa October 1 - May 1 35 1 - 2 Foxtail Millet Setaria italica May 2 - September 30 30 1/2 - 3/4 The Contractor shall restrict motorized vehicle and foot traffic from areas that have received temporary seeding. 212.07 Seeding (Lawn). Lawn grass seeding shall be accomplished in the seeding seasons in accordance with subsection 212.03. (a) Fertilizing and Soil Conditioning. The first application of fertilizer, soil conditioner, or both shall be incorporated into the soil immediately prior to seeding, and shall consist of a soil conditioner, commercial fertilizer, or both as designated in the Contract. Fertilizer called for on the plans shall be worked into the top 4 inches of soil at the rate specified in the Contract. Biological nutrient, culture, or humate based material called for on the plans shall be applied in a uniform application onto the soil service. Organic amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. The second application of fertilizer shall consist of a fertilizer having an available nutrient analysis of 20-10-5 applied at the rate of 100 pounds per acre. It shall be uniformly broadcast over the seeded area three weeks after germination or emergence. The area shall then be thoroughly soaked with water to a depth of 1 inch. 223 October 1, 2021 17 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Fertilizer shall not be applied when the application will damage the new lawn. (b) Seedbed Preparation. In preparation of seeding lawn grass, irregularities in the ground surface, except the saucers for trees and shrubs, shall be removed. Measures shall be taken to prevent the formation of low places and pockets where water will stand. Immediately prior to seeding, the ground surface shall be tilled or hand worked into an even and loose seedbed to a depth of 6 inches, free of clods, sticks, stones, debris, concrete, and asphalt in excess of 2 inches in any dimension and brought to the desired line and grade. (c) Seeding. Seed shall be drilled with mechanical landscape type drills. Broadcast type seeders or hydraulic seeding will be permitted only on small areas not accessible to drills. Seed shall not be drilled or broadcast during windy weather or when the ground is frozen or untillable. 212.08 Sodding. (a) Fertilizing and Soil Conditioning. Prior to laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, compost, or humates as specified on the plans. Amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. After laying the sod, it shall be fertilized with a fertilizer having a nutrient analysis of 20-10-5 at the rate of 200 pounds per acre. Fertilizer shall not be applied when the application will damage the sod. (b) Soil Preparation. Prior to sodding, the ground shall be tilled or hand worked into an even and loose sod bed to a depth of 6 inches, and irregularities in the ground surface shall be removed. Sticks, stones, debris, clods, asphalt, concrete, and other material more than 2 inches in any dimension shall be removed. Depressions or variances from a smooth grade shall be corrected. Areas to be sodded shall be smooth before sodding occurs. (c) Sodding. Sod shall be placed by staggering joints with all edges touching. On slopes, the sod shall run approximately parallel to the slope contours. Where the sod abuts a drop inlet, the subgrade shall be adjusted so that the sod shall be 1-'/ inches below the top of the inlet. Within one hour after the sod is placed and fertilized it shall be watered. After watering, the sod shall be permitted to dry to the point where it is still wet enough for effective rolling. The Contractor shall roll the sod in two directions with a lawn roller capable of applying between 50 - 80 pounds per square inch of surface pressure to eliminate air pockets. METHOD OF MEASUREMENT 212.09 The quantities of lawn seeding and the three native seeding types will not be measured but shall be the quantities designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. The quantity of sod will be by the actual number of square feet, including soil preparation, water, fertilizer, and sod, completed and accepted. Organic Fertilizer, Compost (Mechanically Applied), Humates, Mycorrhizae soil amendments for Seeding (Native) methods drill, hydraulic, and broadcast will be measured by the actual quantity of material applied and accepted. Measurement for acres will be by slope distances. 224 October 1, 2021 18 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING BASIS OF PAYMENT 212.10 The accepted quantities of lawn seeding, native seeding, soil conditioning, and sod will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Rejected seed that has been stored longer than 30 days shall be re -ordered at the expense of the Contractor. Payment will be made under: Pay Item Pay Unit Organic Fertilizer ; ; Pound Compost (Mechanically Applied) Cubic Yard Biotic Soil Amendments (Hydraulic Applied) Pound Humate Pound yrrhizae Pound Elemental Sulfur Pound Seeding Native) Da acre Seeding (Native) Hydraulic Acre Seeding (Native) Broadcast Ac€e Seeding (Wetland) Drill Acre Seeing (Wetland) Hydraulic /fie Seeding (Wetland) Broadcast Acre Seedi►tg (Tempos ) Apse Seeding (Lawn) Acre Sod Y', Square Foot Topsoil preparation including incorporating and applying amendments, seedbed preparation, water, and seed mix (LBS PLS /Acre) will not be measured and paid for separately but shall be included in the work. Calibrating, adjusting, or readjusting seeding or fertilizing equipment will not be measured and paid for separately but shall be included in the work. No additional cost will be accepted for approved substitution of specified seed mix. No payment will be made for areas seeded using one of the seeding methods without receiving signed Seed and Amendment Quantities Worksheet from the Engineer. Additional seedbed preparation prior to seeding to correct compaction or erosion from storm events will not be measured and paid for separately but shall be included in the work. Additional mobilizations as needed to complete seeding within allowed seeding seasons will not be measured and paid for separately but shall be included in the work. Removal of all competitive, non-native vegetation prior to spreading amendments will not be measured and paid for separately but shall be included in the work. 225 November 10, 2021 Bid Request No. B2100137, CR 80 and CR 37 Intersection Project Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses Mandatory Pre -Proposal Meeting Agenda/Minutes Pre -Bid Meeting Attendance List Eaton Ditch Crossing Agreement ACOE Permit Revision to Section 108 Revision to Section 208 Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Can the November 29, 2021 bid opening date be moved a later date? Answer 1: No, the November 29, 2021 bid opening date will remain unchanged. Question 2: Note 5 on Sheet B07 says a driving shoe is to be used to protect the pile tip. What is a driving shoe? Answer 2: Per the Geotechnical Report by Terracon dated August 4, 2020, the driving shoes are required to prevent damage to the piling when being driven in dense granular soils. Also, "Inside fit conical tips should be welded to the bottom of the pipe piles to reduce the potential for pile damage, and to facilitate the required penetration during driving. Associated Pile and Fitting Company (APF) P-13006 pile tips, or approved equivalents are recommended." Per CDOT Section 502.02, "Closure ends shall conform to the requirements of AASHTO M270 Grade 36." Question 3: Sheet B07, Piling Data states the steel pipe pile is to be 1/2 inch thick but Sheet B10, Pile Detail states the steel pipe pile it to be 3/4 inch thick. What is the thickness of the steel pipe pile supposed to be? Answer 3: The correct thickness is 1/2 inches. Question 4: Is the steel pipe pile supposed to be rolled steel or spiral steel? Answer 4: Per CDOT Section 502.02, Steel pipe shall conform to the requirements of ASTM A252, Grade 2. Per ASTM A252, 5.1, "The piles shall be made by the seamless, electric resistance welded, flash welded, or fusion welded process. The seams of welded pipe piles shall be longitudinal, helical -butt, or helical -lap." Question 5: What grade of steel is the steel pipe pile and steel plate supposed to be? Answer 5: Per CDOT Section 502.02, Steel pipe shall conform to the requirements of ASTM A252, Grade 2 or higher. The steel plates shall be AASHTO M270 Grad 36 (ASTM A-36). Question 6: Steel pipe pile typically has rebar that sticks out of the top of the pile. The pile detail on Sheet B10 does not show any rebar sticking out of the top of the pile. Is there supposed to be rebar protruding from the top of the pile? Answer 6: Rebar that sticks out of the top of the pipe pile is not required. Question 7: Will a railroad permit be required for the mill and overlay portion of the work that is to be completed? Answer 7: As long as the Contractor does not encroach into the Railroad's right of way at the west end of the project, a railroad permit is not required. If the Contractor encroaches into the Railroad's right of way, the Contractor shall be responsible for obtaining the necessary permits. The permits shall be obtained at no additional cost to the project. Question 8: Will metered power be required for the construction trailer or is it acceptable to power the construction trailer with a generator? Answer 8: Power shall be supplied to the construction trailer 24 hours a day, 7 days a week for the duration of the project. It is up to the Contractor to decide how power will be supplied to the construction trailer. The Weld County Special Revision to Section 620 outlines the power requirements for a generator. If the Contractor opts to use metered power from Xcel, a Weld County Building Permit will be required. Question 9: At what point is the temporary fence to be installed? Answer 9: The temporary fence is to be installed as one of the first things to be done. The installation of the temporary fence will require coordination with Ms. Campbell and her fencing contractor. Ms. Campbell's fence contractor will be removing the steel pipe fence around her property. Question 10: Does the County already have a staging area for the project? Answer 10: The County does not have a staging area designated for the project. However, there are two areas within the project limits that may be used by the Contractor for staging. The NW corner of the intersection south and east of the Eaton ditch has been acquired as ROW by the County. The NE corner of the intersection south and west of the Eaton Ditch is owned by the County. Either one of these areas is probably large enough to use as a staging area and a place for the construction trailers. Question 11: Is there any place in the project area that can be used as a source for the embankment material? Answer 11: There is no source of embankment material in the project area. The Contractor shall be responsible for importing material to be utilized as embankment material. Question 12: Is there an engineer's estimate for the project? Answer 12: In order to avoid skewing the bids, the engineer's estimate will not be shared with the potential bidders until after the bids have been opened. Prepared By: Clay Kimmi, P.E., Senior Engineer PRE -BID MEETING AGENDA/MINUTES GR-60 — CR 80 and CR 37 Intersection Project Mandatory Pre -Bid Meeting Minutes November 9, 2021 1. Sign -in Sheet — In order to submit a bid, you must be on the sign -in sheet. 2. Project Description/Location a. The project in general consists of construction of a new bridge, demolition of an existing bridge, realigning an existing intersection, and paving a new roadway. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, pavement, and the construction of a new bridge. b. The bid documents include Option 1 which is a 2 inch mill and overlay of the existing asphalt on CR 80 from the east side of the railroad ROW to the end of the existing pavement. There are no construction plans for this work included in the bid documents. c. All bidders must meet the requirements of the 2021 version of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction and the Weld County Revisions to those specifications to bid this project. 3. Project Engineering a. Design was provided by Drexel Barrell. b. Materials Owner Acceptance testing will be arranged by Weld County and will be conducted by Terracon. c. Process Control testing by the Contractor is mandatory for this project. d. Construction administration and inspections will be provided by Weld County Staff. 4. Bidding Requirements a. All bids must be emailed to bidsaweldgov.com. Bids will be opened on a Teams conference call. The time, date, and call -in information have been provided in the Bid Documents. b. Note the insurance requirements for the job (i) Weld County, its elected officials, and its employees must be included as additional insureds. (ii) Builder's Risk insurance is required. c. Forms required at bid time are listed with an asterisk in the table of contents. 5. Bid Documents a. Bid documents can be downloaded from BidNet b. Documents include the project specifications, plans, geotech reports, and samples of contract and associated forms. c. Pages 16 through 31 have to be completed and returned with your bid. 6. Bid Tabulation a. Bid tabulation is found on pages 16 through 19 of the bid documents. b. This tabulation is slightly different than the summary of approximate quantities that are in the construction plans. (i) Use the bid tabulation for bidding purposes. c. All force accounts must be included in all bids. (i) Failure to include the force accounts in the total bid price will result in the bid deemed incomplete and as such it will declared as a non -responsive bid. d. Option 1 must be included in all bids. (i) Failure to include Option 1 will result in the bid being deemed incomplete and as such it will be declared as a non -responsive bid. (ii) There are no plans for Option 1. It is a simple 2 inch mill and overlay area from the east edge of the railroad ROW to the end of the existing pavement. 7. Project Timeline a. Last day for questions is 7 a.m. on November 22, 2021. b. Final addendum will be posted by 5 p.m. on November 23, 2021. c. Bid closes at 10 a.m. on November 29, 2021. d. Anticipated bid presentation to the Board on December 1, 2021 e. Anticipated award by the Board on December 15, 2021 f. Anticipated Notice to Proceed on December 22, 2021 8. Plans a. Construction plans and the applicable M&S Standards are included as a separate document. b. Geotech and Asphalt Design reports are included as a separate document c. Landowner coordination is going to be critical d. The 2021 CDOT Field Materials manual will be used by Weld County inspectors. (i) The contractor is advised to become familiar with this manual. (ii) Pay attention to the Notice to Contractors section e. Option 1 on the Bid Tabulation is not shown in the plans. It is a simple mill and overlay of the existing pavement from the east edge of the railroad right of way to the start of the stationing shown in the plans. 9. Construction Phasing a. Proposed traffic phasing plans have been included in the construction drawings and may be modified with prior approval from Weld County. (i) Bridge shall be completed first. It has to be completed before the start of the irrigation season on March 31, 2022. (ii) Roadway embankment work on CR 37 and east leg of CR 80 may begin after the bridge is completed. b. Road closures have to be approved by the BOCC. We have to have two weeks' notice prior to the start of any closure. The closures will require MHTs to be approved prior to the closure request being taken to the Board. c. It is anticipated that the west leg of CR 80 will be closed so the bridge can be demolished and rebuilt by the start of the irrigation season. The north, south, and east legs of the intersection are to remain open for as long as possible. d. It is anticipated that the entire intersection (all four legs) will be closed once embankment for the roadway starts to be placed. e. Option 1 will be completed with the paving of the rest of the project. 10. General Project Submittals by Contractor a. Submittals for all materials to be used on the project. Weld County will provide a submittal tracking spreadsheet with a partial list of required submittals and the numbering format. b. Materials Certifications (COCs, CTRs, etc.) c. Construction Schedule d. Mix designs — asphalt, concrete, aggregate base, etc. e. Topsoil, seeding, and erosion control materials 11. Davis Bacon Wages/DBE/OJT a. This project does not require Davis Bacon wages, disadvantaged business enterprise, or on the job training. 12. Force Accounts a. Several set up for various items b. Force account items must have the written approval of the County Project Manager prior to any force account work being started. c. Dewatering is only for culverts and ditches. Dewatering of cofferdams is incidental to the sheet pile installation. d. Incentives and disincentives apply to asphalt quality and asphalt smoothness. 13. Project Completion Date a. Project is a completion date contract (i) June 15, 2022 (ii) No weather days or less than full-time charged days will be granted b. Must comply with requirements of ACOE Permit. c. Must comply with the conditions of the crossing agreement over the Eaton Ditch. A copy of the crossing agreement will be attached to Addendum 1. (i) Note, the Eaton Ditch has the possibility of running augmentation water during the construction of the bridge. (ii) The Contractor shall pass 45 cfs through the project area at all times. This includes keeping the ditch free of ice blockages. (iii) Interference with the ditch company's ability to deliver water will result in liquidated damages of $25,000 per day. 14. Traffic Control a. Construction signing and traffic control is the responsibility of the Contractor. Traffic control is a lump sum item so bid accordingly. b. Traffic control plans shall be submitted to Weld County for approval prior to any construction. c. Access to adjacent properties must be maintained and coordinated with the affected landowners at all times. 15. Coordination and Protection of Existing Utilities a. Contractor shall be responsible for protection of all existing utilities and coordination with the affected companies during construction. b. Most of the required relocation work will be complete prior to construction. c. Utilities include CenturyLink, North Weld County Water District, and Xcel. 16. Commencement and Completion of Work a. Note the completion date. No weather days will be allowed. b. The construction schedule shall include all of the salient features listed. c. Method statements for all of the salient features shall be provided. (i) Other method statements may be required at the discretion of Weld County. (ii) The Weld County Revision to Section 108 lists the items that shall be included in the method statements. (iii) Method statements shall be approved by Weld County. 17. Revisions to Section 101 - Definitions a. Note how Weld County has revised certain definitions. b. Note the holidays that are observed by Weld County. No work will be allowed on holidays. 18. Revisions to Section 102 — Bidding Requirements and Conditions a. Note the information included in this revision. b. Weld County does not warrant any of the CAD data provided to the Contractor. The CAD data is for information purposes only and may not be used in relation to any requests for additional time or compensation. 19. Revisions to Section 103 — Award and Execution of Contract a. LCPTracker will not be used on this project since certified payrolls are not required. b. Note the forms which have to be provided to Weld County following the bid opening. These have been identified in the Bid Documents Table of Contents. 20. Revisions to Section 104 - Scope of Work a. Revised definition for differing site conditions — note the exclusions b. Revised the process for repricing items of major work that are in excess of 150% or decreased below 25% of the original bid contract quantity c. Revised formula for value engineering proposals 21. Revisions to Section 105 — Control of Work a. Added section 105.01 which allows the County to remove any of the Contractor's or sub- contractor's employees from the job for any reason. b. Revised section 105.02 on shop drawings and working drawings. For Weld County a working drawing is equivalent to a shop drawing and will be reviewed under the same requirements as a shop drawing. c. Revised section 105.02(f) to require as -built drawings from the Contractor prior to final payment. d. Revised section 105.03 to essentially require that all work pass or it will be removed and replaced. e. Revised section 105.03 to require Process Control testing at the rates and with the procedures outlined in the Specifications and the CDOT Field Materials Manual. f. Price Reduction Factors in section 105.03 have been revised. g. Added section 105.03(c) to provide testing requirements for embankment. h. Revised section 105.07 regarding the requirements for roadway profiling. i. Revised section 105.09 Order of Precedence. j. Added section 105.10 to require the Contractor to provide meeting agendas, minutes, and attendance sheets for all meetings. (i) Note the Contractor shall have a superintendent or project manager with authorization to act for the Contractor at all times. (ii) Failure to do so will result in a suspension of work on the project and contract time will continue. (iii) Pay deductions will follow the Liquidated Damage Table in section 108.09. k. CDOT will not participate in disputes. 22. Revisions to Section 106 — Control of Material a. Revised subsection 106.03 to include testing requirements and frequencies. b. Revised subsection 106.05 with requirements for projects with less than 5000 tons of HMA. c. Added subsection 106.14 regarding the use of trade names and approved equals. 23. Revisions to Section 107 — Legal Relations and Responsibility to Public a. Added section 107.061 with regards to performance of safety critical work. b. Revised section 107.17, Act of God Clause — Contractor shall repair all work damaged by act of God at no cost to the County. No change order will be issued for change in site conditions due to act of God. c. Revised section 107.19 to require a County ROW permit for the project. d. Revised section 107.25 - CDPHE permit to be obtained by the Contractor in conjunction with Weld County and then transferred to the County at the end of the project. e. Revised section 107.25 to make Contractor responsible for any and all fines levied by CDPHE for violations of the permit incurred while the project is being worked on. 24. Revisions to Section 108 -Prosecution and Progress a. Added section 108.01 to require Form 205 on all projects. b. Revised section 108.02 - Work to start within 10 days of Notice to Proceed. c. Revised section 108.03(b) to include the requirement that the schedule be approved prior to start of work. d. Added section 108.03(j) that outlines what information is required for method statements. e. Revised section 108.08 to prohibit weekend or holiday work without prior written consent of the County. f. Added paragraphs to 108.08 so County is reimbursed for weekend time spent by Project Manager and Inspector. (i) Minimum of $400 or 4/hours work (ii) After 4 hour minimum, $100/hour credit to monthly pay applications for each County employee that has to be on site during the weekend or holiday work. g. Revised section 108.08(b) to define the completion date contract and no weather days allowed. h. Revised section 108.09 with a new Liquidated Damages table which is different than CDOT's 25. Revisions to Section 109 — Measurement and Payment a. Added paragraphs to section 109.01 regarding price reductions for failure to provide tickets within 48 hours of placement b. Added paragraphs to section 109.01 that identifies what work is considered incidental to various pay items. c. Revised section 109.06(a) to make retainage 5% of the value of completed work. Will be held on every pay application. No release of retainage until Final Acceptance. d. Revised section 109.06 to require prompt payment of subcontractors. e. Revised section 109.07 to state that stockpiled materials will not be paid for unless approved by the Engineer. 26. Revision to Section 201 — Clearing and Grubbing a. Revision to section 201.02 to specify what is considered part of clearing and grubbing. b. Revision to section 201.04 to require dump fees to be included in clearing and grubbing. 27. Revision to Section 202 — Removal and Trimming of Trees a. Added paragraphs to section 202.02 regarding the requirements for removing trees. 28. Revision to Section 202 — Removal of Bridge a. Added paragraphs to section 202.01 regarding the requirements for removing the bridge. b. Also note the requirements in the Irrigation Coordination specification. 29. Revision to Section 202 - Removal of Structures and Obstructions a. Replaced section 202.09 with requirements for planing the asphalt mat. 30. Revision to Section 203 — Excavation and Embankment a. Revised section 203.01 to include requirements for backfill material of pipes. b. Replaced section 203.02 with new definitions for unclassified excavation, unclassified excavation (Complete in Place), and removal of unsuitable material. c. Revised section 203.03 to specify the minimum R -value for embankment materials. d. Revised section 203.06 to clarify that method statements are required and to clarify the methodology which will be allowed on various types soils. Requirements the subgrade to be scarified to a depth of 8 inches and recompacted with appropriate moisture and density controls. This will be required on all pipes as well. e. Revised section 203.07 to clarify the methodology which will be allowed for compaction on various soil types. f. Revised section 203.08 with requirements for proof rolling. Note the requirement for water truck (18 kip loading per axle proof rolling equipment) to be onsite at all times. g. Revised section 203.11 and 203.12 to clarify how items are paid for. 31. Revision to Section 206 — Excavation and Backfill for Structures a. Replaced section 206.02(a)(2) with Weld County's mix design requirements for flowfill. b. Replaced a paragraph in section 206.03 to clarify requirements for placing and compacting structure backfill (class 1). c. Revised section 206.07 to address how open excavations are to be handled. 32. Revision to Section 207 — Topsoil a. Replaced section 207.01 b. Revised section 207.02 to include the requirement for organic amendments (Biotic Earth Black) c. Revised section 207.02 to include the requirement for testing topsoil by the CSU Soil Testing Laboratory. d. Revised section 207.05 to specify how the subgrade is to be prepared prior to the placement of topsoil. e. Revised section 207.07 and 207.08 to state how topsoil will be paid for. 33. Revision to Section 208 — Erosion Control a. Replaced subsection 208.02(c) with a new definition of temporary berms. b. Revised subsection 208.02(k) to prohibit the use of plastic swimming pools as a concrete washout. c. Revised subsection 208.02(1) to require the use of Mirafi FW-300 under aggregate material used for vehicle tracking pads. d. Replaced portions of 206.03(6) to be in compliance with Weld County's Stormwater Permit instead of CDOT's Stormwater Permit. e. Replaced section 208.04(c) to define when a CDPS-SCP is required for work done outside of the ROW. f. Replaced section 208.04(f) to update maintenance responsibilities. g. Replaced section 208.09 to clarify the regulatory mechanism used for the SWMP. 34. Revision to Section 209 — Watering and Dust Palliatives a. Revised section 209.01 to identify the areas where dust control will be required for this project. b. Requires coordination between the Contractor and the Weld County Public Works Operation Division. 35. Revision to Section 210 — Reset Structures a. Revised section 210.01 to identify that mailboxes and survey monuments are to be reset. 36. Revision to Section 211 — Dewatering a. Added a new specification outlining the requirements for dewatering. b. Dewatering associated with the construction of the sheet pile cofferdams is incidental to the sheet piling. c. This specification only applies to dewatering associated with the installation of the culverts or roadway embankments. d. Dewatering has to be approved by the Engineer prior to the start of any dewatering operations. 37. Revision to Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding a. Revised section 212.01 to inform the Contractor that multiple seeding operations should be anticipated. b. Revised section 212.02 to include the seed mix required for this project. c. Revised section 212.02 to include fertilization and conditioning as identified by the testing performed by the CSU Soil Testing Laboratory. Plan accordingly because it can take more than 6 weeks to get the analysis back from the lab. d. Revised section 212.02(d) to include a requirement for the use of Biotic Earth Black or approved equal as the biotic soil amendment to be added to the seeding operation. e. Revised section 212.03 with the required submittals for the seeding. f. Revised section 212.04 with the seeding windows used by Weld County. g. Replaces section 212.05 with the requirements for seeding used by Weld County. h. Revised section 212.05(b) to state that hydraulic seeding is not allowed unless approved by the Engineer. i. Revised section 212.05(b) to outline how the Biotic Earth Black is to be applied. j. Revised section 212.09 to state fertilizer, compost, and elemental sulfur are incidental to the seed cost unless called out as individual pay items in the contract documents. 38. Revision to Section 213 — Mulching a. Revised sections 213.04 and 213.05 to state hydro -mulching and tackifier is incidental to seeding if it is used in lieu of weed free straw or weed free hay mulch. 39. Revision to Section 216 — Soil Retention Covering a. Replaced section 216.01 which identifies what is included in the specification. b. Replaced section 216.02(a) and Table 216-2 with requirements used by Weld County. c. Revised section 216.02(b) with requirements to complete soil conditioning operations prior to placement of soil retention coverings. d. Revised section 216.02(b) with a new table outlining the technical requirements for the TRM used by Weld County. 40. Revision to Section 240 — Biological Work Performed by the Contractor's Biologist a. Added this section for monitoring and netting the bridge to prevent birds from building nests on it during the project. 41. Revision to Sections 304 and 703 — Aggregate Base Course a. Revised section 304.01 to include the various kinds of base course in this project. b. Revised section 304.02 to outline the requirements for the materials. c. Revised section 304.03 to prohibit the use of commercial mineral fillers in the materials. d. Revised section 304.04 to require shouldering materials to be compacted to a minimum of 95% of the modified proctor. e. Revised section 304.04 to outline how aggregate base course will be paid for. 42. Revision to Section 401 — Plant Mix Pavements — General a. Revised section 401.02 to include a job -mix formula for pavement that has been tested by a laboratory and approved by Weld County. Basically, requires a Form 43. b. Revised section 401.17 to include requirements for the use of pneumatic tire rollers and steel wheel rollers. 43. Revision to Section 403 — Hot Mix Asphalt a. Revised Table 403-1 to specify the requirements for 100 gyration asphalt. b. Revised Table 403-2 for the minimum voids allowed in the mineral aggregates. c. Revised Section 403.02 with more requirements for HMA paving and process control testing. 44. Revision to Section 411 — Bituminous Materials a. Replaced section 411.05 stating that bituminous materials are not measured and paid for separately but are incidental to the unit prices for HMA. 45. Revision to Sections 420 and 712 — Geo-Synthetics a. Revised section 420.02 to provide the requirements for the Geotextile (Mirafi RS580i) pay item. b. Revised section 420.06 to provide the requirements for the Geotextile (Mirafi FW-300) pay item. c. Revised section 420.07 with the requirements for the installation of the geotextiles. 46. Revision to Section 506 — Riprap a. Revised section 506.01 to require Mirafi FW-300 under the riprap used on the project. 47. Revision to Section 506 — Geogrid Reinforcement for the Roadway Embankment a. Added a new specification for using Tensar TX -160 under the aggregate base course. 48. Revision to Section 601 — a. Replaced section b. Replaced section c. Replaced section d. Replaced section e. Replaced section f. Replaced section 9. h. Structural Concrete 601.01 with Weld County requirements. 601.02 with Weld County concrete classifications. 601.03 with Weld County requirements. 601.04 with Weld County requirements for sulfate resistance. 601.05 with Weld County requirements for proportioning. 601.06 with Weld County requirements for batching. Note that batch tickets have to be submitted with every truck or it will be rejected. Replaced section 601.06 with Weld County requirements for mixing. Revised section 601.16(e) to include requirements for covering bridge decks in cold weather. i. Replaced section 601.17(c) to state that structural concrete either meets the strength or is to be replaced at the County's sole discretion. j. Revised section 601.17(d) with a new pay factor reduction table. 49. Revision to Section 602 — Reinforcing Steel a. Revised section 602.02 to state all reinforcing steel and welded wire fabric shall be epoxy coated. 50. Revision to Section 607 — Fences a. Revised section 607.01 and 607.03 to include the requirements for a temporary barbed wire fence with is to be installed along the temporary construction easement boundary on the property located on the southwest corner of the intersection. The fence is to be installed within 10 days after mobilization to the project. Coordination shall be done with the landowner. 51. Revision to Section 612 — Delineators and Reflectors a. Revision to section 612.02(a) to include the technical specifications for the delineators that Weld County uses. 52. Revision to Section 614 — Traffic Control Devices (Ground Sign Posts) a. Revision to section 614.02 to include technical requirements for the sign post hardware. 53. Revision to Section 620 — Field Facilities (Field Office Class 2)(County Provided) a. Revised section 620.01 to include a pay deduction if the field office is not set up prior to the start of construction activities. b. Replaced section 620.02 to provide Weld County's specifications for a field office. (i) Weld County will provide the field office. (ii) Contractor to move the office to and from the project site. (iii) Contractor to provide all items identified in the M&S Standards and in the specifications (office setup, cleaning services, trash services, office copier, paper, drinking water, power, sanitary, parking, etc.) 54. Revision to Section 623 — Irrigation System a. Revised section 623.01 to include the requirements for replacing the sprinkler system on the City of Thornton and Fagerberg properties. 55. Revision to Section 625 — Construction Surveying a. Revised section 625.01 to allow 3D models to be used in addition to traditional story stakes. b. Replaced section 625.04 to provide details on what is required for the construction surveying. 56. Revision to Section 626 — Mobilization a. Revised section 626.01 to include miscellaneous items that have to be included in the mobilization cost. 57. Revision to Section 630 — Traffic Control Management a. Revised section 630.01 to include miscellaneous items as part of the Traffic Control Management cost. b. Revised sections 630.03 and 630.13 to include portable message sign panels and requirements for their use. c. Revised section 630.17 to state that traffic control management and devices are to be paid as a lump sum. 58. Utilities Coordination a. Utilities coordination is required on the project. b. Utilities coordination is outlined in section 105.11 of the 2021 CDOT Specifications (yellow book) 59. Irrigation Coordination a. This is critical for all bidders to be aware of. (i) A crossing agreement has been signed between the County and the ditch company. (ii) The Contractor is responsible for ensuring the requirements of the agreement are complied with. A copy of the crossing agreement is attached to Addendum 1. b. Demolition and construction of the bridge over the Eaton Ditch shall be completed prior to March 31, 2022. c. Ditch flows augmentation water all winter long so the Contractor shall pass 45 cfs through the project site at all times. d. The plan to pass the 45 cfs shall be approved by the ditch company. e. If the Contractor affects the capability of the ditch company to convey their water to their users for any reason including ice buildup, the Contractor will be responsible for paying liquidated damages in the amount of $25,000 per day that the ditch company cannot convey their water. 60. Questions? a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at ckimmiaweldaov.com b. Deadline for asking questions is 7 a.m., Monday, November 22, 2021 Final Addendum will be posted by 5 p.m., Tuesday PRE -BID MEETING ATTENDANCE LIST RFP# B2100137 CR 80 and CR 37 Intersection Project Mandatory Pre -Bid Meeting Attendance Sheet November 9, 2021 at 10 am Name Company Phone Number E-mail Clay Kimmi Weld County Public Works 970-400-3471 ckimmi a(�,weldgov.com Ryan Axtman Weld County Public Works 970-381-3302 raxtmanaweldgov.com Joe Kuntz Mountain Constructors 970-785-6161 bids a(mtnconstructors.com Logan Bloemer Dietzler Construction Corp 970-673-2217 estimating a(dietzlerconstruction.com Tom Jackson Structures Inc 303-770-7828 tom(c≥structuresinc.net Robert Cline Lawrence Construction 970-286-9711 rclinealawrence-construction.com Jody Boulonger AB Underground 303-720-4667 alvsonaabunderaround.com Corando Lozano Castle Rock Construction 303-263-4821 clozano(a)_crccllc.com Bri Lafferty Hall -Irwin 970-646-1236 blaffertvCa)_hall-irwin.com Stevie Moran AWP Inc 970-939-6989 smoranOawptraffic.com Junior Kelly AWP Inc 512-608-5085 cobidsaawptraffic.com Elicia Heator Hamon Infrastructure 303-317-7671 eheatorahammoninfrastructure.com Josh Duran Duran Excavating 970-351-0192 joshd@duranexcavting.com RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR CONSTRUCTION OF COUNTY ROAD 80 AND COUNTY ROAD 37 INTERSECTION AND BRIDGE REPLACEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - LARIMER AND WELD IRRIGATION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a License Agreement for Construction of County Road 80 and County Road 37 Intersection and Bridge Replacement Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Larimer and Weld Irrigation Company, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the License Agreement for Construction of County Road 80 and County Road 37 Intersection and Bridge Replacement Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Larimer and Weld Irrigation Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddeefetJ V, XL;el Weld County Clerk to the Board ounty Attorney Date of signature: 07/14F /� I 6c:PW(JM/ER/C+i/c ) 07/2.3 /21 2021-1759 EG0079 WELD COUNTY AND LARIMER & WELD IRRIGATION COMPANY LICENSE AGREEMENT FOR CONSTRUCTION Weld County Project Number: GR-60 - CR 80 and CR 37 Intersection Improvement and Bridge 80/35A Replacement Project ("Project"). RECITALS The parties to this License Agreement are the Larimer & Weld Irrigation Company, a Colorado non-profit corporation ("Ditch Company") whose address is 106 Elm Avenue, Eaton, CO 80615 and the County of Weld, a body corporate and politic, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, ("County"). The Ditch Company and the County are jointly referred to as the Parties. WHEREAS, the Ditch Company owns, operates and uses that certain irrigation and ditch system known as the Eaton Ditch ("Ditch") in Weld County, Colorado, and; WHEREAS, the Ditch Company has a prescriptive easement for the Ditch, including areas adjacent to the Ditch, by virtue of historic use but may not have fee ownership of the underlying land, and; WHEREAS, the County desires to obtain the permission of the Ditch Company to construct, install, maintain, alter, repair, operate, and remove a bridge across the Ditch ("Licensed Activities"), and; WHEREAS, the right of way from the project crosses the Ditch Company's property interest and certain structures will be constructed within and across the prescriptive ditch easement owned and maintained by the Ditch Company, and; WHEREAS, the new bridge will replace the existing bridge (BR80/35A). The new bridge will be located in the SE1/4 of Section 13, T7N, R66W of the 6th P.M. on Weld County Road 80 approximately 190 feet west of Weld County Road 37, and; WHEREAS, the Bridge will be constructed at the location shown on the construction drawings ("Plans") marked EXHIBIT A attached hereto, and; WHEREAS, the Plans have been reviewed and approved by the Ditch Company's engineer, Scott Parker at Anderson Consulting Engineers, and; WHEREAS, the Parties desire to enter in this agreement whereby the County will be permitted to construct the project within the Ditch Company's property interest pursuant to the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises hereinafter expressed, the Parties agree as follows: 4737568 Pages: 1 of 30 07/21/2021 11:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Prdrillt BID Page 1 of 8 020021-/7 5? 1. CONSTRUCTION. The Ditch Company authorizes the County and all others deemed necessary by the County, to enter upon its property for all purposes related to the design and construction of the Bridge depicted in Exhibit A. The County agrees to pay all costs and expenses relating to the design and construction of the structure depicted in Exhibit A. County shall have authority to authorize nonmaterial changes to the construction plans as it determines necessary and appropriate. The County shall construct a temporary bypass structure, capable of carrying up to 45 c.f.s., so as to not disrupt any of the Ditch Company's water delivery obligations during the construction of the project. County shall obtain Ditch Company's prior approval, which shall not be unreasonably withheld, delayed, or condition to changes in the construction plans if they result in a larger disturbance area within the Ditch Company's prescriptive easement during the construction of the project. The Ditch Company shall be entitled to a review of the Plans. The Ditch Company's review of the plans is solely for its own benefit and creates no obligation to Ditch Company. The Ditch Company shall be entitled to inspect the Project during and following construction for purposes related to carriage of water in the Ditch. The Parties agree that the construction of the Bridge shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. The Bridge shall be constructed starting approximately November 1, 2021 and will be completed by April 1, 2022. If the Bridge is not completed by that date, the County shall obtain the written permission of the Ditch Company to continue the construction of the Bridge on terms and conditions acceptable to the Ditch Company in its reasonable discretion. The County shall, at its expense, repair and restore the Ditch including side, banks, and all affected portions of the Ditch Company's property and/or prescriptive easement which are disturbed by the construction as shown in Exhibit A so the flow of water in the Ditch runs at its existing amount and velocity. Any and all facilities appurtenant to the Ditch Company's prescriptive easement and/or property shall be repaired, restored and replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction. All repairs, restoration and/or replacement shall be completed to the reasonable satisfaction of the Ditch Company. The County shall not spill any dirt, debris, or other foreign materials into the Ditch. In the event that dirt, debris, or other foreign materials are spilled into the Ditch, the County agrees to completely clean the affected portions of the Ditch. The County shall be responsible for maintaining the Bridge as needed during construction so the Bridge does not impair the operation and maintenance of the Ditch Company's facilities. The County shall provide for temporary diversion of water during the course of construction activity occurring during the construction time frame and no interruption of water flows shall be allowed, unless otherwise approved in writing by the Ditch Company. The County reserves the right to construct alternative diversion methods other than those depicted on Exhibit A as conditions warrant provided that the method chosen meets or exceeds the adjudicated flow rate of the ditch impacted. At least 30 days prior to the County's determination that an alternative diversion method is warranted, the County shall notify the Ditch Company in writing Page 2 of 8 4737568 Pages: 2 of 30 07/21/2021 11:08 AM R F..:$0.00 Carly Koppme, Clerk and Raoordsr, Weld County , CO of the necessity for and nature of the alternative diversion method. The County shall receive written approval from the Ditch Company of the alternative diversion method selected prior to construction If the County's Licensed Activities interrupt the Ditch Company's water supply for any reason, the Licensee shall pay as liquidated damages $5,800.00 per day for any day the Ditch Company cannot deliver water for the benefit of its shareholders who have a right to the delivery of water, have a need for water, have requested the delivery of water in accordance with the shareholders' rights and cannot deliver water to that shareholder or shareholders as a result of the Licensed Activities. In the event Ditch Company incurs costs, damages, fees, or liabilities exceeding $5,800.00 per day, Ditch Company shall document such costs, damages, fees, or liabilities, which shall be reimbursed by the County. If any interruption results in an actual requirement for the Ditch Company to pay liquidated damages pursuant to any contract for carriage of water, County shall reimburse Ditch Company for such liquidated damages, not to exceed $20,000.00 per day. The County shall require its contractor to list the Ditch Company as additionally insured during the course of construction on the structure. 2. REIMBURSABLE EXPENSES. The County agrees to reimburse the Ditch Company for all reasonable engineering and legal costs incurred by the Ditch Company in preparing and approving this License Agreement and the costs of inspection. Such costs are not anticipated to exceed $1,000.00. Statements for the costs chargeable to the County hereunder will be forwarded to the County and the same shall be paid to the Ditch Company within 30 days after the billing date. 3. MAINTENANCE. The County shall be responsible for all routine upkeep and maintenance of the Bridge located within the Right of Way depicted on Exhibit A after construction is complete. 4. LICENSE FEE. County agrees to pay the Ditch Company a non-refundable license fee of $5,000.00 upon the execution of this License Agreement 5. INSPECTIONS. The Ditch Company shall be permitted to inspect the irrigation structure construction as it deems necessary to protect its interests. Upon completion of the Ditch work, the County shall coordinate a facility inspection with the Ditch Company. The Ditch Company's right to inspect the Licensed Activities shall in no way relieve the County of its liability for improper construction. The Ditch Company's inspection is for the sole benefit of the Ditch Company and shall create no obligation to the Ditch Company. 6. LIABILITY. By virtue of entering into this License Agreement, the Ditch Company assumes no liability for the use, operation or existence of the County's Bridge and assumes no additional responsibilities or obligations related to the Licensed Activities as depicted in Exhibit A. County shall bear the costs and risks from any and all third party claims and damages that the County's construction, installation, maintenance, repair, replacement, operation, inspection, survey and/or restoration may directly or indirectly cause. The County hereby releases the Ditch Company, its successors, assigns, employees, agents and stockholders from any and all claims and damages whatsoever arising from Licensed Activities or any other activities on located on, in, along, across or over the Ditch Company's property. 4737508 Pages: 3 of 30 07/21/2821 11:88 All R F..:$0.00 Page 3 of 8 Carly Kappa,, Clark and Recorder, Wald County , CO �IIIIrj!itaiggt�airti anYdl ,igilk dill 7. EASEMENT RIGHTS. This License Agreement in no way restricts the Ditch Company's right to the use of its prescriptive easement to construct, operate, or maintain all existing structures and facilities of the Ditch. 8. RECORDATION. This License Agreement shall be recorded at the cost of the County and shall be binding on any successors of the Parties. The obligations and benefits of this License Agreement shall specifically run with the land described in EXHIBIT A. The failure to record all or portions of EXHIBIT A because of the size of the documents shall not affect this License Agreement. 9. NOTICES. Any notice required or permitted by this License Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by email with a return receipt requested or certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when the email is sent or been deposited in the U.S. mail. The County shall notify the Ditch Company a minimum of two (2) weeks preceding the date of commencing work on the Bridge depicted in Exhibit A by contacting the Ditch Company representative whose contact information is provided below. The Ditch Company shall likewise notify the County a minimum of five (5) calendar days preceding the date it anticipates resuming water flows in the Ditch by contacting the representative whose contact information is provided below. DITCH COMPANY: Kimberly Nelson, Manager Larimer and Weld Irrigation Company 106 Elm Ave Eaton, CO 80615 970-454-3377 LICENSEE: Weld County Public Works Attn: Clayton Kimmi 1111 H St Greeley, CO 80631 (970) 304-6496 x3741 10. WAIVER OF BREACH. The waiver by any party to this License Agreement of a breach of any term or provision of this License Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 11. EXHIBITS. All exhibits referred to in this License Agreement are, by reference, incorporated in this License Agreement for all purposes. SPECIAL PROVISIONS Page 4 of 8 4737568 Pages: 4 of 30 07/21/2021 11:08 AM R F..:$0.00 Carly Rookies, Clark and Recorder, Weld County , CO 1111 11111 12. EFFECT OF SPECIAL PROVISIONS. These Special Provisions govern the relationship between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, ("County"), and the Larimer & Weld Irrigation Company, ("Ditch Company"). Any provision, statutory, regulatory or otherwise incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall be invalid and unenforceable in any action at law, whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement and the Agreement shall remain in full force and effect to the extent it remains capable of execution. Should conflict in any provisions of this Agreement and any exhibits thereto be identified, the priority of interpretation of the Agreement shall be as follows: (a) . The Special Provisions incorporated within the Agreement; (b) The terms and provisions of this Agreement. 13. BOARD OF COUNTY COMMISSIONERS OF WELD COUNT 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. 14. FUND AVAILABILITY. Financial obligations of County payable after the current fiscal year and/or obligations for which a budget has not been established are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to for such obligations. 15. GOVERNMENTAL IMMUNITY. For the protection of the taxpayers, no term or condition of this contract 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. 16. County and Ditch Company 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. 17. 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. 18. COMPLIANCE WITH LAW. The signatories to this Agreement aver that to their knowledge, no employee of County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Ditch Company has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of Ditch Company's services and Ditch Company shall not employ any person having such known interests. During the term of this Agreement, Ditch Company shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its Page 5 of 8 4737588 Pages: S of 30 07/21/2021 11:08 AM R F..:$0.00 Carly KoDPS,, Clark and Recorder, Wald County CO OM NUNil I. II HI obligations under this Agreement. Failure by Ditch Company to ensure compliance with this provision may result in County's sole discretion, in immediate termination of this Agreement. 19. 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. 20. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and Ditch Company, concerning this Agreement, the parties agree that neither shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the other. 21. Binding Arbitration Prohibited: 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. Dated: J L/riL P/, LARIMER & WELD IRRIGATION COMPANY, a Colorado mutual ditch company By: >---- �[faniel Haythom, Presi6ent STATE OF COLORADO ) (( ) ss. COUNTY OF k21G ) The foregoing instrument was acknowledged before me this 1/ 5'day of by Daniel Haythom, President of Larimer & Weld Irrigation Company. WITNESS my hand and official seal. My Commission Expires: g/t 5/ 91 AUTUMN L PENFOLD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014022034 MY COMMISSION EXPIRES AUGUST 15,2021 Page 6 of 8 4737'368 Pages: 6 of 30 87/21/2021 11:88 AM R F..:$0.00 Carly Kappa., Clark and Raoordar, Weld County , CO lIII 1t t�: ,llth��i�lFM)WIC Ilk 11111 June- , 2021, COUNTY OF WELD, a body corporate and politic By: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Steve Moreno, Chair JUL 0 7 2021 The foregoing instrument was acknowledged before me this 7th day of July 2021, by Steve Moreno, Chair of the Weld County Board of Commissioners. WITNESS my hand and official seal. My Commission Expires: 12/19/2022 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 Page 7 of 8 Notary Cheryl Lynn Hoffm 4737888 Pages: 7 of 30 07/21/2021 11:08 AM R Faa:$0.00 Carly Koppaa, Clark and Raoordar, Wald County CO uIIII��jt'J� ,'G�+L'I��Clirltl'M:11�FY�ihW�h 11111 ,,Z9.21-/ 755 ? 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L ROBE 100 001 OF 20 4737568 Paws: 9 of 30 07/21/2021 11:08 AM R Fee:$0.00 Carly Koppel', Clark and Recorder, Wald County CO lIII MOWN 10017.141MILliiI A'kt hidhild BID int }t ♦ .man 4W0 BOA aTe IIKDOoLUI 1 \ • - ELEVATION ▪ (TAKEN O HCa ova 4404OOCLot *CU O Nil M10 J'- SECTION (LOOKING EAST) NFU NM =NM turn MOrl *MNM le s MO MK WO O WI SOW Oa Mlle WNW SIAM O 4Owa O IS MK MO.* OD MI wit lea Ma IMO M OM MOO OM NAB OM Ow MOM IM O&COMM OLIO or VC WOOD MOO • MN= O MRS Mal 111 PR�11 F (RATIF rpt O.L. Mi1LWWut1 leis M 4___ OW* NFO NOM ♦,t Om 1111 PFs 1U1 f Rr4ro.v WELD COUNTY N CaMlucte0 4737'388 Pages: 10 of 30 07/21/2021 11:08 AM R Fee:00.08 Carly Woods*, Clark and Recorder, Meld County CO ii MINA WAN 1,1iWl1kti inn M EC Roo o NOMMENr Mt 15 SIMI AA OM 11$1 nit, w. Opf-O!1 Ammon, 011•3 11MO) a. *maw NCR 00 k 37 CI CENERN. LAYOUT ptojat Ne./CWW CR-!O 21415 -OD Wit fO O1met00 OF T9 Yoe- S AIM tat BM OF 20 \" \ \`2;;\\ ONO O.. ...... ...., N._.... ., 112 flrrrT;it!: ,i, ..... .:2 e _ . 1 LEGEND 1. aF awYeoa .�_ ---- artYWr.' —� ...A - `1i / , r - .000........ NOTE: ---u.r.,`= IMES ..... we Fal � Ult 11t` 1,. XI' �� 1qA\\`C`� FM VIM WIN I, lig .a J w. doadoa SOL UNITLEGENG _____ .r 1N V. .I a-4 I=�r�'- a( .a ..w � 94.01.010, IS ...�.....c4 a.... '.,°:..�.. ELEVATION (TAKEN O MCL) ,e aRm, mm di e' AM NOrtrosi°" NOVA RRANNI WELD COUNTY ASC a,a WCR 80137 INTERSECTION NOW NS o.r� a.r e...s - � M.O. ENQIEtR16ClOt.00r GRa0 +m.n,a., ..,,+ ar O. ANN 211iGR-80 R .r ..ex.... .o4 r+.. a..... Wm.... glow .•••6M OA 24 r....10a Or 21S 4737588 Pages: 11 of 30 07/21/2021 11.08 AN R Fad:$0.00 Maria Kappa., Clark and Recorder, Wald County , CO �� FAIRS!? Pi 1 Pk 11111 / n.rn0”Cil — .•c . e a a ! : n '... f { -. 0. C�� . xai iaa 0,0.3.44..1•....•.. ,OONso at S.W. 1 . 4.41.4. . i t,'.F Z ", 4020 , ; � ;. y , r .r CFIAtMIEL DESCRIPTION ` ..i.Ylet -t...0 A.`9 0.00...., 0 .. 0440 .u. • 104 .a.vb47 ... o niaN.s.... COMPARISON OF HVDRAuiCS w. ,.. 4420 , m .. . gyA.o. 4915 1•K11401:00 - - {4915 41•030 OM )9[. 9TA91.0aa0 ^'.3v a0a4�0 .. aM la a.. •0[l. 44.3 Rl. .WA 49/6 . [iFW .1910 wva 34 an 4. 4v 44 0614. 4944 4.44. +.YQa44a 1.1...w YOr.hPr 44.50 07 11•43 av av 4aA 49v 0601 �.wOraLLOYF ( m..- —. ..w.4 as in in 117 7.1 Many 0.1. AMY AMIN 4505 4905 n.rA ,1•4 1. .A in iM •m4. s3M .5. oi+ 4900, 4'i5}f 4990# '- -11 _ g----- 0.13. all.. 111 0.i 5.0.333.4 9E 71,. , ._. -:_-. .s is ; 1 0001 :.7•• • •_• . M .oa04vrww ..+ - 4 _ . - 9 ll 4905 ;4990 SCOUR ANALYSIS RESULTS M.N. n. 31•.0.44.$. 141 _ z ='7y93 , 41•4.4.+rw •oM 044.3►. X4690 .14.. f4. 4A ..... +990 -• • 90W0 90.13 90.70 90.4' _ _ _.. . I9 90 •05 I.�___._1. 90.75 90.90 91.05 11.10 91. 94 1.50_. 91.50 •ari 9 _44__4 •65 91410 )4443 •95 ...a>,4• >a ... -4.9 4..0.4:5.o aar..�wr. 811 y .................,wa•a07c. ra.M040 p391•F6.kr. Nd Inds •�, WELD COUNTY A.c4..r4149 WCR 80 & 31 INTERSECTION 040401.411:444.P a""'"' uaf+w'"'3'Sm - DBC 4 3' - .404.. BOWS monxcc4rawnow 1 OR -80 ...m, ..r C. NM.• 444•• y 4 Ib 1341S00 ORTR ~.....s ,,. 47.00... A•. .aNa. _ .r.... BRIDGE ... 004 044 110OF 115 4737808 Palest 12 of 30 Carty1Koppii,3Ciek and RAM ecorder. Wald County , CO VIIII rr�JA(��'a4��i�iill�� Khhl��l4��i�Ihyw6ZY4 11111 811 WNW 01.00l Ottoreemort OW IMCIIVIKV•Mr• NOTES "ic+ .•r !Prat uas.n ...ra.eert�+ac•�.ao..w..t etc aSsuaNPWOW.— lni eA rya Vat t rl9.Or` *.r, S•it_..i- ,,_ OVAL CeAn,.rfw Y,l..Mw, *e. w.m• -- r. b.,. aellk aea MM.irfrr MiVrorPCP -/ TYPICAL DITCH RIPRAP SECTION DBC tralIC .t. n•. •LM Or* O.M. i6 Jf•nU Does posroar I— .4 SEScA Mr Or 4440.4.4 WO. tbr,40 ILCPE aileIVER MM. OS COI.[ri0 RWRAP DETAIL """" .ed Cr END TREATMENT DETAIL 19Cort Aft". ratTOMED CdtaPle,t139ufilitili affM.1, .. TYPICAL ABUTMENT WRAP SECTION nu, ,Icrat As C.r/uortl WCR SO a 37 INTERSECTION MOE t rtO AIJUMF01M./, 04 2 FtU.a NNCM• OR -SO sing M.. MB 2141300 ORTR •..e•., SLEDGE ... a05OF2A.ar...•,1 I Of r3 4737558 Pages: 13 of 30 07/21/2021 11:08 AM R Fss:$0.00 Carly Koppaa, Clerk and Recorder, Weld County CO II 47.30 feat talkineefil touterF . r tro„ Ow. vs/eysta• .1Malln ..a . w, ..r +• M Na. Sam S r.. to ION l- ri5a5. CONSTRUCTION LAYOUT ,.a. a R....:8... WELD COUNTY N CanabaetN 4737388 Pages: 14 of 30 07/21/2821 11:08 AN R Fee:$0.00 Carly Kopper, Clark and Raeorder, Held County , CO ill rifila Pi'Ii ilidil kin11,16MUIN'&''Iy BPI !ISM IS *II sat ra anare. co neroe.opp aai-m rue We >0.-••17 - — NCR SO at ST WTERSCCTpN CONSTRUC114N LAYOUT 5— ann.+ AIM Poj.ct No/CBO. CR-0 Ioos is As a- arm WNW jilee..y BMab 2141440 CAM Ida MAW,: OS TS 07.60 'aa�37 aamR. roam Saw Mama a Oman am ani r a doom WWI Fall t MV~NV ant sOaMatanpajama aaa M an oat out awn Ewa =al= a�aYwFa aawam� Wanta • omits Oa. NMa ame DM Rwawa �gat mor�r rrM • to wwomanl1Mname Ina la ORmps f at m Mani swam R1 O.a.6a ON Ml MINIM! • WOW Rw SAPS taalMa t on as NITaNID o*55* m). sal aR r1CIOm uva Na eat pal wt aaa WOAMMO IMO Pat NZ Oal wrr_re-r SUM tIMIN .maw mw6 as 6"100 Nat Wt* as 12114®a M COMM as NlMON 0R.h NutI arts Raft MRa amis ULM Ral PR r ammo �y�s m'an`immet11 t1.. .a we San. -Tit - oaa R Was a% Waal* MA rogmare' .oioa lama a MOO w Canaan, Fie Ydermnae Ilra_nenkoam tan mean. aw a15t lift of NT. .I -,a ma wow+ .006 fannOal KID COUNTY At Cem*nttad 4737888 Paw's: 13 of 30 07/21/2021 11:08 AR R F..:$0.00 Carly Keppem, Clerk and Recorder, Weld County CO lIII WIPJ1WiaaGlidTla~'tiOk T4Ihlill IMid Bill TURN, oo tvsaoP a t K *Msa 66 an as stn. 06 MOI-elan TSP(0 00) t 5.-4.57 r atatan NCR 90a 37 el RUNG LAYOUT Project No./Cede OR -NI man 1.4%.%11� raw al fr Pete' a., arm amt ltom aao am oc >a 2 PtS-0p ORM tm aani„60F x,11 0T I MuniEN9iDYN ABUTMENT 2 000LAR (WNCWAtLS NOT SHOWN FOR CLARITY) I RDG Engineering LL(4 a.... pf IMO= Miorrwtlan - UR,TYENT cenna OM IMO. a.... .040:11.241.0a it Oki4. rat Plot .w4.. ra'a o.. w* rcda= of Ravn:m•a WELD COUNTY 4737068 Pages: 18 of 30 07/21/2021 11:08 AM R F.e:$0.00 Carly Koppas, Clark and Recorder, Weld County , CO BoVidE/% 1M01w0,IIIIMIKllikklitkrlli 1I III naw an mwmrf %aids aNOrr. m :t WO) ANDO OM NNW At Constructed RC* 40 3? INTOISIDLIION Project No./Cede. CR-60 >Y >w 9. use MOM 2,.,6-00 CR?R w a.. Mo.a S, RAM ,w0,14 if I iam AT ,a OA M4 Wai toF OF TOP OF 4 U1W4 aAI UEWUNUI AAR t.` -mot. !tilt: U t 1 U T ll _ I I U U t U U it n Fvetiat AaU111p115 1 AND 2 U **a Artma Mu ofte.10,11•ClOll• iii miaow. fpnpyter FA. 4domntiW, 0v. a0, ,710613670 w aw.pr 'Ns w0, 01.+ . w w. N. AAA A/A .WPC f0,. 1..1. =•o61 0, Reosooa WELD C00MV As Censtruet.d 4737588 Pages: 17 of 30 CerlZy1K�Wi,iC1srk aannd RRi000rdi , Weld County , CO II I1PJWJI b1 1,I 'AJ4iIO101/1111 MAX NMI 123ANINAT .Q WW 0,r oww 03132.9210 MANMdND 352.010 Oa. 1107 a.-...3 `.10,11 KO 40 S WOISECTOi Project No./C.d. 0440 u0, a•+ v.. 30,, wOti �nuw 4 Soo AAA bffA 714,5-00 OM vu, via ,narIna • {gjt"'e U ,.. 41. • i'"awwwlriarrraM Jiro rem OM.a a. aeaOll IOW R etilFa rw• Ar .re un 0* �{•• r. r QL BUT 07WL�►R— 9 2TT2 4O>W ABU T.I SIMILAR 4,0 I r. EIVATI NORTH 1N a ABUT. 2 SHDNN OTHER WINGWALLS SIMILAR srw m..010. Mal a MOWN NOW Sal IMO A ew.n ELEVATION WINCWALL B SHOWN OTHER WINCWALLS SIMILAR 'PILE DFTMI • IRWIN .164 OM. Pon NM ON•00.11 /. .i�lYr aa.a II,WRi, MU MEM. MCI 1am. _ w401 r , u Ma /Met Mama CORIPAIN Fee IMamatbn er r.:eW7a.t r r.. rrr .r amm .ad. r M'S 04.1 rik Woo aver . mr. SO! MA WROCLr, ode. M Rodeo., WELD COUNTY P. Constructed 4737888 Pages: 18 of 30 07/21/2021 11:08 AM R F•s:$0.00 Carly Kappa*, Clerk and Recorder, Weld County , CO 11IIIr1lntiiiiiNli dualtNYAU4' IIIAl(Ii 1I III tie: VMS Fn tliart a iv MI Matt W 11.33.01111 •SOUS .10 MO r ► sma SCR 80 t 17 iNTE16EMgN VINGIVAIS wo{eet No./Cade d-10 bar I-4 ,80. I .Zee Seat ta0R *.. SIP OF10 71415-00 CAW !2i MOW* 0. =19 r<. as 0101. 1,wa, r..w.r ICWWWW 0120 s 010„25 a 00,00,0 004 Ia... 1. Iw.e-c .. •00 000 O0O 0.0 0n0 0n0 0.0 O^O 0.0 Ono OHO O O •li 7 .wxa w 0100 n o4 r -r 2 W Y.. It 01 a }� L"..r w,0 MOW s 0010 01a M WOW MI 11-14 w AM OP01ff 0130 MOWN am Oft M DE TAI SECTION MOMOWW C.1nout.r ra. 1Mermsti.n .x101—r}p/1610 .b0 11. wlhO. a 0,00101 Rfa a 00.6 ti — „RI's.. a,. low V. Y.1Gaa, led...r R..uda„1 WELD COUNTY Po Constructed 1511 K t P.O.02 6Y , COMM CO. 00121-1020 111.1010001O 00-1000 r.e ate® 101.401 f R.f. WOW, .r eat 80 37 aO 5[000N stmcesmucrune cows Proj.et N../Cad. CIAO 4737588 Pigs.: 10 of 30 07/21/2021 11:08 AM R FN :$0.00 Carly Kopp**. Clerk and Recorder, Meld County , CO �lll tFALIf filih'isnal leibl ii UM Ili' i'Yl�h ii ii i WO 2141540 Wet aR. tre IRON is.. at cs20 ,0101,ti 01115 pKcc LL 6gnsyWW FRt onnst n fblw 17/00/!010 V MWw W0 =WO S a NM soon a1 w r r. Ulf Ns, 14.10, OW venal RI.. ww.N..te.—...,. pewdootto ow. wuwwwwwwwwwo moma worse nIa tMte t Rmnpons RELO COUNT' So Constructed 4737808 Pages: 20 of 30 07/21/2021 11:08 AR R F..:$0.00 Carly Kappat, Clark and Raoord*r, Wald County CO VIII hint LlABuisiOIWCMr lPnti t' i MtI iYly "III w1nn WPM ta oow WW gt Fa lee tot WPM 01 10.11-0,01 tlt'10011a 7.I (t7O NeN-elsl SCR 00 * 37 INTERSECTION SLAB REINFORCING boom "MOW Da No. Iecu Project No./Code 0R-10 ;Ito 1te to see Net R12 OF 70 21415-00 CAM Fe, titsea auto left 71S ar f on Wei B. NM. 004 00 0.1 (fl,) 'nor ezi r M1 Y. It=l' rope Ub row COOletelbe Asa lsO..OTM n.e ,,...O 'at A PI. Fr lei fin MOOS COM aE (4 Sop. O"MM CAe F..r.e,e , Mel MM ,e. MM 10. 220 re aII lea eO W OM 10 t -U Ale MM 100 NM 412 L00 M0 O 400 UM OA lie ,> 4 Al! MM ,eM NM 147 tM 103 r. Of00 APR .M 0M es4 pam ewr be e rrer eb Or Pe e,ee Fels iM Mq A. wr..er w .r a.ws0 wer M M b A. Poo .a OP ea Mole/ara tot ; R W web ho.� Nt Mreww Omer., 1w p ( ra a Ala Owe • ..e.i.vw M ha O rt F .w.1,0 e. 1ilee e e.rr. e.re.Fa ew err .p M aprip M nrefti r — bK . P de... ..ee.w b r M 4 pep ee.r a..r.e w rbe *dm.. r.M r re.0e{ tee vow be .00.1 M.ti F. A M M .owes. M PO or pen. papiphel owe. welee (rp.bee mo. r.,drb.Wee wrrw. Mw�.wpr.0M p. r120 bbeenwr M MP Mp e. 0 re Po err Mw 1r w. �...., .«. «++fie. . ,r rxb(4 .0 F. ww.M.e Fee a.a .err. r .. ..▪ mow"''opener. ar re. :bP.M•b.•I._onere.. 000107 0•10.07 we woes Ito Map rw pre (Nfwrree,r.eF. h w 0� R .,.{' Penh wr wn eripe e* lbo oh* M M weber. rirn_er Oe e..erwMMY.o..wPee r. le ere O. OF We OM.. r ..•MMrAr per. per .......,. ls r 4y. ...Few POP pp.a .e..e rbn wpm N M tnr�. . Woo.* re elphe .erit Mwr�e.,.. OPP fli.pe* ..M.�M Yr14.10Fw. rMA.ep.. lee. fwin r YAM. rr r M. r pr0yMee r •.err•, b Op.rr .M .4r It Me* r eeee in. NM y MM M i....��M...nee..0ba ti.r�FMwer M4,.r e. MM ..peso w a rpm.. wrr) ere. •Mw.a ..e e.Ma r..re Y.r..e M M4M .r ti wA.e epee eh. C.b,n.ter FT. M(w.Mion br 10.12102/0012 NM r MMrnbM tW rap M.A. bole .•• w bre See OA* oe•10200. .A0, of %mai .* map COUNTY N COfl**let.d 4737568 Pages: 21 of 30 07/21/2021 11:08 AM R Fse:$0.00 Carly Koppss, Clerk and Recorder, Weld County , CO 1111tYPPA'131411031IMI{ 4141pct011IINjf II III ..PR AMRS ir elli l eaMOW 01 101.124022 1.001L—rn 7 054*NOW r r.. tee.. SCR SO 31 INTERSECTION PRIVIIRESSED CONCRETE SLAB Proi.et No./Code 14e �• M 4 .ew fr. YM mess Sind but Rt] o m 21415-00 6RRR 1W .aO,e00F Al r+ VOID LOCATIONS R EnVneertna U4 1 rr.e 0.4 P.i a. KEY DFTAO ®r en m �=MANs(tearpa r -r Mar a arr. a apt DFTAU S AT FXTFRIOR GIRDER UNDER BRIDGE RAS- 0,40*10,11. Mgt 011400.4W. Cargutpr FJ. IMam allon aW Ar iyaIle r N+ 000 M Sflfl 100, M10 arla no ana S- IS! !,R +A .!0.010. 000 0 00002 vac cower N CaNtrucba 4737"000 Pages: 22 of 30 07/21/2021 11:08 AM R F.s:$0.00 Carly Kappa', Clark and Recorder, Wald County CO lillN��I�l� �apifi�w��lrkltll'��1�IIk�YI 1I III MS100 Swum ' PA 515 ARAM 00. 605-00 wr,aSca(S 30-0,0 55-!"A r .1•r. W w VCR 80 & 37 INTERSECTION PRESTRESSED CONCRETE SUB OWLS aar. .i lc** RNl fa.c PDX 1100 real! OF AS Atoka' No./Cad. 0140 w 1141540 OCR pe ,15555 TS ssmsee.rien Bdtl_ttlfflYfEPb L IT211 WO. P. MI. at WINO WOMBS SNOW e Mr ON 10.0101. atlas. K are e ,.1.. .1.. S. 0.11. y w Oft t WK.= 1101. . e w 11.1 l .1100w . MIMEO PI r 00® MOM MA e e • L4 C..nl e.r El. ueomwtion OOP «.1./.y.,e ... Pr .. ...w. ..e .u. a., Fair RI MO r o... r Kr Oil A.. .M *romp. e,e►..f R.aco.. WELD COUNTY Oa CoMivat.e 4737558 Pages: 23 of 30 07/21/2021 11:08 AM R Fee:$8.00 Carly Koppel, Clerk and Recorder, Weld County CO Ell �� a��I�'J�1UfiLlt�r��,��1'iI� laff ', W Lk BID ra O. r.. 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N17 S.9.2 rw IMO fore .!• uwtitada a..e.. W R.raroae WELD COUNT/ •s Coa.taxt.e 4737588 Pages: 24 of 30 07/21/2821 11:08 AM R F..:$0.00 Carly Koopes, Clerk and Recorder, Weld County . CO till KWIC Fr SAW a NO NO MEET. CO INXI-WSII PUr:FNOJ .S -_n '04 Lfr.1 I.. -wt am endow. home Kit 60 a 31 INTERSECTION BRIDGE RAIL DETAILS iowASN f.N. A.I. sot S malt Project No./Code 07-b + fa SO* Pot 11140F 2a 21.1,•00 ORR fat amain OF T] LA 00 Moe sr T. NI 11471 •A 0. ( 01. - fM rt (we 0001 -TO 000) 011110. O 01111-1:011 ! 454.5 Mw. 0M.w 40.50 Don VW CURB RFTA.'i nM. S1 * 4055.1 ear .1. *5 Ranee SECIKIN iax Enflaming u..4 0.0., dt 00ap e W 40151 Mr 001V0 .154 he Me Owl. A 47 ewe.. ale So*. S O.OOv07. 4.41 Crew a.... 4 ..n Mw 1ej .W ICC 174-1•7•7 AL 7M, 1N1 .. 0.N MN1r (115) *At 424 401 Sig— Indet of RM.ron1 010 no,. Gas rw 1a� 515.1 • M AO • 15 C0r • MO p ON .. 11n 141 N 1- .a. r.. M a.Y M M 00 c -St as 0...M..N0 04 040 r.M 4545. Yr.0. 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YN M 4...05. +...0n r 1.►+5Ny .w aw4•••7 r 1111. Y000/a114 t .0I 15..04010.4 MS .*0100.100 MM 4011.5 M0. O.. 111. or 00•00 Fr ..000•11 Nat w p rte O. w, 51 NM 4..la ♦ era... ..M1 4 IS w ...In Y 15* O.w 0Y.5q .r N 6.► .00. 016 a.1F, 't_1 L b« 1 Meet. M SECadTIOLL' e OO 7▪ " Zara® 00▪ 1.0 1 .T1 WELD COUNTY N COnotr.ctid 4737388 Pages: 25 of 30 07/21/2021 11:08 AM R Fse:$0.00 Carly Koppas. Clerk end Recorder, Meld County CO 1111 VI �' I �i''�111i�h:ll��M 14�0�ti'I'R VGi� � Milk III II Mll;=On 01001100 00 010 ..a .0a 710 00290 a 10061-0711 WOC(SM) TO -.000 •• (070) ]0.-0-011 Y 40155 Mr WCR 80 a 37 INTERSECTION FIRM RAE DUALS 101NSN A -11 Oka .10100.0040.000 Iran rereereat...aeree .ONYMIr5 Project NO./Cod. (H-/0 a.1. r M 00 x.000 4.07..817 cf „ 014(5-00 ORIR rRr 0,0023 OF 211 e„rTURF OCTAII •r r r• to, oo «i• =Ede YGIICK �KDGEngineering U1 Pel • sumo e 7RAI i PLM • rev) b r • •++'w+ wee m+ wt. me.. ...new 7URr ENO riD.IEGOIC Soo.ti .a.a tp.•y� t •+M`. verse. w wnt.e rte• awn •! .. --- .awe. e.+a. .e'••i «...... Kra inISZEBIALIZIELCIAGEM CONTINI .01000 01' e1o•e�aMOCNoll ' Co .Ad . rng dew-rooton 6.* W* bar u a.r. er R/eVf rar * NM ewes ak Soo ar a.. 20.. Tae WA ur.o.a.s. Intlis Pf Resison. WELD COUNTY N Co .traded 416 KIRK MKS 0,70,14.7 Is adeltr m .ais-a.e. ecotone° M. WO 4737558 Paws: 25 of 30 07/21/2021 11:08 AM R Fes:$0.00 Carly Koppss, Clark and Rsoordar, Meld County . CO 11111 - OCR BO & 07 INTERSECTION BRIDGE RAIL DEEMS 1DII9 B Project No./Coda GA -60 are, ta++ 4 ',MAMA i "` _._ _..__ 3Af1�t _w«c X11 ONOAZO K 71{15 -GO COTS Oa, .100024 0(5 d mat accmxeau • Engiacering�W no w0 a. ro' IMILIIIDALIESSUL �I��.a.��.��wi.��A! N F 1W ABIDWA17 smose a * M[1R NJ. 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'v wmaw ...AO r ..,I, SOMILEDIEDIEICUIALICLANDMENI �KDGEngineering LLC +.... .w..... acocae MOM OM. ,.....mir Sin* p� r.�..ps.�w pwr.�, w Curl r • �i w+l Ywr 1� r w •11116110.11. aro M oo ow woo eft.Vb.-n1. owl}o) 00411,104,901.10, 011 V {Vaal wee am ocarairt Comprtsr F 1e 1nta..wUon arw des r7/ce1a NOM IR too kkook iM w/O/D .e4► w ruAIM Owls A sas *MK, MN Sk N/A oka.n,s. Inds. of Reviv.ons MELD COUNTY M Constructed 4737588 Pages: 28 of 30 07/21/2021 11:08 MR R Feet$0.00 Carly Koppaa, Clark and Raoordar. Maid County CO jiboft Mir FA WA TA CNply. CA Cook -d/1 N.as.teTTO C-TOTO Fac (140) »h4•1? r *k. MCR 10 k 37 INTERSECTION STRUCTURE a in.OM-rto Project No./Cade Of -GO os r -R M 2r41S-00 ORfM Owl lost feud? 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I OF 4737888 Pages: 30 of 30 e7/21/2e21 i3:ea AM R Rsr:$8.e0 Carly Kopper, Clerk and Rsoordar, Wald County , CO lIIIIF1lONPHI DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 October 27, 2020 SUBJECT: Nationwide Permit Verification — Corps File No. NWO-2020-01393-DEN, Weld County Bridge 80/35A (WCB 80/35A) Clay Kimmi Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 Dear Mr. Kimmi: This letter is in reference to the proposed project located at approximately 40.567886°N, -104.715825°W, in Weld County, Colorado. The work as described in your submittal will consist of constructing a roundabout at the intersection of Weld County Roads 80 and 37, the replacement of the bridge at this location, the construction of turn lanes on all sides of the intersection, and the paving of existing gravel roadways. This project will cause permanent impacts to 52 linear feet of the Eaton Canal and to 0.0002 acre of abutting wetlands. Based on the information provided, this office has determined that the work is authorized by the Department of the Army Nationwide Permit (NWP) NWP 14 Linear Transportation Projects, found in the January 6, 2017, Federal Register. Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army permit will not be required for this work, this does not eliminate the requirement that any other applicable federal, state, tribal or local permits be obtained as required. Please be advised that deviations from the original plans and specifications of this project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided a copy of this letter and the enclosed conditions so that they are aware of the limitations of the applicable nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to -2 - appropriate enforcement action. This verification will be valid until March 18, 2022. If work has begun, or is under contract to begin, prior to March 18, 2022, the permittee is granted an additional 12 months to complete the project under the 2017 NWP. In compliance with General Condition 30, the enclosed "Certification of Completed Work" form (blue) must be signed and returned to this office upon completion of the authorized work and any required mitigation. If there are any questions please feel free to contact Nicholas Franke at (303) 979- 4120 or by e-mail at Nicholas.A.Franke@usace.army.mil, and reference Corps File No. NWO-2020-01393-DEN. Sincerely, 1,0 Kiel Downing Denver Regulatory Office Enclosure(s) Nationwide Permit 14, Linear Transportation Projects Certification of Completed Work Copies Furnished: U.S. Fish and Wildlife Service Colorado Department of Public Health and Environment Environmental Protection Agency Colorado Parks and Wildlife Darcy Tiglas, Tiglas Ecological Services, 5015 Swainsona Drive, Loveland, CO 80537 Nationwide Permit 14 Linear Transportation Projects Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2 - acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/ 3 -acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds 1/10 -acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre -construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre - construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity - specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre - construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre- construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" an listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non - Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre -construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre - construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non -Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non - Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10 -acre and require pre- construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10 - acre or less that require pre- construction notification, the district engineer may determine on a case -by- case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to -replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in - lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 12 -acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2- acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee- responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than VI 0 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act. (8) For non -Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) All NWP activities that require pre -construction notification and result in the loss of greater than 12 -acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. 5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). 2017 Regional Conditions to Nationwide Permits in the State of Colorado Regional Conditions Applicable to All Nationwide Permits within the State of Colorado 1. Important Spawning Areas. Activities are not authorized by any nationwide permit except after case -by- case review and consultation with Colorado Parks and Wildlife (CPW) if the activities would adversely affect important spawning areas or would be conducted in these waters during trout and Kokanee spawning seasons. Bio-engineering techniques, such as native riparian shrub plantings, are required for all bank protection activities that exceed 50 linear feet in important spawning areas. For activities located in these important spawning areas, PCN is required and consultation with CPW must be conducted in accordance with the timeframes established in GC 32 (Pre -Construction Notification). Important spawning areas are considered Gold Medal Waters in Colorado (Attachment 2). NOTE: Pre -application consultation with the CPW, preferably on -site, is highly recommended. Providing documentation of pre -application consultation with CPW, stating that CPW has reviewed the proposed project and has no concerns, will be helpful in project evaluation by the Corps. Please visit the following state website to determine the appropriate CPW office for coordination: http://cpw.state.co.us. 2. Fens. All nationwide permits, with the exception of 3, 5, 6, 20, 27, 32, 37, and 38, are revoked for activities located in fens and wetlands adjacent to fens. PCN is required for activities proposed for authorization by Nationwide Permits. The PCN will address potential adverse effects to fen hydrology. The permittee may not begin the activity until the Corps determines the adverse environmental effects are minimal. A fen is defined as a groundwater -fed wetland with saturated organic soil (greater than or equal to 16 inches in thickness) that is classified as a histosol in the Natural Resources Conservation Service (NRCS) Field Indicators of Hydric Soils in the United States (Version 8.0, 2016). A copy of the document can be obtained from the NRCS at http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres142p2 053171.pdf . Note: A fen may be part of a larger aquatic system (fen complex) where wetlands and other waters adjacent to the fen may provide a critical source of hydrology necessary for sustaining the fen. 3. Springs. PCN is required for all Nationwide Permits if the activities occur within 100 feet of the discharge point of a spring. The Corps will determine if the proposed project will have more than a minimal effect to the spring and may require an Individual Permit or project modification to reduce/eliminate the spring impacts. For the purposes of this regional condition, a spring is defined as any location where groundwater flow emanates from a distinct point. Springs do not include seeps or other groundwater discharge areas where there is no distinct point source. 4. Suitable Fill. A PCN is required for the use of broken concrete as fill material within the State of Colorado. Permittees must demonstrate that soft engineering methods utilizing native or non -man made materials are not practicable (with respect to cost, existing technology, and logistics), before broken concrete is allowed as suitable fill. Use of broken concrete with exposed rebar is prohibited. ADDITIONAL INFORMATION The following additional information relates to minimization of impacts to jurisdictional waters of the United States and compliance with the General Conditions: 1. Permittees are reminded that appropriate erosion and sediment controls are required in accordance with GC No. 12 in order to properly stabilize the site and prevent erosion and siltation into wetlands and other waters downstream. Streambed material or other small aggregate material placed alone for bank stabilization will not meet GC No. 12. 2. Permittee best management practices. In order to prevent the spread of invasive and/or nuisance species (e.g., Asian Clam, Grand Valley Asian Tapeworm, Green River Mud Snail, New Zealand Mud Snail), the permittee is strongly encouraged to clean heavy equipment prior to and after construction if the equipment was previously used in another stream, river, lake, pond or wetland within 10 days of initiating work. The following are recommended methods for preventing the spread of invasive aquatic organisms: Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: • Dialkyl dimethyl ammonium chloride (5-10% by weight); • Alkyl dimethyl benzyl ammonium chloride (5-10% by weight); • Nonyl phenol ethoxylate (5-10% by weight); • Sodium sesquicarbonate (1-5%); and, • Tetrasodium ethylene diaminetetraacetate (1-15%) The equipment should be kept moist for at least 10 minutes, and rinsate should be managed as a solid waste in accordance with local, county, state, or federal regulations. Alternately, equipment, hand tools, boots and any other equipment that was previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to another water body may be disinfected using the following methods: • Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. • Sanitize water suction hoses and water transportation tanks (using methods described above) and discard rinse water at an appropriately permitted disposal facility. 3. Designated Critical Resource Waters. Within the State of Colorado, the waters listed in Attachment 1 are designated as Critical Resource Waters. In accordance with GC 22, the discharge of dredged or fill material is not authorized by the following nationwide permits in these waters or their adjacent wetlands: NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, A and B. In addition, in accordance with GC 32, notification to the DE is required for the use of the following nationwide permits in these waters and their adjacent wetlands: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37 and 38. 4. Gold Medal Waters. Within the State of Colorado, the waters listed in Attachment 2 are designated as Gold Medal Waters. Requirements for projects located in these waters and their adjacent wetlands are s e t forth in RC 5 above. ATTACHMENT 1 DESIGNATED CRITICAL RESOURCE WATERS The Colorado Water Quality Control Division designates Critical Resource Waters (Outstanding Waters) within the State of Colorado. Please note that the following list is subject to change and typically changes on an annual basis. For the most current list, or for more information on specific designations within these watersheds and their tributaries, please refer to the Colorado Water Quality Control Commission website: https://www.colorado.gov/pacific/cdphe/wqcc or Water Quality Control Division's website: https://www.colorado.gov/pacific/cdphe/clean-water- gis-maps Animas and Florida River Basins. All tributaries to the Animas River and Florida River, including all wetlands, which are within the Weminuche Wilderness Area. Hermosa Creek, including all tributaries, from the source to immediately below the confluence with Long Hollow, except for the East Fork of Hermosa Creek. All lakes and reservoirs tributary to the Animas River and Florida River which are within the Weminuche Wilderness Area. This segment includes Lillie Lake, Castilleja Lake, City Reservoir, Emerald Lake, Ruby Lake, Balsam Lake, Garfield Lake, Vestal Lake, Eldorado Lake, Highland Mary Lakes, Verde Lakes, Lost Lake, and Crater Lake. Bear Creek Basin. The main stem of Bear Creek and all tributaries, lakes, and reservoirs, including wetlands, within the Mt. Evans Wilderness Area. Big Thompson River Basin. The main stem of the Big Thompson River, including all tributaries, lakes, reservoirs, and wetlands, located within Rocky Mountain National Park (RMNP). Blue River Basin. North Fork of the Swan River, including all tributaries and wetlands, from the source to the confluence with the Swan River. All tributaries to the Blue River, including wetlands within the Eagle Nest and Ptarmigan Peak Wilderness Areas. All lakes and reservoirs within the Eagle Nest and Ptarmigan Peak Wilderness Areas. Boulder Creek Basin. All tributaries to Boulder Creek, including lakes, reservoirs, and wetlands, located within the Indian Peaks Wilderness Area. Cache la Poudre River Basin. All tributaries to the Cache La Poudre River, including lakes, reservoirs, and wetlands, located within RMNP and Rawah, Neota, Comanche Peak, and Cache La Poudre Wilderness Areas. Clear Creek Basin. All tributaries to Clear Creek, including lakes, reservoirs, and wetlands, located within Mt. Evans Wilderness Area. San Luis Valley (Closed Basin). All tributaries in the Closed Basin, including wetlands, lakes, and reservoirs, located within the La Garita Wilderness Area. The main stem of Sand Creek, including all tributaries and wetlands, from the source to the mouth. The main stem of Medano Creek, including all tributaries and wetlands, from the source to the mouth Colorado River Basin. The main stem of the Colorado River, including all tributaries and wetlands, located within or flowing into RMNP. All tributaries to the Colorado River and Frasier River within RMNP and within the Never Summer, Indian Peaks, Byers, Vasquez, Eagles Nest, and Flat Top Wilderness Areas. Main stem of Northwater Creek and Trapper Creek, including all tributaries and wetlands, from their source to the confluence with the East Fork of Parachute Creek. East Middle Fork of Parachute Creek, including all tributaries and wetlands from the source to the confluence with Middle Fork of Parachute Creek. Battlement Creek, including all tributaries and wetlands, from its source to a point immediately downstream boundary of BLM lands. Main stem of Rapid Creek, including all tributaries and wetlands, from the source to a point immediately below the confluence with Cottonwood Creek including Kruzen Springs. Dolores River Basin. All tributaries to the Dolores River and West Dolores River, including all wetlands, tributaries, which are within the Lizard Head Wilderness area, main stem of Rio Lado from the source to the confluence with the Dolores River. Main stem of Spring Creek from the source to the confluence with Stoner Creek. Main stem of Little Taylor Creek from the source to the confluence with Taylor Creek. All lakes, and reservoirs tributary to the Dolores River and West Dolores River, which are within the Lizard Head Wilderness area. This segment includes Navajo Lake. Eagle River Basin. All tributaries to the Eagle River system, including lakes, reservoirs, and wetlands, located within the Eagle Nest and Holy Cross Wilderness Areas of the Gore Range. Abrams Creek, including all tributaries and wetlands, from the source to the eastern boundary of the BLM lands. Fountain Creek Basin. Severy Creek, including all tributaries, from the source to a point just upstream of where the Forest Service Road 330 crosses the stream. Bear Creek, including all tributaries, from the source to a point upstream of GPS coordinated N3847682, W10454917 (this location is at elevation 8,200 feet above sea level at a 250 degree angle and 3,000 feet from the trailhead of the Mount Buckhorn Trail off High Drive). Upper Gunnison River Basin. All tributaries to the Gunnison River, including and wetlands, within the La Garita, Powderhorn, West Elk, Collegiate Peaks, Maroon Bells, Fossil Ridge, or Uncompahgre Wilderness Areas. All tributaries and wetlands from North Beaver Creek to Meyers Gulch, from the West Elk Wilderness boundary to their confluences with Blue Mesa Reservoir, Morrow Point Reservoir, or the Gunnison River, excluding Steuben Creek, North Willow Creek, and Soap Creek. All lakes and reservoirs that are tributary to the Gunnison River and within the La Garita, Powderhorn, West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, or Uncompahgre Wilderness Areas. Lower Gunnison River Basin. All tributaries to the Smith Fork, including all wetlands, which are within the West Elk Wilderness Area. All lakes and reservoirs tributary to the Smith Fork, and are within the West Elk Wilderness Area. North Fork of the Gunnison River Basin. All tributaries to North Fork of the Gunnison River, including all wetlands, within the West Elk or Raggeds Wilderness Areas. All lakes and reservoirs that are tributary to the North Fork of the Gunnison River and within the West Elk or Raggeds Wilderness areas. Laramie River Basin. All tributaries to the Laramie River system, including lakes, reservoirs, and wetlands, located within the Rawah Wilderness Area. Los Pinos River Basin. All tributaries to the Los Pinos River, including all wetlands, which are within the Weminuche Wilderness Area. All lakes and reservoirs tributary to the Los Pinos River which are within the Weminuche Wilderness Area. This includes Granite Lake, Divide Lakes, Elk Lake, Flint Lakes, Moon Lake, Rock Lake, Betty Lake, Lost Lake, Hidden Lake, Vallecito Lake, Eldorado Lake, Trinity Lake, Leviathan Lake, Sunlight Lake, Hazel Lake, Columbine Lake, and Emerald Lake. Mancos River Basin. All tributaries of the Mancos River located within Mesa Verde National Park. North Fork of the Gunnison River Basin. All tributaries to North Fork of the Gunnison River, including lakes, reservoirs, and wetlands, located within the West Elk and Raggeds Wilderness Areas. North Platte River Basin. All tributaries to the North Platte River and Encampment Rivers, including lakes and reservoirs. All wetlands located within the Mount Zirkle, Never Summer, and Platte River Wilderness Areas. Piedra River Basin. All tributaries to the Piedra River, including all wetlands, which are within the Weminuche Wilderness Area. All lakes and reservoirs tributary to the Piedra River which are within the Weminuche Wilderness Area. This segment includes Window Lake, Monument Lake, Hossick Lake, and Williams Lakes. Rio Grande Basin. All tributaries to the Rio Grande, including lakes, reservoirs, and wetlands, located within the Weminuche Wilderness Area. Roaring Fork River. All tributaries of the Roaring Fork River system, including lakes and reservoirs, located within the Maroon Bells/Snowmass, Holy Cross, Raggeds, Collegiate Peaks, and Hunter/Fryingpan Wilderness Areas. San Juan River Basin. All tributaries to the San Juan River, Rio Blanco, and Navajo River including all wetlands which are within the Weminuche Wilderness area and South San Juan Wilderness Area. All lakes and reservoirs which are tributary to the San Juan River, Rio Blanco, and Navajo River and located within the Weminuche Wilderness Area and South San Juan Wilderness Area. This segment includes Archuleta Lake, Spruce Lakes, Turkey Creek Lake, Fourmile Lake, Upper Fourmile Lake, Crater Lake, Quartz Lake, Fish Lake, and Opal Lake. San Miguel River Basin. All tributaries, including wetlands, to the San Miguel River, and within the boundaries of the Lizard Head, or Mount Sneffels Wilderness Areas. All lakes and reservoirs tributary to the San Miguel River and within the boundaries of the Lizard Head, or Mount Sneffels Wilderness Areas. South Platte River Basin. All tributaries to the South Platte River, including lakes, reservoirs, and wetlands, located within the Lost Creek and Mt. Evans Wilderness Areas. St. Vrain Creek Basin. All tributaries to St. Vrain Creek, including lakes, reservoirs, and wetlands, located within the Indian Peaks Wilderness Areas and RMNP. Uncompahgre River Basin. All tributaries to the Uncompahgre River, including all wetlands, which are within the Mt. Sneffels or Uncompahgre Wilderness Areas. All lakes and reservoirs tributary to the Uncompahgre River and within the Mt. Sneffels or Uncompahgre Wilderness Areas. White River Basin. All tributaries to the White River, including lakes, reservoirs, and wetlands, located within the Flat Tops Wilderness Area, including Trapper's Lake. Yampa River Basin. All tributaries to the Yampa River, including lakes, reservoirs, and wetlands, located within Zirkle, Flat Tops, and Sarvis Creek Wilderness Areas. ATTCHMENT 2 GOLD MEDAL WATERS The following list of important spawning areas has been defined as Gold Medal Waters by the State of Colorado. As a reminder, according to RC 5 above, PCN is required for all proposed nationwide permit activities in these waters; consultation with CPW must be conducted in accordance with the timeframes established in GC 32. NOTE: This list of Gold Medal Waters is subject to change. For the most current list, please refer to the Colorado Parks and Wildlife (CPW) Colorado Fishing Brochure available on the CPW website (http://cpw.state.co.us/aboutus/Pages/RegulationsBrochures.aspx) Fishing Brochure or contact any CPW or Corps office in Colorado. GOLD MEDAL LAKES: North Delaney Butte Lake in Jackson County. Spinney Mountain Reservoir in Park County. Steamboat Lake in Routt County. GOLD MEDAL STREAMS: Animas River from Lightner Creek to Rivera Crossing Bridge. Arkansas River from the confluence with the Lake Fork of the Arkansas, near Leadville, downstream to Parkdale at the Hwy 50 bridge crossing above the Royal Gorge. Blue River from Dillon Reservoir Dam to Green Mountain Reservoir inlet; and From Green Mountain Reservoir dam to Colorado River confluence. Colorado River from Fraser River to Troublesome Creek confluence. Also, the 24 mile reach from the confluence with Canyon Creek, at the mouth of Gore Canyon, downstream to the confluence of Rock Creek, near the town of McCoy. Fryingpan River from Ruedi Reservoir dam to Roaring Fork River Confluence. Gore Creek from Red Sandstone Creek to Eagle River confluence. Gunnison River from the upper boundary of the Black Canyon of the Gunnison National Monument downstream to the confluence with the North Fork of the Gunnison River. North Platte River from the Routt National Forest boundary to the Wyoming border. Rio Grande from Farmer's Union Canal upstream to the upper boundary of Collier State Wildlife Area. Roaring Fork River from the confluence with the Crystal River downstream to the confluence with the Colorado River. South Platte River: The Middle Fork of the South Platte River downstream from U.S. Highway 285, the South Fork of the South Platte River downstream from the outlet at Antero Reservoir, and from the confluence of the Middle and South Forks of the South Platte River downstream to the inlet of Spinney Mountain Reservoir. Certification of Completed Work Corps File Number: Name of Permittee: Date of Issuance; Expiration Date: Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U. S. Army Corps of Engineers Denver Regulatory Office 9307 South Wadsworth Blvd. Littleton, Colorado 80128-6901 Phone (303) 979-4120 Fax (303) 979-0602 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions.' Signature of Penniftee ' If your permit included wetlands monitoring and annual reports, these activities will continue after submittal of this form until you are notified by the Denver Regulatory Office that your mitigation is successful and .monitoring sports are no longer required. November 10, 2021 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205 The subcontracted work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project -related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract. However, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the Contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. The proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules". 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 Procced. 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. November 10, 2021 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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) 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 work days per week, number of shifts per day, and the number of hours per shift. 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. Subsection 108.08 shall include the following: When the County issues a Speed Memo (Form 105), Minor Contract Revision (Form 94), or a Change Modification Order (Form 90), the Contractor shall return a signed version of the form within 10 calendar days. Failure to provide the signed form(s) to the Engineer will result in the assessment of liquidated damages as outlined in the Liquidated Damages Table below. 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 carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The November 10, 2021 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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 per hour for the first four hours (four hour minimum) and $100.00 per hour per day 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: 2. 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. 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 Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days. No weather days shall be given. Subsection 108.09 shall include the following after the first paragraph: November 10, 2021 4 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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 ¢¢g 500,000 1,000,000 1,600 ..rat, ,.-, - _ .,,. ,,, . ► r r :1,. � f .., � � �n J n''7 3y*.:. � � �N r. 2,000,000 5,000,000 4,300 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 November 9, 2021 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby deleted for this project and replaced with the following: The fourth paragraph of Subsection 208.01 shall be revised to include the following: 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. Delete Subsection 208.02(c) and replace with the following: (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. Subsection 208.02(k) shall be revised to include the following: (3) The use of disposable plastic swimming pools shall not be allowed. Delete the third paragraph of Subsection 208.02(l) and replace with the following: Erosion control geotextile underlying aggregate material shall be Mirafi FW-300. Delete Subsections 208.03(5) and 208.03(6). Delete Subsection 208.03(6)(c)(2)(2)(i). Delete Subsection 208.03(6)(c)(2)(5) and replace with the following: (5) 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. November 9, 2021 2 REVISION OF SECTION 208 EROSION CONTROL (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. Delete all references to CDOT in Subsection 208.03(6)(d) and replace with Weld County. Subsection 208.03(d)(1), paragraph following item 18 shall be deleted and replaced with the following: 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. Delete Subsection 208.04(c) and replace with the following: (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 the responsibility of the Contractor. These areas shall be subiect to a separate CDPS-SCP and all other necessary permits, as they are considered a common plan of development if within a 1/4 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 subiect 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 proiect's SWMP. Delete Subsection 208.04(f), paragraph 1 and replace with the following: (0 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. Delete Subsection 208.09 and replace with the following: November 9, 2021 3 REVISION OF SECTION 208 EROSION CONTROL 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). 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 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. November 9, 2021 4 REVISION OF SECTION 208 EROSION CONTROL 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 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 dosed 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. November 9, 2021 5 REVISION OF SECTION 208 EROSION CONTROL 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 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. (1) 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. (2) 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)). Liquidated damages will accrue at $1,500 per Chronic Finding per day beginning at 11:59 PM of day the Inspection Form 105 is issued. When the Chronic Finding is comprised of two Severe Findings, the Engineer will assess Liquidated Damages in accordance with this specification. 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. (c) Deferment. If the Contractor seeks deferment, the Superintendent shall submit a deferment request to the Engineer by 11:59 PM of the day after the issuance of Inspection Form 105. Chronic and Severe Findings are not eligible for deferment. The deferment request shall be in writing, signed by the Superintendent and shall include: (1) Regular Findings to be deferred (2) The reasons why the Findings cannot be corrected in twenty-four hours (3) An action plan containing: November 9, 2021 6 REVISION OF SECTION 208 EROSION CONTROL (i) Methodology to protect water quality until each deferred Finding is corrected and accepted (ii) Milestones to measure progress toward completion (iii) Additional control measures to be implemented until each deferred Finding is corrected and accepted (iv) Corrective completion dates for each Finding The Engineer will discuss the deferment request and may meet with the Superintendent to recommend modifications to the action plan. The Engineer will issue a Form 105 accepting or rejecting the deferment request by 11:59 PM of the second day after the Inspection Form 105 documenting the Regular Finding is issued. The County will not accept a deferment for operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. Preparation of deferment documentation and additional materials, including additional control measures, required to complete the action plan shall be at the Contractor's expense. Time frames noted in subsection 208.09(b)1 will not be stopped during the deferment review period, therefore, Liquidated Damages will be assessed beginning 11:59 PM on calendar day two if the deferment request is rejected and, furthermore, a rejected deferment plan (subsection 208.09(c)) shall not absolve the Contractor from recalcitrance. The Engineer will assess Liquidated Damages in the amount of $1,500 per calendar day, and partial day, for each uncorrected Deferred Finding. These Liquidated Damages will start on the date the uncorrected work was deferred to be completed (subsection 208.09(c)(3)). In addition, Liquidated Damages of $1,500 per calendar day will be assessed retroactively to 11:59 PM of the day the finding was originally noted on the Inspection Form 105. (d) Conflict Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. (e) Exemptions. The Engineer will exempt from subsection 208.09(b) situations of Compliance Assistance, Documented Upset Conditions, Documented Reportable Spills and Documented Winter Exemptions. Release from subsection 208.09(b) does not exempt the Contractor from compliance with CDPS-SCP. 1. Documented Upset Condition. The Contractor shall report, both verbally and in writing, the Upset Condition to CDPHE per CDPS-SCP Part II.L.6 and subsection 208.03(c) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Upset Condition. 2. Documented Reportable Spills. The Contractor shall report, both verbally and in writing, the Reportable Spill to CDPHE per subsection 107.25(b) and provide written November 9, 2021 7 REVISION OF SECTION 208 EROSION CONTROL documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Reportable Spill. 3. Winter Exemptions. The Contractor is unable to address findings noted on the Headquarters or Region led water quality control inspection due to: (1) Snow covers the entire site for an extended period and; (2) No construction activity and; (3) Melting conditions posing a risk of surface erosion do not exist. The Contractor shall request a Winter Exemption to the Engineer. If approved, the Engineer will issue a Form 105 and recognize the exemption to subsection 208.09(b). The Contractor shall also update the SWMP with the Form 105 and the documented Winter Exemption. Liquidated Damages, if assessed, will only accrue up to the point where the Winter Exemptions are approved. Delete paragraph 2 of Subsection 208.10(c) and replace with the following: 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. All punch list and walkthrough items shall be completed and approved by the Engineer. Subsection 208.11 shall include the following: All BMPs measured by the Square Yard (SY) shall not include the required overlap. Delete Subsection 208.11, paragraph 1 and replace with the following: Erosion Control Management (ECM) will be measured as the actual number of days of worked by the Contractor. For every day worked by the Contractor (Monday through Friday), a day of ECM will be paid. Delete Subsection 208.11, paragraph 11 and replace with the following: Additional aggregate may be required for maintenance and will be not paid for separately. END OF SECTION RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: 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. 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. #B2100137 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 DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **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. November 17, 2021 Bid Request No. B2100137, CR 80 and CR 37 Intersection Project Weld County, Colorado ADDENDUM NUMBER TWO The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Revised Timeline for Bid Contractor Questions and Responses Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. REVISED TIMELINE FOR BID FINAL DATE FOR ASKING QUESTIONS: NOVEMBER 22 AT 7 AM FINAL DATE FOR FINAL ADDENDUM: NOVEMBER 23 AT 5 PM BID DEADLINE DATE: NOVEMBER 29, 2021 AT 10 AM BID OPENING CONFERENCE CALL: NOVEMBER 29, 2021 AT 10:30 AM ANTICIPATED BID PRESENTATION TO BOCC: DECEMBER 6, 2021 ANTICIPATED BID AWARD BY BOCC: DECEMBER 20, 2021 ANTICIPATED NOTICE TO PROCEED: DECEMBER 27, 2021 COMPLETION DATE: JUNE 15, 2022 Only the dates highlighted in red have been changed. The bid deadline will remain as November 29, 2021 at 10 am. CONTRACTOR QUESTIONS AND RESPONSES Question 1: The current Bid Schedule indicates 501-00000 Steel Sheet Piling (Type I) = 7,500 sf, however the Bid Plans do not seem indicate where this material is to be located. Could you please clarify? Answer 1: The sheet piling locations are not shown in the plans. The addition of the sheet piling was a last minute addition to the plans. The Eaton Ditch notified the County that it was very likely the irrigation ditch would have water running in it through most of the winter, Knowing that the ditch would likely be flowing at up to 45 cfs, the sheet piling bid item was added so the Contractor could create a temporary area that could be dried out and used for the construction of the steel pipe piles and the abutments. Question 2: Can you clarify whether or not RAP is allowed in the top lift of asphalt? Answer 2: Per the Weld County Special Revision to Section 403.02, the HMA design for the bottom and middle lifts may contain up to 20% RAP if approved by the Engineer but the top lift shall be virgin materials and shall not contain RAP unless approved by the Engineer. The Engineer will not approve RAP in the top lift of HMA for this project. 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: By: Date: By: Date: By: Date: 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. 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. #B2100137 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 DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **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. November 23, 2021 Bid Request No. B2100137, CR 80 and CR 37 Intersection Project Weld County, Colorado ADDENDUM NUMBER THREE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question 1: The specifications are not clear about whether or not approved equivalents can be used for the RS580i and FW300 geotextiles. Can the bidders submit equivalent materials for review? Answer 1: The Contractor can submit an equivalent material for RS580i and FW300 only if the submitted materials meet or exceed every single technical specification of the product identified in the bid documents. If the submitted materials do not meet or exceed the specifications in every category, the submitted material will not be accepted as an approved equivalent. Weld County will not review other materials to determine if they would be considered an approved equivalent during the bidding process. Weld County will review materials after a contractor has been selected and a contractor has signed the contract. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: 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. 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. #B2100137 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 DATE CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE E-MAIL 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. EXHIBIT B Rose Everett From: Sent: To: Subject Attachments: Follow Up Flag: Flag Status: Tom Jackson <tom@structuresinc.net> Monday, November 29, 2021 9:58 AM bids CR 80 & CR 37 Intersection Project 20211129100036984.pdf Follow up Flagged ICaution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Please find attached Structures proposal for Bid Request B2100137. I hereby waive my right to a sealed bid. Thanks, Tom Tom Jackson, P.E. President Structures, Inc. 4 Inverness Court East I Suite 250 I F.ngicwood, CO 80112 Main: 303.770.7878 I Fax: 303.7707667 I Direct: 720.943.3051 Tont1Sttuctuteslnc.net I www,stntctnreainc.nct STRUCTURES 1 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O, Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: CR 80 & CR 37 Intersection Project 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, 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. 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. 14 All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. All proposals must be received by 10:00 AM (Purchasing Clock) on the due date. 15 BID TABULATION ITEM # ITEM DESCRIPTION= UNIT QUANTITY UNIT PRICE TOTAL COST 201-00001 CLEARING AND GRUBBING AC 10.7 $800.00 6Z, 06.0- 202-00010 REMOVAL OF TREE EA 1 lDs-o.00 ,,o I o 202-00025 REMOVAL OF CONCRETE DITCH LF 1,777 2-7.oe so. o0 47 9?tad 202-00035 REMOVAL OF PIPE LF 199 18. o0 3 - 8z• 202-00155 REMOVAL OF ROCK WALL LF 160 Zt. 0 0 u 3,70-00 202-00200 REMOVAL OF CONCRETE SIDEWALK & DRIVEWAY SY 160 ZA.0$ 3140-oo 202-00220 REMOVAL OF ASPHALT MAT (FULL DEPTH) SY 2,699 7. 00 f 8 842ao 202-00400 REMOVAL OF BRIDGE EA 1 64900-00 6 4 000•oa 202-00810 REMOVAL OF GROUND SIGN EA 3 /77.0o S W. 00 202-01000 REMOVAL OF FENCE (VINYL) LF 128 $. oo / oZ4.oe 202-01000 REMOVAL OF FENCE (STEEL) LF 696 f3, o0 96'41 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1,413 jo.00 06 42310•0i 90/ 880.00 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 22,547 40.00 203-00100 UNSUITABLE MATERIALS (MUCK) CY 4,039 27-oo loci, 05300 7.Z800-0o 7Z O00. 203-00500 ROCK FILL (57-67) CY 1,800 4f. 00 203-00510 ROCK FILL (3" MINUS) CY 1,800 40.00 203-01500 BLADING HR 40 il4- oo Of 7600-ao 203-01510 BACKHOE HR 40 174.0a /70.00 6g6e.o0 6800 203-01550 DOZING HR 40 203-01597 POTHOLING HR 40 Z$6.00 - oh / ;44o•ao 203-02330 LABORER HR 40 45.0o / I?0Ooa 25.368 -or 1/1 8osor 206-00000 STRUCTURE EXCAVATION CY 1,208 Zl. 04 206-00065 STRUCTURE BACKFILL (FLOW -FILL) (WELD COUNTY MIX) CY 735 /6,3. oo 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 218 68.00 /4,Ard.00 76 z9a.ar 207-00205 TOPSOIL CY 6,878 141. 00 207-00210 STOCKPILE TOPSOIL CY 5,114 /3.00 AA. elBz_ar 208-00002 EROSION LOG TYPE 1 (12-INCH)(10-FOOT) LF 2,805 9 0o 2z, 440-00 208-00020 SILT FENCE LF 330 g -es /650.00 208-00045 CONCRETE WASHOUT STRUCTURE (LINED) EA 1 ZLao-O0 ZzQO-o0 208-00054 STORM DRAIN INLET PROTECTION (TYPE II) EA 17 322.00 4Z 00. a0 5474.00 /b. R 06.0 a 208-00070 VEHICLE TRACKING PAD EA 4 16 ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 20 4 5,00 `t coo- 0s 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 20 q 6.00 i`►L •-06 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 40 /04.0t. 416 e. oQ 208-00107 REMOVAL OF TRASH HR 40 60. ad z4o0.Do 208-00207 EROSION CONTROL MANAGEMENT (ECM) DAY 120 404-0o 3 112-0_0, 208-00300 TEMPORARY BERMS LF 3,397 6.00 ZO 3S2.0, 208-10000 STABILIZED STAGING AREA EA 1 112 00.00 I / Loo- oo 209-00605 DUST PALLIATIVE (MAGNESIUM CHLORIDE)(SPECIAL GAL 23,200 6. oa /37, ea. 210-00010 RESET MAILBOX STRUCTURE EA 1 663.06 !0 A3 w 210-00066 RESET MONUMENT BOX EA 1 /oSo,ao /Ds 0.0. 212-00050 SOD SF 3,873 /.5e 5809 se 212-00702 BIOTIC EARTH BLACK (HGM) AC 9.0 400o.al 3 f 000 212-00706 SEEDING (NATIVE) DRILL AC 9.0 `1.4.00 -Qs $4/e.oi 213-00004 MULCHING (WEED FREE STRAW) AC 9.0 /o Oo. d! '000.0, 74A.0V 216-00201 SOIL RETENTION BLANKET (STRAW -COCONUT) (BIODEGRADABLE CLASS 1) SY 237 4.do 240-00010 REMOVAL OF NESTS HR 20 g3,66 80 Air 240-00020 NETTING SY 70 / 0. 06 7 o did 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 3,033 6z.oe ( 8.90.1‘.0I 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 3,303 /O/.66 333, 601 .• 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON 1,602 /IS oe 1St Z3a. .. 420-00132 GEOTEXTILE (MIRAFI RS580i) SY 13,891 7 0d 9R Z37 of 501-00000 STEEL SHEET PILING (TYPE I) SF 7500 {.00 l /130, 011.06 11,544. on /59 gyp iv 502-00460 PILE TIP EA 26 44Q.od 502-08625 STEEL PIPE PILING ( 12.75 X 0.5 INCH) _ LF 1,346 /, R. oo 506-00212 RIPRAP (12 INCH) CY 231 /33. Oo 3 ir,7Z1.a bl3g.oa• 515-00120 WATERPROOFING (MEMBRANE) SY 198 31.00 601-03000 CONCRETE CLASS D CY 71 6'6? 00 47 351.DP 601-03040 CONCRETE CLASS D (BRIDGE) CY 166 1Zo.ro IS7,72a.oe 24.196.0, /0,3.84 r, zgtert 65 Z7 coo.or 601-03050 CONCRETE CLASS D (WALL) CY 27 +7e. o 0 601-40300 STRUCTURAL CONCRETE COATING SY 472 ZZ.oe 602-00020 REINFORCING STEEL (EPDXY COATED) LB 17,541 I_hS 603-01155 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF _ 290 1 Do.d6 603-01180 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 231 l10,00 Z5,4(o.00 17 ITEM # ITEM, DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 603-03150 15 INCH HORIZONTAL EQUIVALENT REINFORCED CONCRETE PIPE LF 71 2/7.oe 15,40ta, 603-05015 15 INCH REINFORCED CONCRETE END SECTION EA 10 MOO. oe 16, °ooze, 603-05018 18 INCH REINFORCED CONCRETE END SECTION EA 4 Ic bozo• Z,GOo-oo 603-83106 6 INCH C900 PVC LF 108 b7_06 -7z i6 606-00301 GUARDRAIL TYPE 3A LF 94 24s -as -w Z3,0So oa 606-01390 END ANCHORAGE TYPE 3K EA 4 3 0 06.06 O°• Ms 606-01400 TRANSITION TYPE BR10M-GR3 EA 4 // OOe.ov �f4v6 4 606-02005 END ANCHORAGE (FLARED) EA 2 41 So.or /OOP. 1.4 00-05 606-11035 BRIDGE RAIL TYPE 10 MASH LF 66 4gy,v5 Z1 112.06 607-01010 TEMPORARY BARBED WIRE FENCE LF 611 //-o-0 674 -Op 607-11525 FENCE (PLASTIC) LF 50 d so 3eo-oa 612-00002 DELINEATOR (TYPE II) EA 18 61,04 it 4Z-ab 612-00003 DELINEATOR (TYPE III) EA 4 7Z. 01 Z82 w 613-00200 2 INCH ELECTRICAL CONDUIT LF 172 /4. a, 740fi•Ae 117E.00 936-od 614-00011 SIGN PANEL (CLASS I) SF 58 34•or) 614-00218 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 72 13.04 614-01500 STEEL SIGN SUPPORT (2.25x2.25 SQUARE) EA 6 S42. 06 20.5-k. Oa 615-65005 IRRIGATION DIVERSION STRUCTURE LS 2 49 co.* ggeo. 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 1,723 )Z1.06 ?I f:Z Lois 619-10080 8 INCH WELDED STEEL PIPE LF 54 Z16_car 11, 6.44-w 619-10120 12 INCH SCH 40 STEEL CASING W/6" SPACERS (SPECIAL) LF 102 Zits, or zi. TA. or 620-00002 FIELD OFFICE (CLASS 2) EA 1 2 f1, bGt�. ao L o0o ,, - r 620-00020 SANITARY FACILITY EA 1 (5-0o. as � 1560.06 623-09900 SPRINKLER SYSTEM LS 1 7gOm-0s !quo. tnr 625-00000 CONSTRUCTION SURVEYING LS 1 4; pop.06 4JVW r00 626-00000 MOBILIZATION / DEMOBILIZATION LS 1 4as fiOG%uw 465rp19G, or 1 t11lz.pe 627-00005 EPDXY PAVEMENT MARKING GAL 67 a36.a 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (WORD -SYMBOL) SF 51 47_oa 1 Z,3c37 te 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP LINE) SF 64 -o0 Za 1 -or 627-02010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE II) (INLAID) SF 1,073 ,3Z h. 49a 17, 16.g. me 630-00016 TRAFFIC CONTROL (SPECIAL) LS 1 1 701 0Po. os 170)600. Gs 's PAY ITEM SUBTOTAL ($) 4, 80.464, FORCE ACCOUNT ITEMS 18 ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST 700-70010 *F/A MINOR CONTRACT REVISIONS FA 1 $350,000.00 $350,000.00 700-00012 *F/A ASPHALT PAVEMENT INCENTIVE FA 1 $ 20,000.00 $ 20,000.00 700-00016 *F/A FUEL COST ADJUSTMENT FA 1 $ 7,500.00 $ 7,500.00 700-00018 *F/A ROADWAY SMOOTHNESS INCENTIVE FA 1 $ 18,000.00 $ 18,000.00 700-70038 *F/A DEWATERING FA 1 $ 50,000.00 $ 50,000.00 700-70380 *F/A EROSION CONTROL FA 1 $ 30,000.00 $ 30,000.00 FORCE ACCOUNT SUBTOTAL ($) 47k So0•os TOTAL BID PRICE WITHOUT OPTION 1 ($) 5, ZT4Ii IRA,' s TOTAL BID PRICE WITHOUT OPTION 1 WRITTEN WORDS: ArA maim, 71.9 MawpRnq S EYKNfy - Mile 7$4o oar Mgwa1rr, i6#7.1.- Six 0o44RLf V A.0-n'xAr Gr-441j BID OPTION 1 — HMA MILL AND OVERLAY (EACH BIDDER MUST PROVIDE A PRICE FOR THE ITEMS BELOW. FAILURE TO PROVIDE A PRICE WILL RESULT IN THE BID BEING DECLARED UNRESPONSIVE) 202-00241 REMOVAL OF ASPHALT MAT (PLANING) (2 INCHES) SY 4,605 4.5o Zo, 7z z. so 304-09000 AGGREGATE BASE COURSE (2 FEET WIDE SHOULDER MATERIAL)(RAP) CY 88 46.06 S Lge.00 403-34851 HOT MIX ASPHALT (GRADING SXJ (100) (PG 64-28) (2 INCHES) TON 508 /o7.as SZ,o o 356,06 ISo•oa 614-00011 SIGN PANEL (CLASS I)(W8-6 TRUCK CROSSING) SF 12.5 614-00220 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 19 /t.a o y4?_ sb 614-01500 STEEL SIGN SUPPORT (2.25x2.25 SQUARE) EA 2 33..a. Z34.es L4,o.00 /042.00 627-00005 EPDXY PAVEMENT MARKING GAL 4.5 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP BAR & RR BARS) SF 78 32.oe '414.06 4x.06 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (RAILROAD XING) SF 69 Qp. Oo 3312.0 is BID OPTION 1 SUBTOTAL PRICE ($): 8 785,50 TOTAL BID PRICE WITH OPTION 1 ($): S. 341,71_1.6S TOTAL BID WITH OPTION 1 PRICE WRITTEN WORDS: .F/v≤ nnlu►0M TOOK NKN0eico SiXTy-E/6!/,r 7�lors Silas. IfsrORNo Sr'Pkry -our re to oe incivaed in the project total and project bonds. 19 fuels. 4- 5/KTY-CirE COATS NOTE: The following are items of work to be completed by Weld County: • Materials Owner Acceptance 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. �j Addendum No. I Date: I I /4 /t. By: �D Addendum No. Z Date: I(1/7/Z/ By::p Addendum No. 3 Date: II /Z 3 /Z I By: Addendum No. Date: 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. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 2. Performance of each and every portion of the Work is included as part of the Contractor's Price. 3. 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. 4. 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. 5. 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. 6. 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. 7. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 8. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100137 9. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 10. 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 20 by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 11. 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 ST(tucrW--KS /Act BY T —d M SActcSON BUSINESS ADDRESS 4 /NvtR NESS Cr EAT; ZSO CITY, STATE, ZIP CODE IEN(76, s..dp4 Co So►►Z TELEPHONE NO 303 c-7 T FAX 4l 770-1667TAX ID # 94- /4 B/743 - SIGNATURE A E-MAIL 7G STR NCr ,tc, L. AlfI (Please print) DATE // /114/ **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 -15. 21 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. I Date: I I /I /Z/ By:_ AL Addendum No. Z Date: I I // 7 /z- I By:e.E. Addendum No. 3 Date: III /Z3 /Z-1 By:_k___ Addendum No. Date: 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. 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. #62100137 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 S T2ucrbk.4$ imc BY TOM SOIL S.0 Ai BUSINESS ADDRESS 4 /MvttN*ss GT ggrr 2.Zsa CITY, STATE, ZIP CODE gN(Ql.,c X00 Co B 0 // Z. (Please print) DATE I i /2 9 /z / TELEPHONE NO40s.2:$78 FAX 3ai)770-7667 TAX ID # 84-/4 $1745" SIGNATURE A E-MAIL nm a s rau y-s4kesm e. KFr **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. *BID BOND PROJECT: CR 80 & CR 37 INTERSECTION PROJECT KNOW ALL MEN BY THESE PRESENTS, that we, Structures, Inc. as Principal, hereinafter called the Principal, a Colorado [corporation, partnership, or -individual] duly authorized by law to do business in the State of Colorado, and Frankenmuth Mutual Insurance Company [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5%---- ), 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 November 29 , 2021 for the CR 80 & CR 37 INTERSECTION PROJECT, 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 November 29 ,2021 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: Structures In Signature: y A Title: PArts Inlug � ATTFA By: k Witness: Printed Name: ( A1 Vrtnr '1 an WcIness:_ Printed Na 22 6144 FRANKENMUTH MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the State of Michigan, having its principal office at 1 Mutual Avenue, Frankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Thomas F. McCoy, Jr, Justin R. Tomlin, John Browning, Sheila J. Montoya, Kelli E. Housworth, Susan J. Lattarulo Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorneys) named in the given power of attorney, to execute on behalf of, and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of September, 2018. Frankenmuth Mutual Insurance Company Frederick A. Edmond, Jr., President and Chief Operating Officer 'U f1 TE O'MIG flGAN.. .' COUNTY OF SAGINa4 V. ) ss: Sworn to before me, a Notary Public in the State of Michigan, by Frederick A. Edmond, Jr., to me personally known to be the individual and officer described in, and who executed the preceding instrument, deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. IN TESTIMONY ERE, I have set my hand, and affixed my Official Seal this 10th day of September 791$• --_ w Efo-"-a.a.' Dianne L. Voss, Notary Public Saginaw County, State of Michigan My Commission Expires July 23, 2024 (Seal) I, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the Company, this 29th day of November , 2021 . Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO THE DIRECTOR OF SURETY, 701 US ROUTE ONE, SUITE 1, YARMOUTH, ME 04096 Form W-9 (ReV.August 2013) Wand ervbe Request for Taxpayer Identification Number and Certification Give Form to the ree(,rester.Donot send to the IRS, Print or type See Specific Instructions on page 2. Name (es shown an your income tax return) srl�.u+s, /kC Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ,.,, DInaa dividi/eole proprietor D C Corporation gki Corporation O Partnership ❑ ❑ Limited liability company. Enter the tax classification (Coo corporation, S=S corporation, Partnership) O Met (sop irtruotorr)► Trust/estate ► Exemptions Exempt payee Exemption code (if any) (see ietructions): code Of any) from FATCA reporting Add esa (number, street, and apt. or auto no.) 41 Milek NESS C7— Oil& T ZSa Requester's name and address (optional) City, state, and ZP code gl'16LOvQo©, GO BO/! 2 List account noa bar(a) hire (options!) Par tI Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this le your sodal security number (SSN). However, for a resident den, sole proprietor, or &regarded entity, see the pail I Instructions on page 3. For other entitles, It is your employer Identification thumbs (Egl), 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 number to enter. I Sodat scud ty number I m EMI Employer idenaacaaon number O 4 I 4 8 i 7 4 S Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting tora number to be issued to me), and 2. I am not subject to backup withholding because: (a) tan exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withhotdktg as a result of a falure 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 (delned below), and 4. The FATCA code(s) entered on this form Of 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 an4dividends` you sag not ragy(red to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. pageant. General Instructions V Section references are to the internal Revenue Code unless othet as° 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 argr future devefpmenb affecting Fam W-9 (such as legIslaaon enacted after we release it) wit be posted on that page. Purpose of Form A person who is required to tile an information velum with the IRS must obtain your correct taxpayer identification number (Bit) to report, for example, income paid to you, payments made toyou In sentiment of payment card and Wird party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made loan IRA. Use Form WO only it you aro a U.S. person (including a maiden! alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to 1. Certify that the TN you are giving Is correct (or you are waiting for a number to bo issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you me a U.S. exempt payee. if applicable, you aro also rwAdying that as a U. persona your allocable share of any partnership income from a U.S. bade or business is not subject to the Data P. I//z9�y� withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA cab(,) entered an this form (if any) indicating that you are exempt tram the FATCA reporting. is aired. Note. If you area 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 aien, • A partnership, corporation, company, or eseocis ion created or organized in the United States or (alder the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations sexton 301.7701-7). Special rules for partnerships. Partnerehips that conduct a trade or business in the United States are generally required to pay a withholding tax wader section 1446 an any foreign partners' share of effectively connected taxable income horn such brains*. Further, in certain oases where a Form W-9 has not bean received the rules under section 1448 requires partnership to presume tied a partner is a foreign person, and pay the auction 1448 withhoidne tax. Therefore, if you are U.S. person that is a partner Ina partnership conducting a trade or buss ass bathe United Stales, provide Form W-9 to the partnership to rehash your US, status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) *STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 11 / e7 A / All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the bidder who provides the best value as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Proposer: STR (#1-11R-11.51 /mt 2. Type of Entity: CORPOQqi71y (Sy8owl-AA S1 3. Permanent main office address: 4 14VI/MAsS C -T *0}s 7- Zsa co do//2 Phone Number: 6 03) 7 70-7171 Fax Number: (3 03) 77 d — 764 7 4. Year Company was organized: 5. Number of years this Company has been engaged similar construction: Z 3 6. Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? S T R.kc-slier /^I( l3 Y10.s 7. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Project Name Contract Amount Completion Date Pi-MotSri S Kn itrmetro $ $ 8. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. Nom( 24 9. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. Ill 0 XI (% 10. List all contracts within the last three years during which or after which the Company filed a protest with the owner. NONE 11. List all contracts within the last three years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. N0HE 12. Has any owner, as party to any of the Company's contracts within the last three years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. Nome 13. Describe all contracts that the Company failed to complete. NON," 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. NONE 15. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: took, rab (, CASS f321o(9mJ Location: P40 -4 -Ng C Owner's Representative: 3 l tRfif Completion Date: VI / Z 25 Supt: I4.ky kQ toST"E Phone: 646) 330-8'147 Contract Amount: al 3 s6► e( I Project Name: C J Or S 34 8 R4 (o I4 girPL.ClrenAri j Location: (, Ia4 i) LA -cc, C6 Owner's Representative: 6RAitir ANOFRSoN Completion Date: 9 /( /P7 Project Name: L0N6MouT 8 N QRr060 Supt: L4i'_ley L4EloS7 i Phone: 403 5/Z- sob/ 41 Contract Amount: 3 8 2 Zi 566 Location: LON6MOft r, £0 Supt: & IS Lie IL SUM Owner's Representative: Dy LAO STPA0KEQ Completion Date: 7 // /2 / Phone: 67o� 532.- 3706 Contract Amount: 3194S; 190 16. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR Me -711 M4QIItTT#1 AMrietubv S Tyr P 1% WORK DESCRIPTION A s PNQir P4wlRG % OF WORK 1.8'6 0., Z. 17. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. PERTINENT NAME TITLE 3OLIAq INNER 5OsH RA00Te ELt. torT 114.4 Stirs g SyPRQIN]KwJ iT oRnnvoy PRosner m1046 YRS. EXPERIENCE (2 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. 26 Title: PUS'0k,ur The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this Z 9 ti day of NOVVM&I'R , 2021. Bidder: S% RNRS /N( *Z444bli. A° an By: Signature Name: TOM 34c (soN (Please Type) NOTARY County of 4O4-yaf ) ss. State of C4L024D0 T?JOMgs A 34C* saq being duly sworn, deposes and says that he is (Name) Pkresooir (Title) Of STR44CTareirS /kC , and that the (Company Name) answers to the foregoing questions and all �/VG�/ statements therein contained are true and correct. Subscribed and sworn before me this or� % day of "t inbt{f , 2021. (SEAL) KATHRYN DURRANCE LANG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204025324 My Conwn sston Expires July 23.2024 27 Weld County CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # 61a. —Co 1. List names of partnerships or Joint ventures ltKne 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to Weld County. (Attach additional sheets if necessary.) a. Key personnel changes t!ii ne b. Key equipment changes ekRone c. Fiscal capability changes (legal actions, etc.) Cf one d. Other changes that may effect the contractors ability to perform work. 21 -re 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 CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name ) f aLt CI -UP -ft Si PAC By *4 B Date (19 �/ l t Title PRa•stocw- 2nd Contractor's firm or company name (If joint venture) By Date Title Weld Penn LIMOS 1120 28 *NON -COLLUSION FORM (To be signed by authorized s!gnatory(ies) of Proposer) STATE OF EOLaQIbf) p )SS: COUNTY OF APAP A-NDE ) Each of the undersigned, being first duly sworn, deposes and says that: A. The undersigned, being first duly sworn, deposes and says that (he/she) Ng is the (Title) Pent OKA. r of (company name) S TR utTal2Rs tw C, which entity is a (shareholder, partner, joint venture member or other) 0" -NSA of (Proposer's name) Qr/2 N Grua/TS, , a (corporation, partnership, limited liability company, joint venture or other) CoRPo/4ilt-rer,M , the entity making the foregoing Proposal, and that the answers to the foregoing questions and all other statements therein are true and correct. B. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, joint venture, limited liability company or corporation; the proposal is genuine and not collusive or sham; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any Proposer or anyone else to put in a sham proposal or that anyone shall refrain from proposing; the Proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the prices of the Proposer or any other Proposer, or to fix any overhead, profit or cost element included in the proposal, or of that of any other Proposer, or to secure any advantage against Weld County of anyone interested in the proposed Contract; all statements contained in the proposal are true; and, further, the Proposer has not, directly or indirectly, submitted its prices, any breakdown thereof, AREs included in the Proposal, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, joint venture, limited liability company, organization, proposal depository or any member, partner, joint venturer or agent thereof to effectuate a collusive or sham proposal. C. The Proposer will not, directly or indirectly, divulge information or data regarding the price or other terms of its proposal to any other Proposer, or seek to obtain information or data regarding the price or other terms of any other proposal, until after Award of the Contract or rejection of all proposals and cancellation of the RFP. [Duplicate or modify this form as necessary so that it accurately describes the entity making the proposal and so that it is signed on behalf of all partners, members or joint ventures of the Proposer.] S t(c-TLtiei+cs Put NamAC pan (Signature) T/-kim4s A TgceSoN (Name Printed) PP-IntoFKf (Title) (Name of Company) (Signature) (Name Printed) (Title) Subscribed and sworn to before me this Zf YK day of NovnMi3lrcR , 2021. My( KATHRYN DURRANCE LANG NOTARY PUBLIC STAVEF COLORADO ommissiQtimArMo2o4025324 My Commission Expires July 23, 2024 29 tary Public in and for aid County and State Weld County ASSIGNMENT OF ANTITRUST CLAIMS Pao.ECT No. "-60 Contractor and Weld County recognize that in actual economic practice antitrust violations ultimately impact on Weld County. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to Weld County any and all claims It may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by Weld County pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to Weld County hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to Weld County, and (2) Weld County that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to Weld County; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to Weld County hereunder; and c. Promptly to pay over to Weld County its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to Weld County hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to Weld County (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor's obligations to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to Weld County hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to Weld County, and (2) Contractor and Weld County that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to Weld County; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to Weld County hereunder; and d. Promptly pay over to Weld County its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to Weld County pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. Contredo, s Om or company name S riatAcru,t ini *Lc ay TOW Pkt»SrOxnr% By Da�t'�Z9�2/ 2nd contactors inn or company name. oflofnt venture j Data Title Weld Form 1621 120 30 *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 resultjn criynal prosecutiogror acjyninistrative sanctions. Date: 1 I /z9 (z Signature Pis fa"ar Title 31 CONTRACTS ON HAND Project # Year Project Name Owner Original Contract Amount Location % Completed Anticipated Completion 11914 2020 WYDOT Hoback Junction WYDOT $ 22,978,412.07 South Snake River, Hoback, WY 80% 4/29/22 12005 2021 Forest Lake Bridge LLC FLRD #2 $ 2,170,839.00 Colorado Springs, CO 95% 11/26/21 12006 2021 Forterra Expansion Forterra Pipe & Precast, LLC $ 771,650.00 Henderson, CO 95% 12/21/21 12012 2021 Cherokee WWTP Foundtions Xcel Energy $ 1,601,085.00 Denver, CO 97% 12/10/21 12102 2021 Kenney's 's Run Greenway Molson Coors $ 4,143,551.00 Golden, CO 50% 1/14/22 12103 2021 Cabin Creek Hydro Upper Reservoir Construction Xcel Energy $ 3,219,295.22 Idaho Springs, CO 20% 11/4/22 12107 2021 Second Creek Interceptor Metro Wastewater $ 474,412.00 Denver, CO 10% 5/13/22 12108 2021 DTO Bridge Service Repairs Denve Transit Operators, LLC $ 350,700.00 Denver, CO 10% 2/28/22 12109 2021 CSU USC Concrete Spelling Colorado State University $ 609,000.00 Fort Collins, CO 30% 12/17/21 **PERFORMANCE BOND (PAGE 1 OF 2) Bond No. SUR0003742 PROJECT DESCRIPTION: CR 80 & CR 37 INTERSECTION PROJECT KNOW ALL MEN BY THE PRESENTS; that Structures. Inc. (Name of Contractor) 4 Inverness Court E., Suite 250, Englewood, CO 80112 Corporation Address of Contractor) called Contractor, and a (Corporation, Partnership, or Individual) Frankenmuth Mutual Insurance Company (Name of Surety) One Mutual Avenue, Frankenmuth, MI 48787 , hereinafter (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) Five Million Three Hundred Sixty Eight Thousand hereinafter called Owner, in the penal sum of Seven Hundred Seventy One and 651100 Dollars, ($ 5,368,771.65 ). 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 2021, a copy of which is hereto attached and made a part hereof for the construction of: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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. 42 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021. • • . Sui aa �iV )��i��Address) Englewood, CO 80112 (Address) ATTEST: Not Applicable (Surety) Secretary (SEAL) Susan J. Lattarulo By ,Z... Aci Frankenmuth Mutual Insurance Comoanv By Attorney -in -Fact One Mutual Avenue By (Address) Frankenmuth, MI 48787 Nicholas Lattarulo, Surety Witness 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. 43 FRANICENMUTH MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the State of Michigan, having its principal office at 1 Mutual Avenue, Frankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Thomas F. McCoy, Jr, Justin R. Tomlin, John Browning, Sheila J. Montoya, Kelli E. Housworth, Susan J. Lattarulo Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attomey(s) named in the given power of attorney, to execute on behalf of, and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of September, 2018. • Frankenmuth Mutual Insurance Company Frederick A. Edmond, Jr., President and Chief Operating Officer =STATE O MICHIGAN. .- COIJNTY OF sitGip4, V : ) ss: Sworn to before me, a Notary Public in the State of Michigan, by Frederick A. Edmond, Jr., to me personally known to be the individual and officer described in, and who executed the preceding instrument, deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. IN TESTIMONY WHEREOF, I havesetmy hand, and affixed my Official Seal this 10th day of September 2018.. C--ct4J (Seal) Dianne L. Voss, Notary Public Saginaw County, State of Michigan My Commission Expires July 23, 2024 I, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the Company, this day of , 20 _ 6(.1, Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO THE DIRECTOR OF SURETY, 701 US ROUTE ONE, SUITE 1, YARMOUTH, ME 04096 **LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT KNOW ALL MEN BY THE PRESENTS; that Structures, Inc. Bond No, SUR0003742 (Name of Contractor) 4 Inverness Court E., Suite 250, Englewood, CO 80112 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Frankenmuth Mutual Insurance Company (Name of Surety) One Mutual Avenue, Frankenmuth, MI 48787 (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 Five Million Three Hundred* Dollars ($ 5,368,771.65 , 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. Sixty Eight Thousand Seven Hundred Seventy One and 65/100 THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: CR 80 & CR 37 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2100137. 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 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. 44 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: CR 80 & CR 37 INTERSECTION PROJECT 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 , 2021. °‘'' GT /k*// Structures, Inc (SEAL) Co>titractor '*` ary: Not Applicable ��"F/111I11111" (Witness as to Contractor) Not Applicable • • (Address) Not Applicable ATTEST: Not Applicable (Surety) Secretary Witness as to Surety Nicholas Lattarulo 8110 E. Union Ave., #100, Denver, CO 80237 imet_CoritActef By 4 Inverness Court E., Suite 250 (Address) Englewood, CO 80112 Frankenmuth Mutual Insurance Company Susan J. Lattarulo Attorney -in - 8110 E. Union Ave., #100, Denver, CO 80237 (Address) (Address) 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. 45 FRANKENMUTII MUTUAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the State of Michigan, having its principal office at 1 Mutual Avenue, Frankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Thomas F. McCoy, Jr, Justin R. Tomlin, John Browning, Sheila J. Montoya, Kelli E. Housworth, Susan J. Lattarulo Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorneys) named in the given power of attorney, to execute on behalf of, and acknowledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakings of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this I0�ti day of September, 2018. (Se) Frederick A. Edmond, Jr., . -_ =STATE OOMIGFIIGAiI_ :J CCil:PMTY OF SAGI,NA . ) ss: Sworn to before me, a Notary Public in the State of Michigan, by Frederick A. Edmond, Jr., to me personally known to be the individual and officer described in, and who executed the preceding instrument, deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. Frankenmuth Mutual Insurance Company !3y President and Chief Operating Officer IN TESTIMONY WHEREOF, �I have eset my hand, and affixed my Official Seal this t t day of September. = l� 4ij • d.:9 —O-41—.1 (Seal) Dianne L. Voss, Notary Public Saginaw County, State of Michigan My Commission Expires July 23, 2024 I, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the Company, this day of , 20 Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO THE DIRECTOR OF SURETY, 701 US ROUTE ONE, SUITE 1, YARMOUTH, ME 04096 Date: December 6, 2021 To: Rob Turf, Purchasing Manager From: Clay Kimmi, Senior Engineer RE: Bid Request No. B2100137 CR 80 and CR 37 Intersection Project On October 27, 2021, the County advertised the bid for the CR 80 and CR 37 Intersection Project in accordance with section 5-4-30 of the Weld County Code. The bid was advertised in the Greeley Tribune. Additionally, it was advertised on BidNet Direct for 33 days which is longer than the 28 days required by federal procurement regulations. The bid documents were downloaded approximately 120 times prior to the mandatory pre -bid meeting from BidNet Direct. Ten companies attended the mandatory pre -bid meeting on November 9, 2021. Bids were received and opened on November 29, 2021 for the project. One bid was received in the amount of $5,368,771.65 from Structures Inc. The Engineer's Estimate for this project is $5,355,000. The Public Works construction budget for this project is $5,484,000. This project is being partially funded by a $1,000,000 DOLA grant. The submitted bid was reviewed for errors and completeness. There were no errors in the bid received from the Structures, Inc. The bid tabulation is included with this document. The submitted bid meets all bidding requirements and meets all of the Weld County Code requirements. The references provided by the Contractor were checked. All three references stated the contractor was competent, did not request change orders, completed the projects on time and budget, and that they would work with the contractor again. Public Works recommends awarding the construction contract to the low bidder, Structures Inc., for a total amount not to exceed $5, 368,771.65. Construction is anticipated to commence in early January and is planned to be completed by June 15, 2022. WELD COUNTY WCR BO & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. Item No. CONTRACT # ITEM UNIT QUANTITY PRICE COST Unit Price Total Cost 1 201-00001 CLEARING AND GRUBBING ACRE 10.7 $ 7,500.00 $ 80,250.00 $ 5,800.00 $ 62,060.00 2 202-00010 REMOVAL OF TREE EA 1 $ 800.00 $ 800.00 $ 1,050.00 $ 1,050.00 3 202-00025 REMOVAL OF CONCRETE DITCH LF 1,777 $ 15.00 $ 26,655.00 $ 27.00 $ 47,979.00 4 202-00035 REMOVAL OF PIPE LF 199 $ 35.00 $ 6,965.00 $ 18.00 $ 3,582.00 5 202-00155 REMOVAL OF ROCK WALL LF 160 $ 110.00 $ 17,600.00 $ 21.00 $ 3,360.00 6 202-00200 REMOVAL OF CONCRETE SIDEWALK & DRIVEWAY SY 160 $ 45.00 $ 7,200.00 $ 24.00 $ 3,840.00 7 202-00220 REMOVAL OF ASPHALT MAT (FULL DEPTH) SY 2,699 $ 22.00 $ 59,378.00 $ 7.00 $ 18,893.00 8 202-00400 REMOVAL OF BRIDGE EA 1 $ 50,000.00 $ 50,000.00 $ 64,000.00 $ 64,000.00 9 202-00810 REMOVAL OF GROUND SIGN EA 3 $ 200.00 $ 600.00 $ 177.00 $ 531.00 10 202-01000 REMOVAL OF FENCE (VINYL) LF 128 $ 5.00 $ 640.00 $ 8.00 $ 1,024.00 11 202-01000 REMOVAL OF FENCE (WELDED STEEL FENCE) LF 696 $ 10.00 $ 6,960.00 $ 13.00 $ 9,048.00 12 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1,413 $ 30.00 $ 42,390.00 $ 30.00 $ 42,390.00 13 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 22,547 $ 20.00 $ 450,940.00 $ 40.00 $ 901,880.00 14 203-00100 UNSUITABLE MATERIALS (MUCK) CY 4,039 $ 100.00 $ 403,900.00 $ 27.00 $ 109,053.00 15 203-00500 ROCK FILL (57-67) CY 1,800 $ 55.00 $ 99,000.00 $ 41.00 $ 73,800.00 16 203-00510 ROCK FILL (3" MINUS) CY 1,800 $ 60.00 $ 108,000.00 $ 40.00 $ 72,000.00 17 203-01500 BLADING HOUR 40 $ 155.00 $ 6,200.00 $ 190.00 $ 7,600.00 18 203-01510 BACKHOE HOUR 40 $ 200.00 $ 8,000.00 $ 174.00 $ 6,960.00 19 203-01550 DOZING HOUR 40 $ 190.00 $ 7,600.00 $ 170.00 $ 6,800.00 20 203-01597 POTHOLING HOUR 40 $ 250.00 $ 10,000.00 $ 286.00 $ 11,440.00 21 203-02330 LABORER HOUR 40 $ 55.00 $ 2,200.00 $ 45.00 $ 1,800.00 22 206-00000 STRUCTURE EXCAVATION CY 1,208 $ 21.00 $ 25,368.00 $ 21.00 $ 25,368.00 23 206-00065 STRUCTURE BACKFILL (FLOW -FILL) (WELD COUNTY MIX) CY 735 $ 300.00 $ 220,500.00 $ 163.00 $ 119,805.00 24 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 218 $ 46.00 $ 10,028.00 $ 68.00 $ 14,824.00 25 207-00205 TOPSOIL CY 6,878 $ 15.00 $ 103,170.00 $ 14.00 $ 96,292.00 26 207-00210 STOCKPILE TOPSOIL CY 5,114 $ 9.00 $ 46,026.00 $ 13.00 $ 66,482.00 27 208-00002 EROSION LOG TYPE 1 (12 -INCH) (10 -FOOT) LF 2,805 $ 5.50 $ 15,427.50 $ 8.00 $ 22,440.00 28 208-00020 SILT FENCE LF 330 $ 4.00 $ 1,320.00 $ 5.00 $ 1,650.00 29 208-00045 CONCRETE WASHOUT STRUCTURE (LINED) EA 1 $ 2,100.00 $ 2,100.00 $ 2,200.00 $ 2,200.00 30 208-00054 STORM DRAIN INLET PROTECTION (TYPE II) EA 17 $ 300.00 $ 5,100.00 $ 322.00 $ 5,474.00 31 208-00070 VEHICLE TRACKING PAD EA 4 $ 3,200.00 $ 12,800.00 $ 4,200.00 $ 16,800.00 32 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 20 $ 60.00 $ 1,200.00 $ 45.00 $ 900.00 33 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 20 $ 130.00 $ 2,600.00 $ 96.00 $ 1,920.00 34 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 40 $ 155.00 $ 6,200.00 $ 104.00 $ 4,160.00 35 208-00107 REMOVAL OF TRASH HR 40 $ 110.00 $ 4,400.00 $ 60.00 $ 2,400.00 36 208-00207 EROSION CONTROL MANAGEMENT (ECM) DAY 120 $ 280.00 $ 33,600.00 $ 266.00 $ 31,920.00 37 208-00300 TEMPORARY BERMS LF 3,397 $ 3.25 $ 11,040.25 $ 6.00 $ 20,382.00 38 208-10000 STABILIZED STAGING AREA EA 1 $ 10,000.00 $ 10,000.00 $ 11,200.00 $ 11,200.00 39 209-00605 DUST PALLIATIVE (MAGNESIUM-CHLORIDE)(SEPCIAL) GAL 23,200 $ 1.00 $ 23,200.00 $ 6.00 $ 139,200.00 40 210-00010 RESET MAILBOX STRUCTURE EA 1 $ 500.00 $ 500.00 $ 683.00 $ 683.00 41 210-00066 RESET MONUMENT BOX EA 1 $ 1,000.00 $ 1,000.00 $ 1,050.00 $ 1,050.00 42 212-00500 SOD SF 3,873 $ 3.50 $ 13,555.50 $ 1.50 $ 5,809.50 43 212-00702 BIOTIC SOIL AMENDMENTS (HYDRAULICALLY APPLIED) AC 9.0 $ 4,000.00 $ 36,000.00 $ 4,000.00 $ 36,000.00 44 212-00706 SEEDING (NATIVE) DRILL AC 9.0 $ 2,000.00 $ 18,000.00 $ 990.00 $ 8,910.00 45 213-00004 MULCHING (WEED FREE STRAW) AC 9.0 $ 1,200.00 $ 10,800.00 $ 1,000.00 $ 9,000.00 46 216-00201 SOIL RETENTION BLANKET (STRAW -COCONUT) (BIODEGRADABLE CLASS 1) SY 237 $ 4.00 $ 948.00 $ 4.00 $ 948.00 47 240-00010 REMOVAL OF NESTS HR 20 $ 115.00 $ 2,300.00 $ 43.00 $ 860.00 48 240-00020 NETTING SY 70 $ 30.00 $ 2,100.00 $ 10.00 $ 700.00 49 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 3,033 $ 60.00 $ 181,980.00 $ 62.00 $ 188,046.00 WELD COUNTY WCR 80 & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. 50 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 3,303 $ 150.00 $ 495,450.00 $ 101.00 $ 333,603.00 51 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON 1,602 $ 180.00 $ 288,360.00 $ 115.00 $ 184,230.00 52 420-00132 GEOTEXTILE (MIRAFI 580i) SY 13,891 $ 15.00 $ 208,365.00 $ 7.00 $ 97,237.00 53 501-00000 SHEET PILE (TYPE I) SF 7,500 $ 13.33 $ 100,000.00 $ 24.00 $ 180,000.00 54 502-00460 PILE TIP EA 26 $ 220.00 $ 5,720.00 $ 444.00 $ 11,544.00 55 502-08625 STEEL PIPE PILING ( 12.75 X 0.5 INCH) LF 1,346 $ 185.00 $ 249,010.00 $ 118.00 $ 158,828.00 56 506-00212 RIPRAP (12 INCH) CY 231 $ 166.00 $ 38,346.00 $ 133.00 $ 30,723.00 57 515-00120 WATERPROOFING (MEMBRANE) SY 198 $ 21.00 $ 4,158.00 $ 31.00 $ 6,138.00 58 601-03000 CONCRETE CLASS D CY 71 $ 1,000.00 $ 71,000.00 $ 667.00 $ 47,357.00 59 601-03040 CONCRETE CLASS D (BRIDGE) CY 166 $ 1,100.00 $ 182,600.00 $ 920.00 $ 152,720.00 60 601-03050 CONCRETE CLASS D (WALL) CY 27 $ 1,100.00 $ 29,700.00 $ 970.00 $ 26,190.00 61 601-40300 STRUCTURAL CONCRETE COATING SY 472 $ 19.00 $ 8,968.00 $ 22.00 $ 10,384.00 62 602-00020 REINFORCING STEEL (EPDXY COATED) LB 17,541 $ 1.70 $ 29,819.70 $ 1.65 $ 28,942.65 63 603-01155 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 290 $ 120.00 $ 34,800.00 $ 100.00 $ 29,000.00 64 603-01180 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 231 $ 200.00 $ 46,200.00 $ 110.00 $ 25,410.00 65 603-03150 15 INCH HORIZONTAL EQUIVALENT REINFORCED CONCRETE PIPE LF 71 $ 125.00 $ 8,875.00 $ 217.00 $ 15,407.00 66 603-05015 15 INCH REINFORCED CONCRETE END SECTION EA 10 $ 1,800.00 $ 18,000.00 $ 1,600.00 $ 16,000.00 67 603-05018 18 INCH REINFORCED CONCRETE END SECTION EA 4 $ 1,800.00 $ 7,200.00 $ 1,900.00 $ 7,600.00 68 603-83106 6 INCH C900 PVC LF 108 $ 25.00 $ 2,700.00 $ 67.00 $ 7,236.00 69 606-00301 GUARDRAIL TYPE 3A EA 94 $ 65.00 $ 6,110.00 $ 245.00 $ 23,030.00 70 606-01390 END ANCHORAGE TYPE 3K EA 4 $ 2,200.00 $ 8,800.00 $ 3,000.00 $ 12,000.00 71 606-01400 TRANSITION TYPE BR10M-GR3 EA 4 $ 5,400.00 $ 21,600.00 $ 11,000.00 $ 44,000.00 72 606-02005 END ANCHORAGE (FLARED) EA 2 $ 3,700.00 $ 7,400.00 $ 4,700.00 $ 9,400.00 73 606-11035 BRIDGE RAIL TYPE 10 MASH LF 66 $ 380.00 $ 25,080.00 $ 442.00 $ 29,172.00 74 607-01010 FENCE (METAL POST) (BARBED WIRE) (SPECIAL) LF 611 $ 10.00 $ 6,110.00 $ 11.00 $ 6,721.00 75 607-11525 FENCE (PLASTIC) LF 50 $ 4.00 $ 200.00 $ 6.00 $ 300.00 76 612-00002 DELINEATOR (TYPE II) EA 18 $ 31.00 $ 558.00 $ 69.00 $ 1,242.00 77 612-00003 DELINEATOR (TYPE III) EA 4 $ 40.00 $ 160.00 $ 72.00 $ 288.00 78 613-00200 2 INCH ELECTRICAL CONDUIT LF 172 $ 24.00 $ 4,128.00 $ 14.00 $ 2,408.00 79 614-00011 SIGN PANEL (CLASS I) SF 58 $ 25.00 $ 1,450.00 $ 34.00 $ 1,972.00 80 614-00218 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 72 $ 20.00 $ 1,440.00 $ 13.00 $ 936.00 81 614-01500 STEEL SIGN SUPPORT (2.25x2.25 INCH SQUARE) EA 6 $ 20.00 $ 120.00 $ 343.00 $ 2,058.00 82 615-65005 IRRIGATION DIVERSION STRUCTURE LS 2 $ 3,500.00 $ 7,000.00 $ 4,900.00 $ 9,800.00 83 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 1,723 $ 75.00 $ 129,225.00 $ 127.00 $ 218,821.00 84 619-10080 8 INCH WELDED STEEL PIPE LF 54 $ 75.00 $ 4,050.00 $ 216.00 $ 11,664.00 85 616-10120 12 INCH SCH 40 STEEL CASING W/6" SPACERS (SPECIAL) LF 102 $ 80.00 $ 8,160.00 $ 243.00 $ 24,786.00 86 620-00002 FIELD OFFICE (CLASS 2) EA 1 $ 10,000.00 $ 10,000.00 $ 28,000.00 $ 28,000.00 87 620-00020 SANITARY FACILITY EA 1 $ 3,500.00 $ 3,500.00 $ 1,500.00 $ 1,500.00 88 623-09900 SPRINKLER SYSTEM LS 1 $ 2,500.00 $ 2,500.00 $ 7,900.00 $ 7,900.00 89 625-00000 CONSTRUCTION SURVEYING LS 1 $ 75,000.00 $ 75,000.00 $ 43,000.00 $ 43,000.00 90 626-00000 MOBILIZATION / DEMOBILIZATION LS 1 $ 315,000.00 $ 315,000.00 $ 465,000.00 $ 465,000.00 91 627-00005 EPDXY PAVEMENT MARKING GAL 67 $ 200.00 $ 13,400.00 $ 236.00 $ 15,812.00 92 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (WORD -SYMBOL) SF 51 $ 15.00 $ 765.00 $ 47.00 $ 2,397.00 93 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (XWALK-STOPLINE) SF 64 $ 15.00 $ 960.00 $ 32.00 $ 2,048.00 94 627-02010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE II) (INLAID) SF 1,073 $ 15.00 $ 16,095.00 $ 16.00 $ 17,168.00 95 630-00016 TRAFFIC CONTROL (SPECIAL) LS 1 $ 65,000.00 $ 65,000.00 $ 170,000.00 $ 170,000.00 Subtotal $ 4,759,623.95 $ 4,804,486.15 OPTION 1 HMA MILL AND OVERLAY 96 1202-00241 (REMOVAL OF ASPHALT MAT (PLANING) (2 INCHES) I SY I 4,605 IS 4.50 $ 20,722.50 $ 4.50 $ 20,722.50 WELD COUNTY WCR 80 & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. 97 304-09000 AGGREGATE BASE COURSE (2 FEET WIDE SHOULDER MATERIAL)(RAP) CY 88 $ 40.00 $ 3,520.00 $ 60.00 $ 5,280.00 98 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) (2 INCHES) TON 508 $ 180.00 $ 91,440.00 $ 107.00 $ 54,356.00 99 614-00011 SIGN PANEL (CLASSI)(W8-6 TRUCK CROSSING) SF 13 $ 25.00 $ 312.50 $ 52.00 $ 650.00 100 614-00220 STEEL SIGNPOST (2.25x2.25 INCH SQUARE) LF 19 $ 21.00 $ 399.00 $ 13.00 $ 247.00 101 614-01500 STEEL SIGN SUPPORT (2.25 x 2.25 INCH SQUARE) EA 2 $ 30.00 $ 60.00 $ 330.00 $ 660.00 102 627-00005 EPDXY PAVEMENT MARKING GAL 5 $ 200.00 $ 900.00 $ 236.00 $ 1,062.00 103 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP BAR 8 RR BARS) SF 78 $ 15.00 $ 1,170.00 $ 32.00 $ 2,496.00 104 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (RAILROAD XING) SF 69 $ 15.00 $ 1,035.00 $ 48.00 $ 3,312.00 Subtotal $ 119,559.00 $ 88,785.50 FORCE ACCOUNT ITEMS 105 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 106 700-00012 F/A ASPHALT PAVEMENT INCENTIVE FA 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 107 700-00016 F/A FUEL COST ADJUSTMENT FA 1 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 108 700-00018 F/A ROADWAY SMOOTHNESS INCENTIVE FA 1 $ 18,000.00 $ 18,000.00 $ 18,000.00 $ 18,000.00 109 700-70038 F/A DEWATERING FA 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 110 700-70380 F/A EROSION CONTROL FA 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 Subtotal $ 475,500.00 $ 475,500.00 TOTAL' $ 5,354,682.95 $ 5,368,771.65 From Bidder's Bid $ 5,368,771.65 No math errors Contract Form Entity Information Entity Name* STRUCTURES INC New Contract Request Entity ID* 800018891 Contract Name* Contract ID CONSTRUCTION CONTRACT FOR THE CR 80 AND CR 37 5488 INTERSECTION PROJECT Contract Status CTB REVIEW Contract Lead* CKIMMI New Entity? Parent Contract ID 2021 3300 Requires Board Approval YES Contract Lead Email Department Project # CKimmi@co.weld.co.us GR-60 Contract Description* CONSTRUCTION AGREEMENT WITH STRUCTURES INC FOR THE CR 80 AND CR 37 INTERSECTION PROJECT. Contract Description 2 Contract Type AGREEMENT Amount * 55,368,771.65 Renewable* NO Automatic Renewal NO Grant YES ICA► NO Department PUBLIC WORKS Department Email CM- PublicWorksrweldgov.com Department Head Email CM-PublicWorks- DeptHeadcweldgov.com County Attorney BOB CHOATE County Attorney Email BC HOATEC'CO. WELD. CO. U S Grant Deadline Date 11'30,2022 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 01 1`03x`2022 Due Date 12,'30,'2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2100137 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Date Review Date* 12r22r2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 06(15;2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 12/27l2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12;`29 29, 2021 Originator CKIMMI Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 12;27;'2021 Finance Approved Date 12,27.'2021 Tyler Ref # AG 122921 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 12;'27, 2021 Date: December 6, 2021 To: Rob Turf, Purchasing Manager From: Clay Kimmi, Senior Engineer RE: Bid Request No. B2100137 CR 80 and CR 37 Intersection Project On October 27, 2021, the County advertised the bid for the CR 80 and CR 37 Intersection Project in accordance with section 5-4-30 of the Weld County Code. The bid was advertised in the Greeley Tribune. Additionally, it was advertised on BidNet Direct for 33 days which is longer than the 28 days required by federal procurement regulations. The bid documents were downloaded approximately 120 times prior to the mandatory pre -bid meeting from BidNet Direct. Ten companies attended the mandatory pre -bid meeting on November 9, 2021. Bids were received and opened on November 29, 2021 for the project. One bid was received in the amount of $5,368,771.65 from Structures Inc. The Engineer's Estimate for this project is $5,355,000. The Public Works construction budget for this project is $5,484,000. This project is being partially funded by a $1,000,000 DOLA grant. The submitted bid was reviewed for errors and completeness. There were no errors in the bid received from the Structures, Inc. The bid tabulation is included with this document. The submitted bid meets all bidding requirements and meets all of the Weld County Code requirements. The references provided by the Contractor were checked. All three references stated the contractor was competent, did not request change orders, completed the projects on time and budget, and that they would work with the contractor again. Public Works recommends awarding the construction contract to the low bidder, Structures Inc., for a total amount not to exceed $5, 368,771.65. Construction is anticipated to commence in early January and is planned to be completed by June 15, 2022. 12/ Zo E�� e0.19 WELD COUNTY WCR 80 & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. Item No. CONTRACT # ITEM UNIT QUANTITY PRICE COST Unit Price Total Cost 1 201-00001 CLEARING AND GRUBBING ACRE 10.7 $ 7,500.00 $ 80,250.00 $ 5,800.00 $ 62,060.00 2 202-00010 REMOVAL OF TREE EA 1 $ 800.00 $ 800.00 $ 1,050.00 $ 1,050.00 3 202-00025 REMOVAL OF CONCRETE DITCH LF 1,777 $ 15.00 $ 26,655.00 $ 27.00 $ 47,979.00 4 202-00035 REMOVAL OF PIPE LF 199 $ 35.00 $ 6,965.00 $ 18.00 $ 3,582.00 5 202-00155 REMOVAL OF ROCK WALL LF 160 $ 110.00 $ 17,600.00 $ 21.00 $ 3,360.00 6 202-00200 REMOVAL OF CONCRETE SIDEWALK & DRIVEWAY SY 160 $ 45.00 $ 7,200.00 $ 24.00 $ 3,840.00 7 202-00220 REMOVAL OF ASPHALT MAT (FULL DEPTH) SY 2,699 $ 22.00 $ 59,378.00 $ 7.00 $ 18,893.00 8 202-00400 REMOVAL OF BRIDGE EA 1 $ 50,000.00 $ 50,000.00 $ 64,000.00 $ 64,000.00 9 202-00810 REMOVAL OF GROUND SIGN EA 3 $ 200.00 $ 600.00 $ 177.00 $ 531.00 10 202-01000 REMOVAL OF FENCE (VINYL) LF 128 $ 5.00 $ 640.00 $ 8.00 $ 1,024.00 11 202-01000 REMOVAL OF FENCE (WELDED STEEL FENCE) LF 696 $ 10.00 $ 6,960.00 $ 13.00 $ 9,048.00 12 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1,413 $ 30.00 $ 42,390.00 $ 30.00 $ 42,390.00 13 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 22,547 $ 20.00 $ 450,940.00 $ 40.00 $ 901,880.00 14 203-00100 UNSUITABLE MATERIALS (MUCK) CY 4,039 $ 100.00 $ 403,900.00 $ 27.00 $ 109,053.00 15 203-00500 ROCK FILL (57-67) CY 1,800 $ 55.00 $ 99,000.00 $ 41.00 $ 73,800.00 16 203-00510 ROCK FILL (3" MINUS) CY 1,800 $ 60.00 $ 108,000.00 $ 40.00 $ 72,000.00 17 203-01500 BLADING HOUR 40 $ 155.00 $ 6,200.00 $ 190.00 $ 7,600.00 18 203-01510 BACKHOE HOUR 40 $ 200.00 $ 8,000.00 $ 174.00 $ 6,960.00 19 203-01550 DOZING HOUR 40 $ 190.00 $ 7,600.00 $ 170.00 $ 6,800.00 20 203-01597 POTHOLING HOUR 40 $ 250.00 $ 10,000.00 $ 286.00 $ 11,440.00 21 203-02330 LABORER HOUR 40 $ 55.00 $ 2,200.00 $ 45.00 $ 1,800.00 22 206-00000 STRUCTURE EXCAVATION CY 1,208 $ 21.00 $ 25,368.00 $ 21.00 $ 25,368.00 23 206-00065 STRUCTURE BACKFILL (FLOW -FILL) (WELD COUNTY MIX) CY 735 $ 300.00 $ 220,500.00 $ 163.00 $ 119,805.00 24 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 218 $ 46.00 $ 10,028.00 $ 68.00 $ 14,824.00 25 207-00205 TOPSOIL CY 6,878 $ 15.00 $ 103,170.00 $ 14.00 $ 96,292.00 26 207-00210 STOCKPILE TOPSOIL CY 5,114 $ 9.00 $ 46,026.00 $ 13.00 $ 66,482.00 27 208-00002 EROSION LOG TYPE 1 (12 -INCH) (10 -FOOT) LF 2,805 $ 5.50 $ 15,427.50 $ 8.00 $ 22,440.00 28 208-00020 SILT FENCE LF 330 $ 4.00 $ 1,320.00 $ 5.00 $ 1,650.00 29 208-00045 CONCRETE WASHOUT STRUCTURE (LINED) EA 1 $ 2,100.00 $ 2,100.00 $ 2,200.00 $ 2,200.00 30 208-00054 STORM DRAIN INLET PROTECTION (TYPE II) EA 17 $ 300.00 $ 5,100.00 $ 322.00 $ 5,474.00 31 208-00070 VEHICLE TRACKING PAD EA 4 $ 3,200.00 $ 12,800.00 $ 4,200.00 $ 16,800.00 32 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 20 $ 60.00 $ 1,200.00 $ 45.00 $ 900.00 33 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 20 $ 130.00 $ 2,600.00 $ 96.00 $ 1,920.00 34 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 40 $ 155.00 $ 6,200.00 $ 104.00 $ 4,160.00 35 208-00107 REMOVAL OF TRASH HR 40 $ 110.00 $ 4,400.00 $ 60.00 $ 2,400.00 36 208-00207 EROSION CONTROL MANAGEMENT (ECM) DAY 120 $ 280.00 $ 33,600.00 $ 266.00 $ 31,920.00 37 208-00300 TEMPORARY BERMS LF 3,397 $ 3.25 $ 11,040.25 $ 6.00 $ 20,382.00 38 208-10000 STABILIZED STAGING AREA EA 1 $ 10,000.00 $ 10,000.00 $ 11,200.00 $ 11,200.00 39 209-00605 DUST PALLIATIVE (MAGNESIUM-CHLORIDE)(SEPCIAL) GAL 23,200 $ 1.00 $ 23,200.00 $ 6.00 $ 139,200.00 40 210-00010 RESET MAILBOX STRUCTURE EA 1 $ 500.00 $ 500.00 $ 683.00 $ 683.00 41 210-00066 RESET MONUMENT BOX EA 1 $ 1,000.00 $ 1,000.00 $ 1,050.00 $ 1,050.00 42 212-00500 SOD SF 3,873 $ 3.50 $ 13,555.50 $ 1.50 $ 5,809.50 43 212-00702 BIOTIC SOIL AMENDMENTS (HYDRAULICALLY APPLIED) AC 9.0 $ 4,000.00 $ 36,000.00 $ 4,000.00 $ 36,000.00 44 212-00706 SEEDING (NATIVE) DRILL AC 9.0 $ 2,000.00 $ 18,000.00 $ 990.00 $ 8,910.00 45 213-00004 MULCHING (WEED FREE STRAW) AC 9.0 $ 1,200.00 $ 10,800.00 $ 1,000.00 $ 9,000.00 46 216-00201 SOIL RETENTION BLANKET (STRAW -COCONUT) (BIODEGRADABLE CLASS 1) SY 237 $ 4.00 $ 948.00 $ 4.00 $ 948.00 47 240-00010 REMOVAL OF NESTS HR 20 $ 115.00 $ 2,300.00 $ 43.00 $ 860.00 48 240-00020 NETTING SY 70 $ 30.00 $ 2,100.00 $ 10.00 $ 700.00 49 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 3,033 $ 60.00 $ 181,980.00 $ 62.00 $ 188,046.00 WELD COUNTY WCR 60 & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. 50 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 3,303 $ 150.00 $ 495,450.00 $ 101.00 $ 333,603.00 51 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON 1,602 $ 180.00 $ 288,360.00 $ 115.00 $ 184,230.00 52 420-00132 GEOTEXTILE (MIRAFI 580i) SY 13,891 $ 15.00 $ 208,365.00 $ 7.00 $ 97,237.00 53 501-00000 SHEET PILE (TYPE I) SF 7,500 $ 13.33 $ 100,000.00 $ 24.00 $ 180,000.00 54 502-00460 PILE TIP EA 26 $ 220.00 $ 5,720.00 $ 444.00 $ 11,544.00 55 502-08625 STEEL PIPE PILING ( 12.75 X 0.5 INCH) LF 1,346 $ 185.00 $ 249,010.00 $ 118.00 $ 158,828.00 56 506-00212 RIPRAP (12 INCH) CY 231 $ 166.00 $ 38,346.00 $ 133.00 $ 30,723.00 57 515-00120 WATERPROOFING (MEMBRANE) SY 198 $ 21.00 $ 4,158.00 $ 31.00 $ 6,138.00 58 601-03000 CONCRETE CLASS D CY 71 $ 1,000.00 $ 71,000.00 $ 667.00 $ 47,357.00 59 601-03040 CONCRETE CLASS D (BRIDGE) CY 166 $ 1,100.00 $ 182,600.00 $ 920.00 $ 152,720.00 60 601-03050 CONCRETE CLASS D (WALL) CY 27 $ 1,100.00 $ 29,700.00 $ 970.00 $ 26,190.00 61 601-40300 STRUCTURAL CONCRETE COATING SY 472 $ 19.00 $ 8,968.00 $ 22.00 $ 10,384.00 62 602-00020 REINFORCING STEEL (EPDXY COATED) LB 17,541 $ 1.70 $ 29,819.70 $ 1.65 $ 28,942.65 63 603-01155 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 290 $ 120.00 $ 34,800.00 $ 100.00 $ 29,000.00 64 603-01180 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 231 $ 200.00 $ 46,200.00 $ 110.00 $ 25,410.00 65 603-03150 15 INCH HORIZONTAL EQUIVALENT REINFORCED CONCRETE PIPE LF 71 $ 125.00 $ 8,875.00 $ 217.00 $ 15,407.00 66 603-05015 15 INCH REINFORCED CONCRETE END SECTION EA 10 $ 1,800.00 $ 18,000.00 $ 1,600.00 $ 16,000.00 67 603-05018 18 INCH REINFORCED CONCRETE END SECTION EA 4 $ 1,800.00 $ 7,200.00 $ 1,900.00 $ 7,600.00 68 603-83106 6 INCH C900 PVC LF 108 $ 25.00 $ 2,700.00 $ 67.00 $ 7,236.00 69 606-00301 GUARDRAIL TYPE 3A EA 94 $ 65.00 $ 6,110.00 $ 245.00 $ 23,030.00 70 606-01390 END ANCHORAGE TYPE 3K EA 4 $ 2,200.00 $ 8,800.00 $ 3,000.00 $ 12,000.00 71 606-01400 TRANSITION TYPE BR10M-GR3 EA 4 $ 5,400.00 $ 21,600.00 $ 11,000.00 $ 44,000.00 72 606-02005 END ANCHORAGE (FLARED) EA 2 $ 3,700.00 $ 7,400.00 $ 4,700.00 $ 9,400.00 73 606-11035 BRIDGE RAIL TYPE 10 MASH LF 66 $ 380.00 $ 25,080.00 $ 442.00 $ 29,172.00 74 607-01010 FENCE (METAL POST) (BARBED WIRE) (SPECIAL) LF 611 $ 10.00 $ 6,110.00 $ 11.00 $ 6,721.00 75 607-11525 FENCE (PLASTIC) LF 50 $ 4.00 $ 200.00 $ 6.00 $ 300.00 76 612-00002 DELINEATOR (TYPE II) EA 18 $ 31.00 $ 558.00 $ 69.00 $ 1,242.00 77 612-00003 DELINEATOR (TYPE III) EA 4 $ 40.00 $ 160.00 $ 72.00 $ 288.00 78 613-00200 2 INCH ELECTRICAL CONDUIT LF 172 $ 24.00 $ 4,128.00 $ 14.00 $ 2,408.00 79 614-00011 SIGN PANEL (CLASS I) SF 58 $ 25.00 $ 1,450.00 $ 34.00 $ 1,972.00 80 614-00218 STEEL SIGN POST (2.25x2.25 INCH SQUARE) LF 72 $ 20.00 $ 1,440.00 $ 13.00 $ 936.00 81 614-01500 STEEL SIGN SUPPORT (2.25x2.25 INCH SQUARE) EA 6 $ 20.00 $ 120.00 $ 343.00 $ 2,058.00 82 615-65005 IRRIGATION DIVERSION STRUCTURE LS 2 $ 3,500.00 $ 7,000.00 $ 4,900.00 $ 9,800.00 83 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 1,723 $ 75.00 $ 129,225.00 $ 127.00 $ 218,821.00 84 619-10080 8 INCH WELDED STEEL PIPE LF 54 $ 75.00 $ 4,050.00 $ 216.00 $ 11,664.00 85 616-10120 12 INCH SCH 40 STEEL CASING W/6" SPACERS (SPECIAL) LF 102 $ 80.00 $ 8,160.00 $ 243.00 $ 24,786.00 88 820-00002 FIELD OFFICE (CLASS 2) EA 1 $ 10,000.00 $ 10,000.00 $ 28,000.00 $ 28,000.00 87 620-00020 SANITARY FACILITY EA 1 $ 3,500.00 $ 3,500.00 $ 1,500.00 $ 1,500.00 88 623-09900 SPRINKLER SYSTEM LS 1 $ 2,500.00 $ 2,500.00 $ 7,900.00 $ 7,900.00 89 625-00000 CONSTRUCTION SURVEYING LS 1 $ 75,000.00 $ 75,000.00 $ 43,000.00 $ 43,000.00 90 626-00000 MOBILIZATION / DEMOBILIZATION LS 1 $ 315,000.00 $ 315,000.00 $ 465,000.00 $ 465,000.00 91 627-00005 EPDXY PAVEMENT MARKING GAL 67 $ 200.00 $ 13,400.00 $ 236.00 $ 15,812.00 92 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (WORD -SYMBOL) SF 51 $ 15.00 $ 765.00 $ 47.00 $ 2,397.00 93 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (XWALK-STOPLINE) SF 64 $ 15.00 $ 960.00 $ 32.00 $ 2,048.00 94 627-02010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE II) (INLAID) SF 1,073 $ 15.00 $ 16,095.00 $ 16.00 $ 17,168.00 95 630-00016 TRAFFIC CONTROL (SPECIAL) LS 1 $ 65,000.00 $ 65,000.00 $ 170,000.00 $ 170,000.00 Subtotal $ 4,759,623.95 $ 4,804,486.15 OPTION 1 HMA MILL AND OVERLAY 96 1202-00241 (REMOVAL OF ASPHALT MAT (PLANING) (2 INCHES) 1 SY 1 4,605 I $ 4.50 $ 20,722.50 $ 4.50 $ 20,722.50 WELD COUNTY WCR 80 & 37 INTERSECTION Weld County Engineer's Estimate 10/14/21 Structures Inc. 97 304-09000 AGGREGATE BASE COURSE (2 FEET WIDE SHOULDER MATERIAL)(RAP) CY 88 $ 40.00 $ 3,520.00 $ 60.00 $ 5,280.00 98 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) (2 INCHES) TON 508 $ 180.00 $ 91,440.00 $ 107.00 $ 54,356.00 99 614-00011 SIGN PANEL (CLASSI)(W8-6 TRUCK CROSSING) SF 13 $ 25.00 $ 312.50 $ 52.00 $ 650.00 100 614-00220 STEEL SIGNPOST (2.25x2.25 INCH SQUARE) LF 19 $ 21.00 $ 399.00 $ 13.00 $ 247.00 101 614-01500 STEEL SIGN SUPPORT (2.25 x 2.25 INCH SQUARE) EA 2 $ 30.00 $ 60.00 $ 330.00 $ 660.00 102 627-00005 EPDXY PAVEMENT MARKING GAL 5 $ 200.00 $ 900.00 $ 236.00 $ 1,062.00 103 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (STOP BAR & RR BARS) SF 78 $ 15.00 $ 1,170.00 $ 32.00 $ 2,496.00 104 627-01010 PREFORMED PLASTIC PAVEMENT MARKING (TYPE I) (INLAID) (RAILROAD XING) SF 69 $ 15.00 $ 1,035.00 $ 48.00 $ 3,312.00 Subtotal $ 119,559.00 $ 88,785.50 FORCE ACCOUNT ITEMS 105 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 106 700-00012 F/A ASPHALT PAVEMENT INCENTIVE FA 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 107 700-00016 F/A FUEL COST ADJUSTMENT FA 1 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 108 700-00018 F/A ROADWAY SMOOTHNESS INCENTIVE FA 1 $ 18,000.00 $ 18,000.00 $ 18,000.00 $ 18,000.00 109 700-70038 F/A DEWATERING FA 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 110 700-70380 F/A EROSION CONTROL FA 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 Subtotal $ 475,500.00 $ 475,500.00 TOTAL' $ 5,354,682.95 $ 5,368,771.65 From Bidder's Bid $ 5,368,771.65 No math errors WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturfc weldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: NOVEMBER 29, 2021 REQUEST FOR: WCR 80 & WCR 37 INTERSECTION PROJECT DEPARTMENT: PUBLIC WORKS BID NO: B2100137 PRESENT DATE: DECEMBER 6, 2021 APPROVAL DATE: DECEMBER 20, 2021 VENDOR STRUCTURES INC 4 INVERNESS CT EAST #250 ENGLEWOOD CO 80112 Engineer's Estimate: $5,484,000.00 OPTION 1 - HMA MILL AND OVERLAY THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BID. TOTAL TOTAL W/O OPT 1 WITH OPT 1 $5,279,986.15 $5,368.771.65 2021-3300 l U ()Le 6-( ool,c1 Hello