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Home My WebLink About20203235.tiffCon+akci- i s H i a S Co MEMORANDUM Date: November 20, 2020 To: Esther Gesick, CTB From: Hayley Balzano, Engineer I RE: Contract for B2000187 Hokestra Pedestrian Trail Construction Attached is one original contract. Please place the attached agreement on the BOCC Consent Agenda. Please return a copy of the agreement to me so I can forward to the contractor. The BOCC approved the award of this contract to Jag's Enterprises, Inc. on November 16, 2020. The contractor has signed the agreement and has provided a performance bond, labor and materials bond, and a certificate of insurance listing Weld County, its elected officials and its employees as additional insured parties. The OnBase Contract ID is #4256. It is requested that the BOCC sign this contract so that the construction of the trail can begin. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 3nsten Acryur24. tt/3oto ii/zO/9° 90Q0 -533S WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & JAG'S ENTERPRISES, INC. HOKESTRA PEDESTRIAN TRAIL AND BRIDGE THIS AGREEMENT is made and entered into this,?7O day of Az•ve nbi-c- , 2020, 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, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Jag's Enterprises, Inc., who whose address is 7521 W 28th Street, Greeley, CO 80634, hereinafter referred to as "Contractor". WHEREAS, it is necessary to construct a pedestrian bridge and realign a portion of the Hokestra Pedestrian to ensure resiliency of the trail system and safety of public users (hereinafter referred to as the "Project"), and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; 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 A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000187". 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 Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. 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 Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 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. Page 1of11 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. 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, 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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 a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement 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 no greater than $386,788.50„ which is the bid set forth in Exhibit B. Contractor 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 Page 2 of 11 of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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. 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. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 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 Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. 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 Page 3 of 11 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 and workmanlike manner, consistent with industry standards, and that all construction 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 one-year 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. 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 and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written Page 4 of 11 notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. 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 construction 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. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract 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, 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, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contractor's Contract Professional's employees acting within the course and scope of their employment. 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. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Page 5 of 11 Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be 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 one person Automobile Liability: Contractor/Contract Professional 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. Contractors Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $1,000,000 $1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus 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. a. 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. Page 6 of 11 b. 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 has insurable interest in the property to be covered, whichever is later. c. 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. d. 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. e. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. Additional Provisions: Polices for all general liability, excess/umbrella liability, liquor liability, and pollution liability shall provide the following: a. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify Weld County within ten (10) days and reinstate the aggregates required; b. Unlimited defense costs above policy limits; c. Contractual liability covering the indemnification provisions of this Agreement; d. A severability of interest provision; e. Waiver of exclusion for lawsuits by one insured against another; f. A provision that coverage is primary; and g. A provision that coverage is non-contributory with other coverage or self-insurance provided by Weld County. For all general liability, excess/umbrella liability, liquor liability, pollution 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. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Page 7 of 11 Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. 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. 16. 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. 17. 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, and 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance 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 d. transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Address: Address: E-mail: Facsimile: County: Name: Position: Page 8 of 11 Jag's Enterprises, Inc. Attn.: Bob Beets 7951 W 28th Street Greeley, CO 80634 jags7@jagsent.com 970-506-0579 Hayley Balzano Engineer I Name: Clay Kimmi, P.E. Position: Senior Engineer Address: Address: E-mail: Facsimile: P.O. Box 758 1111 H Street, Greeley, CO. 80632-758 hbalzano@weldgov.com (970) 304-6497 Address: Address: E-mail: Facsimile: P.O. Box 758 1111 H Street, Greeley, CO. 80632-758 ckimmi@weldgov.com (970) 304-6497 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. 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. 24. 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. 25. 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. Page 9 of 11 26. 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. 27. 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. 28. 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 (20) 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. 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 Page 10 of 11 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. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "2019 Standard Specifications for Road and Bridge Construction" (Specifications), the Weld County Revisions to the Specifications, and the Colorado Department of Transportation 2019 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. 30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 31. 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. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this _ 30 +h day of tabgennbe c , 2020. CONTRACTOR: lQ 5 L.4i\Ae,g'rises , ,c, By: (--;,'AC\ Name: Title: \/, WELD COUNTY: ATTEST: Weld BY: Page 11 of 11 Date: r 1119110 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair NOV 3 0 2020 8,323 BID REQUEST NO. B2000187 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR HOKESTRA PEDESTRIAN TRAIL AND BRIDGE OCTOBER 7, 2020 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO # B2000187 Page 1 TABLE OF CONTENTS The following forms and provisions take precedence over plan drawings and supplement the 2019 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 3 Instructions to Bidders 4-13 Bid Proposal 14 *Bid Schedule .15-16 *Bid Bond 19 *IRS Form W-9 21 *Statement of Qualifications and Subcontractors 22 *Anti -Collusion Affidavit 26 *Title 49, CFR, Part 29 Debarment and Suspension Certification 27 * Certification of Compliance with Equal Opportunity Clause Requirements 28 WELD COUNTY CONTRACT FORMS: **Low Bidder must submit these forms to Weld County by 4:30 PM on the fifth day following the bid opening. **Contractor's Performance Capability Statement 29 **Assignment of Antitrust Claims 30 ***Low Bidder must submit these forms prior to Notice to Procced. ***Notice of Award 31 ***Agreement 32-42 ***Performance Bond 43-44 ***Labor and Materials Payment Bond 45-46 Notice to Proceed 47 Change Order 48 Certificate of Substantial Completion 49 Lien Waiver (General Contractor) 50 Final Lien Waiver (Subcontractors) 51 Notice of Acceptance 52 WELD COUNTY PROJECT SPECIAL PROVISIONS: Project Special Provisions Index 53 Project Special Provisions 54-147 CDOT STANDARD SPECIAL PROVISIONS Standard Special Provisions Index 148 Recently Revised Standard Special Provisions 149 APPENDICES Appendix A: Geotechnical Engineering Report 150 Appendix B: Army Corps of Engineers Permit 190 Appendix C: Flood Hazard Development Permit 218 ADDITIONAL DOCUMENTS: Construction Plan Set Separate Document BID NO # B2000187 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: OCTOBER 7, 2020 BID NUMBER: B2000187 DESCRIPTION: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE MANDATORY PRE -BID CONFERENCE DATE: OCTOBER 20, 2020 AT 10:00 AM QUESTION DEADLINE DATE: OCTOBER 26, 2020 AT 7:00 A.M. BID OPENING DATE: OCTOBER 28, 2020 AT 10:00 A.M. (PURCHASING CLOCK) NOTE: DUE TO THE CORONAVIRUS PANDEMIC THE MANDATORY PRE -BID MEETING WILL BE HELD VIA A SKYPE CONFERENCE CALL. PHONE NUMBER: (720)439-5261 CONFERENCE ID: 787426215# 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: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE The project in general consists of the construction of abutments, placement of a pedestrian bridge and construction of approximately 720 feet of pedestrian trail. The project includes but is not limited to the following work items: construction surveying, erosion control, removal of concrete trail, excavation, embankment, topsoil, riprap installation, trail construction, abutment construction, bridge placement, and traffic control (signs and barricades). A mandatory pre -bid conference will be held at 10:00 a.m., on Tuesday, October 20, 2020, via Skype. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received up until: Wednesday, October 28, 2020, 10:00 a.m. (Weld County Purchasing Time Clock). NOTE: DUE TO THE CORONAVIRUS PANDEMIC THE BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL. PHONE NUMBER: (720)439-5261 CONFERENCE ID: 18802377# PAGES 1 -13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES 1 -13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 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 pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. BID NO # B2000187 Page 3 Weld County Government is a member of BidNet Direct. Bid information can be found on the BidNet Direct website at www.bidnetdirect.com. BidNet is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County Emailed bids are required. Bids may be emailed to: 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 shall be less than 25MB in size. For PDF bids larger than 25MB, the bids shall be uploaded to BidNet Direct. Please call Purchasing at 970-336-7225 if you have 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 them with their 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: • Request for Bid • Contractor's Response to the Bid • All Addendums • All Appendices • All Exhibits BID NO # B2000187 Page 4 • 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: Unless otherwise specified, lists contained in the Contract Documents shall not be deemed all-inclusive. 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. The Bidder shall carefully correlate their observations with requirements of the Contract Documents and Drawings and otherwise satisfy themselves of the expense and difficulties attending performance of the Work. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of the Contract Documents, the Contract Documents shall not be construed against the Person that prepared them. 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 Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. Their title must appear under their signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic BID NO # B2000187 Page 5 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 officers, 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 within ten (10) calendar days of the Notice of Award. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. 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 their 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 their Bid such sums as they 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 themselves of the following: BID NO # B2000187 Page 6 • 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 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 Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and Other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If BID NO # B2000187 Page 7 necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The Bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. They shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. BID NO # B2000187 Page 8 H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. 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. Procurement and Performance: The successful bidder 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 project. The successful bidder 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. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid 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 execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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 the successful bidder shall be the basis for additional compensation unless and until the successful bidder 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, the successful bidder'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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder 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 the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such BID NO # B2000187 Page 9 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 and workmanlike manner, consistent with industry standards, and that all construction 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 one-year 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 final acceptance of the Project. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder 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. 6624-18-201 et seq. and 624-50-507: 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. 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. 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. BID NO # B2000187 Page 10 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. 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating, "Should any of the above -described policies be canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested." Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder/Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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, or on account of or in consequence of neglect of the successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder 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 successful bidder 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 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID NO # B2000187 Page 11 Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be 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 one person Automobile Liability: Successful bidder/Contract Professional 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. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County, Colorado, its officers, and its employees as additionally insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. BID NO # B2000187 Page 12 Subcontractors: All subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. Builders' Risk Insurance or Installation Floater— Completed Value Basis (Required) Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus 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. (a) 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. (b) 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 has insurable interest in the property to be covered, whichever is later. (c) 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. (d) 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. (e) 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. (f) 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). (g) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. BID NO # B2000187 Page 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: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax, if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO # B2000187 Page 14 ITEM NUMBER CONTRACT ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE 201-00001 CLEARING AND GRUBBING AC 2.4 202-00010 REMOVAL OF TREE EA 1 202-00200 REMOVAL OF CONCRETE TRAIL SY 329 203-00000 UNCLASSIFIED EXCAVATION (TRAIL) CY 462 203-00050 UNSUITABLE MATERIAL CY 100 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 175 203-01100 PROOF ROLLING HR 15 203-01500 BLADING HR 20 203-01597 POTHOLING HR 20 203-02330 LABORER HR 40 206-00000 STRUCTURE EXCAVATION (BRIDGE) CY 240 206-00065 STRUCTURE BACKFILL (FLOWFILL)(COUNTY MIX) CY 51 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 21 207-00205 REDISTRIBUTE TOPSOIL CY 1285 207-00210 STOCKPILE TOPSOIL CY 1285 207-00305 WETLAND TOPSOIL CY 10 207-00310 STOCKPILE WETLAND TOPSOIL CY 10 208-00002 EROSION LOG (TYPE 1) (12 INCH)(10 FOOT) LF 140 208-00020 SILT FENCE LF 2611 208-00045 CONCRETE WASHOUT STRUCTURE EA 1 208-00107 REMOVAL OF TRASH HR 30 208-00207 EROSION CONTROL MANAGEMENT DAY 47 212-00028 SEEDING (WETLANDS) AC 0.02 212-00706 SEEDING (NATIVE)(DRILL) AC 2.23 213-00002 MULCHING (WEED FREE STRAW) AC 2.25 216-00303 TURF REINFORCEMENT MAT (CLASS 3) SY 76 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 141 503-00024 DRILLED SHAFT (24 INCH) LF 120 506-00412 BURIED/SOIL RIPRAP (12 INCH) CY 137.4 601-01040 CONCRETE CLASS B (BRIDGE DECK) CY 23 BID NO # B2000187 Page 15 ITEM NUMBER CONTRACT ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE 601-03000 CONCRETE CLASS D (ABUTMENTS) CY 28 602-00020 REINFORCING STEEL (EPDXY COATED) LB 5800 607-11525 FENCE (PLASTIC) LF 200 607-11530 FENCE (SPECIAL)(SAFETY RAILING) LF 53 608-00026 CONCRETE BIKEWAY (6 INCH) SY 800 614-00011 SIGN PANEL (CLASS I) SF 4.5 614-00035 SIGN PANEL (SPECIAL) SF 17 614-00218 STEEL SIGN POST (2.25 x 2.25 INCH TUBING) LF 30 614-01577 STEEL SIGN SLIPBASE (2.25 x 2.25 SQUARE) EA 5 620-00002 FIELD OFFICE (CLASS 2) EA 1 620-00020 SANITARY FACILITY EA 2 625-00000 CONSTRUCTION SURVEYING LS 1 626-00000 MOBILIZATION LS 1 628-00080 PEDESTRIAN BRIDGE (INSTALL) EA 1 630-80336 BARRICADE (TYPE 3 M -B) (TEMPORARY) EA 2 630-80342 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE B) EA 2 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $50,000 $50,000.00 700-70380 F/A EROSION CONTROL FA 1 $15,000 $15,000.00 Total Bid Price ($): BID NO # B2000187 Page 16 Amounts are to be shown in figures. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of County's written acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the AGREEMENT. The bid security attached is to become the property of the County in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the County caused thereby. 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: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or 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 bid proposed herein meets all the conditions, specifications and special provisions set forth in the request for bid for Request No. B2000187. 8. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 9. 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), 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. BID NO # B2000187 Page 17 FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL 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 - 14. BID NO # B2000187 Page 18 BID BOND PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2020 for the HOKESTRA PEDESTRIAN BRIDGE AND TRAIL as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid 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. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2020 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 Address By: ATTEST: By: Surety Address ATTEST: By: BID NO # B2000187 Page 19 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B2000187 Page 20 Form W-9 (Rev. August 2013) Department 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 you income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions) I► Trust/estate I• Exemptions Exempt payee Exemption code (it 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, sole 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. If the 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 U.S. person Date ► 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, acqusition 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. If 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 code(s) 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 it it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or rider the laws of the Urited States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the 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. 10231 X Form W-9 (Rev. 8-2013) *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. 9. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2000187 Page 22 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: Project Name: BID NO # B2000187 Page 23 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. 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. BID NO # B2000187 Page 24 Dated this day of 2020. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ss. State of being duly sworn, deposes and says that he/she is (Name) Of , and that the answers to (Title) (Company Name) the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this (SEAL) day of , 2020. BID NO # B2000187 Page 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT f7O 01. I hereby attest that I am the person responsible within my ftrm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that I. The prices) and amount of this bid have been arrived at independently, without consultation, communication or agreement tor the purpose or With the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the prices) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project. and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person Who Is a bidder or potential prime bidder on this project have been disclosed to me or my firm. SA. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to retrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitNe or other form of complementary bid on this project, 4. The bid of my firm is made In good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any flan or person to submit any Intentionally high, noncom- petitive or other form of complementary bid, 6. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether In connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My fim has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. r nmimIrTs um nrnnm yr + dY UtlIt 2nd rtn,vv+,rs cm, r t _ mommy 11.;m, tlr 12a171 verFI(L'. ) of ,,. title Sworn to before me this day of, 20 Horsey FAYQ MY 0,IY$I*f6$i,n,,,WI$. NOTE: This document must be signed in ink. COOT Form 1Wf 1/02 BID NO # 82000187 Page 26 *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 BID NO # B2000187 Page 27 *CERTIFICATION OF COMPLIANCE WITH EQUAL OPPORTUNITY CLAUSE REQUIREMENTS (To be signed by authorized signatories of Proposer and each Major Participant (except as excluded below)) The Proposer certifies that (1) [it/he/she] has has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) [it/he/she] has has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, [it/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: , 2020 Proposer/Subcontractor Name: Signature: Title: Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by Proposers and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. [Duplicate and modify this form as necessary for use by Proposer and each Subcontractor described above.] BID NO # B2000187 Page 28 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABIUTY STATEMENT Project # 1. List names of partnerships or joint ventures ri none 2. List decreases in the contractors fiscal or workmanship qualifications oompered to the last prequalification statement submitted to CDOT. (Attach additional sheets If necessary.) a, Key personnel changes j 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 [l 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 Arm or company name BY Date The 2nd Contractor's flan or company name (If Joint venture) l By Date Title COO arm BID NO # B2000187 Page 29 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS CttC� J l.'i fqs Contractor and Colorado Department of Transportation (COOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder. 1 Contractor hereby irrevocably assigns to CDOT 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 servir.pc purchased or acquired by COOT 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 COOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) COOT 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 COOT; b. To take no action which will in anyway diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and c. Promptly to pay over to COOT 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 COOT 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 CDOT (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 connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions 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 COOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) Contractor and COOT 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 COOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and d. Promptly pay over to COOT 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 CDOT 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. coovsc,00 FOR Or :,,ma rtr• .'M a ,rRroctots Mn if re'npanvnamf IIt lr it v�+ll'ilt3 } 6v CAI? LOOT fan,1621 6191 BID NO # B2000187 Page 30 NOTICE OF AWARD To: Project Description: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE The project in general consists of the construction of abutments, placement of a pedestrian bridge, and construction of approximately 720 feet of pedestrian trail. The project includes but is not limited to the following work items: construction surveying, erosion control, removal of a portion of concrete trail, excavation, embankment, topsoil, riprap installation, trail construction, abutment construction, bridge placement, and temporary traffic control (signs and barricades). 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 , 2020 Weld County, Colorado, Owner By: Hayley Balzano, Engineer I ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2020 By: Title: BID NO # B2000187 Page 31 WEL } COUNTY AGREEMEN BETWEEN WE (SAMPD.E) FOR CONSTRUCTI N SERVICES 3COUNTY & HOKES RA PE ESTR0AN TRAIL AND THIS AGREEMENT is made and entered into this day of , 2020, 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, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a , who whose address is , hereinafter referred to as "Contractor". corporation] WH E EAS, it is necessary to construct a pedestrian bridge and realign a portion of the Hokestra Pedestrian to ensure resiliency of the trail system and safety of public users (hereinafter referred to as the `Project"), and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHERE _ ,AS, 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 A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000187". 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. Servic r VI/irk. 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 Project described in i _ xhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. 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 Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 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. • BID NO # B2000187 Page 32 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in C xfbots A and B. Both 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Trm na.cion. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. 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, 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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. ExttensO.n or Mocdoicatu®n. 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 a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compersatuon/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 no greater than , which is the bid set forth in Exh Oboe B. Contractor 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. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this t/ - r • - n.... .• .. .. l .. BID NO # B2000187 Page 33 Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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. 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. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 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 Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. 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. BID NO # B2000187 Page 34 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 and workmanlike manner, consistent with industry standards, and that all construction 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 one-year 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. 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 and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. BID NO # B2000187 Page 35 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 construction 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. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract 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, 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, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contractor's Contract Professional's employees acting within the course and scope of their employment. 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. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be 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 one person BID NO # B2000187 Page 36 Automobile Liability: Contractor/Contract Professional 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. Contractors Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $1,000,000 Aggregate $1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus 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. a. 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. b. 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 has insurable interest in the property to be covered, whichever is later. c. 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. d. 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. e. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. Additional Provisions: Polices for all general liability, excess/umbrella liability, liquor liability, and pollution liability shall provide the following: a. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify Weld County within ten (10) days and reinstate the aggregates required; b. Unlimited defense costs above policy limits; c. Contractual liability covering the indemnification provisions of this Agreement; BID NO # B2000187 Page 37 d. A severability of interest provision; e. Waiver of exclusion for lawsuits by one insured against another; f. A provision that coverage is primary; and g. A provision that coverage is non-contributory with other coverage or self-insurance provided by Weld County. For all general liability, excess/umbrella liability, liquor liability, pollution 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. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. 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. 16. 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. 17. 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, and 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. The County Representative for BID NO # B2000187 Page 38 purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance 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 d. transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: Hayley Balzano Engineer I P.O. Box 758 1111 H Street, Greeley, CO. 80632-758 hbalzano@weldgov.com (970) 304-6497 Name: Position: Address: Address: E-mail: Facsimile: Clay Kimmi, P.E. Senior Engineer P.O. Box 758 1111 H Street, Greeley, CO. 80632-758 ckimmi@weldgov.com (970) 304-6497 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any BID NO # B2000187 Page 39 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 (20) 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. BID NO # B2000187 Page 40 §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. 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. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "2019 Standard Specifications for Road and Bridge Construction" (Specifications), the Weld County Revisions to the Specifications, and the Colorado Department of Transportation 2019 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. 30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 31. 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. 32. 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. BID NO # B2000187 Page 41 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 , 2020. CONTRACTOR: By: Date: Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair BID NO # 82000187 Page 42 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE 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 P.O. Box 758, 1111 H Street Greeley, Colorado 80632 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 , 2020, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187. 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. BID NO # B2000187 Page 43 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE 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 , 2020. Contractor By (Contractor) Secretary (SEAL) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By 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. BID NO # B2000187 Page 44 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE 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 P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 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 , 2020, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187. 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. BID NO # B2000187 Page 45 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE 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 , 2020. 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. BID NO # B2000187 Page 46 NOTICE TO PROCEED To: Date: PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. 62000187. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is, therefore, March 31, 2021. By Hayley Balzano, Engineer I Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2020. By Title BID NO # B2000187 Page 47 CHANGE ORDER NO. (EXAMPLE) Date: PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187 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: Hayley Balzano (Engineer I) 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 BID NO # B2000187 Page 48 CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor: Contract For: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187 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: BID NO # B2000187 Page 49 LIEN WAIVER (GENERAL CONTRACTOR) TO: Weld County Public Works Attn: Hayley Balzano, Engineer I 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: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187 Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2021. by My commission expires: Notary Public BID NO # B2000187 Page 50 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE 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 Weld, State of Colorado of which Weld County 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. BID NO # B2000187 Page 51 NOTICE OF FINAL ACCEPTANCE TO: Date: RE: PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE described in the Invitation for Bids, Bid No. B2000187 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: Hayley Balzano, Engineer I 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. BID NO # B2000187 Page 52 PROJECT SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2019 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) that modify the CDOT 2019 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 and plans. PROJECT SPECIAL PROVISIONS INDEX Date Pages Notice to Bidders (September 2020) 54 Commencement and Completion of Work (September 2020) 55 Revision of Section 101 — Definition of Terms (September 2020) 56 Revision of Section 102 — Bidding Requirements and Conditions (September 2020) 57 Revision of Section 103 — Consideration of Proposals (September 2020) 58 Revision of Section 104 - Scope of Work (September 2020) 59-60 Revision of Section 105 — Control of Work (September 2020) 61-64 Revision of Section 107 — Legal Relations and Responsibility to Public (September 2020) 65-67 Revision of Section 108 — Prosecution and Progress (September 2020) 68-69 Revision of Section 109 — Measurement and Payment (September 2020) 70-72 Revision of Section 201 — Clearing and Grubbing (September 2020) 73 Revision of Section 202 — Removal and Trimming of Trees (September 2020) 74 Revision of Section 203 — Excavation and Embankment (September 2020) 75-76 Revision of Section 206 — Excavation and Backfilling for Structures (September 2020) 77 Revision of Section 207 — Topsoil (September 2020) 78-79 Revision of Section 208 — Erosion Control (September 2020) 80-105 Revision of Section 209 — Watering and Dust Palliatives (September 2020) 106 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner and Sodding (September 2020) 107-110 Revision of Section 213 — Mulching (September 2020) 111 Revision of Section 216 — Soil Retention Covering (September 2020) 112-113 Revision of Sections 604 & 703 — Aggregate Base Course (September 2020) 114-115 Revision of Sections 420 & 712 — Geosynthetics (September 2020) 116-118 Revision of Section 506 — Buried/Soil Riprap (September 2020) 119-120 Revision of Section 601 -Structural Concrete (September 2020) 121-134 Revision of Section 608 - Sidewalks and Bikeways (September 2020) 135 Revision of Section 614 — Traffic Control Devices (Ground Sign Post) (September 2020) 136 Revision of Section 620 — Field Facilities (Field Office — Class 2) (September 2020) 137-139 Revision of Section 625 — Construction Surveying (September 2020) 140 Revision of Section 626 — Mobilization (September 2020) 141 Revision of Section 628 — Pedestrian Bridge (September 2020) 142-144 Force Account Items (September 2020) 145 Utilities Coordination (September 2020) 146 404 Permit (September 2020) 147 BID NO # B2000187 Page 53 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 12 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. Hayley Balzano, Engineer I Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3738 ckimmitc7i.weldoov.com Clay Kimmi, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 ddunkerc 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 conference call will be held on October 20, 2020 beginning at 10 a.m. The conference call shall be via Skype. PHONE NUMBER: (720)439-5261 CONFERENCE ID: 787426215# Bids will be accepted only from pre -qualified 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, http://www.bidnetdirect.com, as they become available. 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 web site. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be posted on the web site. 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 BID NO # B2000187 Page 54 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 March 31, 2021 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 2. Coordinated delivery and unloading of pedestrian bridge 3. Erosion Control Installations 4. Clearing and Grubbing 5. Earthwork (Excavation and Embankment) 6. Removals 7. Abutment Construction 8. Riprap Installation 9. Pedestrian bridge placement 10. Trail Construction 11. Permanent Erosion Control Installations Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule and shall be updated weekly. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. END OF SECTION BID NO # B2000187 Page 55 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 2019. Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. 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 101.09 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.36: Holidays recognized by Weld County are: New Year's Day Washington/Lincoln Day Memorial Day *Independence Day Labor Day Veterans Day Thanksgiving (includes an extra day to replace Martin Luther King Day) Christmas (includes an extra day to replace Columbus Day) *New Year's Eve (to replace Colorado Day) *Verify with the project manager which days are considered the extra days. When a holiday falls on a Sunday, the following Monday shall be considered a holiday. When a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.48: "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. Subsection 101.51 Department. Subsection 101.58: representative. "Project Engineer" shall mean an employee designated as such by the Weld County Public Works "Region Transportation Director" shall mean Weld County Public Works Director or designated Subsection 101.65: "Roadway Prism" shall be defined as the prism of embankment extending from toe of embankment slope to the opposite toe of embankment slope. Subsection 101.76: "State" shall mean Weld County. Subsection 101.96: "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, may be placed on the punch list. All references to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. END OF SECTION BID NO # B2000187 Page 56 1 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.02 shall be revised as follows: In the first paragraph, delete "The Department will publish bidding opportunities to prospective bidders on the CDOT Business Center website." and replace with "The Department will publish bidding opportunities to prospective bidders on the BidNet Direct website at www.bidnetdirect.com. Delete the second paragraph and replace with: "All bidders on the projects shall submit bids by the following method: Did Delivery to Weld Countx: 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 shall be less than 25MB in size. For PDF bids larger than 25MB, the bids shall be uploaded to BidNet Direct. Please call Purchasing at 970-336-7225 if you have any questions. 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 SECTION BID NO # B2000187 Page 57 1 REVISION OF SECTION 103 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 low 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 BID NO # B2000187 Page 58 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: 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 the condition could not reasonably be worked around 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 professional setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notifications, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Subsection 104.02(c) shall be revised as follows: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, and (2) When a major item of work is increased in excess of 150 percent or decreased below 25 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Delete Subsection 104.05 and replace with the following: BID NO # 82000187 Page 59 2 REVISION OF SECTION 104 SCOPE OF WORK 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. 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. 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 channel. Subsection 104.07 paragraph 5, starting with "Net cost savings..." shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to the start of construction activities relating to the VECP. Subsection 104.07(d)(2) shall be deleted and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's 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. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID NO # B2000187 Page 60 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. Delete Subsection 105.03, paragraph 7 and replace with the following: Materials will be sampled and tested by the Contractor in accordance with the sampling and testing schedules and procedures contained in the Contract Documents. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant Material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. BID NO # B2000187 Page 61 2 REVISION OF SECTION 105 CONTROL OF WORK 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: Table 105-5, "V" Factors and Incentive Payments — Flexural Strength Criteria shall be revised as follows: The Lower Tolerance Limit, TL shall be 650 psi. 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(e) shall be revised as follows: Delete paragraph 1 and replace with the following: The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in items 1-3 below. The Contractor shall provide a detailed method statement describing the corrective actions to be taken for the corrective work. Corrective work shall not be performed until the method statement has been approved in writing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the Department based on the SA testing. Subsection 105.07(e)(3), paragraph 5 shall be revised as follows: Delete 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. Subsection 105.09 shall be revised as follows: Delete subsection 105.09 and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: BID NO # B2000187 Page 62 3 REVISION OF SECTION 105 CONTROL OF WORK (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 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. 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 after the first paragraph: Failure to provide a competent superintendent with the authorization to act for the Contractor on the project shall result in a payment deduction as outlined in the Weld County Revision to Section 108.09, Liquidated Damages Table. 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. 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 with 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. Delete the fifth paragraph and replace with the following: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the Weld County Court. BID NO # B2000187 Page 63 4 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.24(c) is amended as follows: Delete: CDOT Audit Unit Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632 Delete Subsection 105.24(f) and replace with the following: If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or non- binding arbitration to finally resolve the claim that the Contractor submitted to Weld County. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for Weld County, unless both parties agree to the use of arbitration. If the Contractor selected non -binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of ARBITRATION PROVIDER'S Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Weld County District Court with regard to quantum only. END OF SECTION BID NO # B2000187 Page 64 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 health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. 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 structure construction or repair (2) Temporary works: falsework or shoring that exceeds 5 feet in height (3) Work requiring the use of cranes or other heavy lifting equipment to set the bridge or piling, or to make overhead repairs. (4) Excavation and embankment adjacent to the concrete pathway, especially if it requires shoring (5) Work operations such as pile driving and jack hammering which may create vibration and cause debris to fall. (6) Caissons and/or directional boring in high density utility corridor. (7) Work over or adjacent to river, stream, or other protected water way. The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. 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. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. 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) Additional actions that will be taken to ensure that the work will be performed safely. (6) 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 (7) 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 (8) The construction plan shall address how the Contractor will handle contingencies such as: a. Unplanned events (storms, etc.) b. Structural elements that don't fit or line up c. Replacement of workers who don't perform the work safely d. Equipment failure BID NO # B2000187 Page 65 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC e. Other potential difficulties inherent in the type of work being performed (9) Erection plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. A safety critical element conference shall be held 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. 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. The Contractor's Engineer shall sign and 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 Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which he 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. Should an unplanned event occur or the safety critical operation deviate 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: If the project has State 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. If 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. 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. BID NO # B2000187 Page 66 3 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Subsection 107.17 — Delete the fifth paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. The property outside of the Temporary Construction Easement is not owned by Weld County. Permission may be required for equipment to access the construction area. 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(b)(6), paragraph two shall be deleted and replaced with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted for approval. If the area of disturbance for the project is less than one acre, Subsection 107.25 (c) shall be deleted and replaced with the following: 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. The Contractor shall provide an Erosion Control Supervisor (ECS) for this project. END OF SECTION BID NO # B2000187 Page 67 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete the sixth paragraph of Subsection 108.01. Delete Subsection 108.02 and replace with the following: The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice to Proceed will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 10th day following the issuance of the Notice to Procced. Subsection 108.03(b) shall include the following after the first paragraph: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule -is accepted in writing, unless otherwise approved by the Engineer. Subsection 108.03 shall include the following after 108.03(i): (j) Method Statements. A Method Statement shall be prepared for the controlling activities in the CPM, salient features listed in the Commencement and Completion of Work special provision, or as directed by the Engineer. The Method Statement shall include any additional activity or feature that the Engineer considers to be a controlling factor for timely completion. The Method Statement shall be a detailed narrative describing each activity or feature and all work necessary to complete it. The Contractor shall include the following information in the Methods Statement: (1) Feature name; (2) Who is responsible 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 approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $400.00 for the first four hours (four hour minimum) and $100.00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work. BID NO # B2000187 Page 68 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. Delete subsection 108.08(a)(2), and replace with the following: Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts. Calendar Day Contracts have been adjusted prior to bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. 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 ($) Liquidated Damages per Calendar Day ($) From More Than To and Including 0 500, 000 `'800 5.00,000: 1,000,000. 1,600 1,000,000 2,000,000 2,300 2,000,000 5,000,000 4.,100 ": . .: 5,000,000 10,000,000 5,800 10,000,000 ; 7,000 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 END OF SECTION BID NO # B2000187 Page 69 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 these 48 hours, a price reduction on the material in question will occur as follows: less than 24 hours 25 - 48 hours 48 hours to 72 hours Greater than 72 hours 2% 5% 25% 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 to be retained ", and replace with the following: The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount. No retainage shall be released prior to Final Acceptance. Delete subsection 109.06(e) and replace with the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Local Public Agency (LPA). For the purpose of this section only, work shall be considered satisfactorily complete when the LPA has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor until the required payments have been made. The Engineer will continue to authorize progress payments for work performed by compliant subcontractors. BID NO # B2000187 Page 70 2 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT 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: (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. 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 LPA to withhold subsequent payments or retainage from the Contractor. 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 County to withhold subsequent payments or retainage to the Contractor. In Subsection 109.07 — Delete and replace with the following: BID NO # B2000187 Page 71 3 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT 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 BID NO # B2000187 Page 72 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. In an effort to minimize impacts to wetlands in the slough, vegetation in the slough shall not be cleared and grubbed excepted as shown on the plans. Disturbance in the delineated wetland area is covered under Nationwide Permit NOW -2020 -01458 -DEN. To prevent clearing and grubbing outside of the permitted area, orange plastic construction fence shall be placed at the disturbance limits. Should clearing and grubbing occur in the slough outside of areas shown on the plans, liquidated damages in the amount of $5,000 per incident will be assessed to the Contractor. 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, miscellaneous items, etc. Also included in this bid item is the removal of the following items: 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 that interferes with the work. 3. Sediment from existing pipes, and 4. Trees smaller than 3" DBH (diameter at breast height — approximately 4.5 feet above the ground). Trees and shrubs designated to be removed shall include the entire root ball and all roots larger than %" 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. END OF SECTION BID NO # B2000187 Page 73 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 or pruning 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 may be limited. Trees shall be felled at the risk of the Contractor. Part of this project is within a delineated wetland. 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 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. All brush, branches, limbs, and foliage shall become the property of the Contractor. Stumps shall be removed when within the areas to be excavated. Stumps outside the limits of excavation shall be cut so that no more than 3 inches remains above the ground surface. Subsection 202.12 shall include the following: Pay Item Removal of Tree Pay Unit 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 3 inches in diameter will not be paid for separately but shall be included in the work. All clearing and grubbing directed by the Engineer will be paid for as lump sum under the clearing and grubbing item. END OF SECTION BID NO # B2000187 Page 74 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 work limits 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 (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 work limits 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. The replacement material for areas of muck excavation shall meet the requirements of Embankment with a minimum R -value of 40, Asphalt Pavement Millings, Aggregate Base Course (Class 6), and/or Geotextile (Reinforcement). 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. 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 BID NO # B2000187 Page 75 2 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT In Subsection 203.06 delete the 4th paragraph and replace with the following: The cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 8 inches or as specified in the contract, the moisture content increased or decreased as necessary, and compacted to the specified embankment density for the material type present. In subsection 203.07 add the following: It is anticipated that the majority of soil excavated on this project will be placed within the roadway prism or hauled off - site. However, the Project Inspector has the authority to order that certain material be placed within the embankment side slopes. Unsuitable excavation materials produced from muck excavation and pipe installation shall not be used for embankment and shall be hauled off the jobsite. Topsoil which has been stripped and stockpiled shall be placed on the top of embankment slopes. In subsection 203.07(a), paragraph 2, add the following: A Sheepsfoot compactor shall not be used on A-1 material containing less than 30% retained on the 3/ -inch sieve. Based on the Western Alliance for Quality Transportation Construction (WAQTC) inspection guidelines, the appropriate equipment to use on granular soils such as an A-1 soil, a steel vibratory roller or pneumatic rubber -tired roller. Sheepsfoot rollers are appropriate for materials composed of cohesive soils and clay rich non -durable bedrock. In subsection 203.08 Proof -rolling, delete the third paragraph and replace with the following: The proof roller shall be operated in a systematic manner so that a record may be readily kept of the area tested and the working time required for the testing. Repair to the satisfaction of Engineer, areas that are observed to have soft spots in the subgrade or where deflection is not uniform or is deemed excessive as determined by the Engineer. The repair may involve muck excavation, geogrid reinforcement, replacement of excavated materials, or other methods as directed by the Engineer. After replacement and re -compaction, these areas may be proof rolled again if deemed necessary by the Engineer. The surface shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. After the subgrade has been stabilized, the Contractor shall perform proof rolling in accordance with subsection 203.08. Final proof rolling will take place a maximum of two days (48 hours) after all mechanical stabilization or unbound aggregate work has been completed, unless otherwise 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. The finished surface shall be smooth and uniform conforming to the typical sections. Variation from the stabilized subgrade plan elevations shall not exceed. 0.04 feet. All irregularities, depressions, or weak spots, which develop, shall be corrected at the Contractor's expense. The surface shall be maintained in a smooth condition, free from undulations and ruts until other work is placed thereon or the work is accepted. No separate payment will be made for areas of unsuitable material excavation, geogrid reinforcement, or replacement of excavated materials. Subsection 203.11 shall be revised to include the following: The 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. Subsection 203.12 shall be revised to include the following: Payment for Embankment Material (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 BID NO # B2000187 Page 76 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. Course aggregates when tested in accordance with ASTM-33 shall be a minimum of 1,000 pounds 5. Fine Aggregate when tested in accordance with ASTM-33 shall be a minimum of 2,000 pounds. 6. Air Entraining Agent (Sika Air) shall be a minimum of 1.0 ounces per cubic yard when measured in accordance with ASTM C260 7. Water shall be a minimum of 150 pounds 8. Flash fill shall not be used in lieu of Flow Fill unless approved by the Engineer. The Contractor shall submit a Structure Backfill (Flow -Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: 1. ASTM C321, Air Content 2. ASTM 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 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. Payment made under Structure Backfill (Flowfill) shall include the cost for polystyrene or cardboard void, geo-composite drain, 6 inch perforated pipe underdrain, 6 inch non -perforated underdrain outlet, and filter material (Class B). END OF SECTION BID NO # B2000187 Page 77 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall be revised to include the following: This work consists of removing existing on -site topsoil material, stockpiling the existing topsoil material and redistributing the existing topsoil material onto the re -graded slopes at a depth of four (4) inches minimum. 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(a) shall be added immediate after Section 207.02: The source of topsoil for this project is undesignated. Topsoil can be salvaged from the project site or it can be imported. Imported topsoil shall be approved by the County before use. The Contractor shall submit a 1 -pound sample of the product four (4) weeks before its use on the project site for the County's approval. A Certificate of Compliance verifying the organic matter content, pH and carbon matter to nitrogen ratio shall be provided to the County. Soil tests shall be method of Soil Analysis used at the Colorado State University Soil Testing Laboratory. Topsoil salvaged from the project site must be amended/conditioned to meet the requirements of this specification. The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well composted organic matter. Any organic amendments shall include the following: An organic product containing a mixture of well-rotted/composted cow or sheep manure and or composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not acceptable). Organic product that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period of time that is long enough to accomplish the following specifications: 1. The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2. Eradicate harmful pathogens including coliform bacteria. 3. Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 5. Contain no solid particle greater than 13 mm'/" in diameter. 6. Have a non -offensive smell like fresh turned soil. 7. 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). 8. The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9. Soluble salts shall not be greater than 3mmhos/cm. Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Labor Nitrogen 5 ppm Air Dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in saturation extract shall be less than 3 mmhos/cm. BID NO # B2000187 Page 78 2 REVISION OF SECTION 207 TOPSOIL Subsection 207.04 delete the last paragraph and replace with the following: Imported Topsoil and Topsoil salvaged from the work area that meets the requirements of Section 207 will be measured by the cubic yard. The volume of Topsoil will be determined by measuring the area in which the Topsoil is placed and multiplying the area by 0.33 feet. Subsection 207.04 shall be revised to include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately but shall be included in the work. Stockpile topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately but shall be included in the cost of the work. Topsoil will not be re -measured, but payment shall be based on the quantity identified in the bid tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved Change Order. 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. Subsection 207.05 shall be revised to include the following: Payment for Topsoil shall include imported Topsoil and Topsoil salvaged from the roadways and placed in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. Salvaged Topsoil shall meet the requirements of this specification. All materials and work required to amend salvaged Topsoil so that it meets the requirements of Section 207 shall be included in the unit price bid for Topsoil. All work required for Topsoil shall be included in the unit price bid. Payment will be made under: Pay Item Stockpile Topsoil Redistribute Topsoil (4" thick) Pay Unit Cubic Yard Cubic Yard END OF SECTION BID NO # B2000187 Page 79 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 208.01 This work consists of constructing, installing, maintaining, and removing when required, control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any State waters as defined in subsection 107.25, including wetlands. Stormwater runoff from all disturbed areas and soil storage areas for which permanent or interim stabilization is not implemented, must flow to at least one control measure to minimize sediment in the discharge. This shall be accomplished through filtering, settling, or straining. The control measure shall be selected, designed, installed, and adequately sized in accordance with good engineering, hydrologic, and pollution control practices. The control measures shall contain or filter flows in order to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction of temporary control measures with the construction of permanent control measures to assure economical, effective, and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin affecting completion of the action and pursue it to completion in a manner acceptable to the Engineer, and in accordance with the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) requirements. If immediate corrective actions cannot be taken, the Contractor shall immediately ask for a deferment by providing the information outlined in Section 208.09(c) for review by the Engineer. MATERIALS 208.02 Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion control materials shall be subject to the following approval process: Material Approval Process Notes: Erosion Bales (Weed Free) COC The Contractor shall provide a transit certificate number, or a copy of the transit certificate as supplied from the producer. Silt Fence COC Silt Berm APL, Erosion Log (Type 1, Type 2, and Type 3) COC Sikh Dikes ' COC Pre -fabricated Concrete Washout Structures (above ground) APL Pre -fabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type i, It, and III) APL COC = Certificate of Compliance; APL= Approved Product List The material for control measures shall conform to the following: BID NO # B2000187 Page 80 2 REVISION OF SECTION 208 EROSION CONTROL (a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected them. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the Colorado Department of Agriculture, Weed Free Forage Program, 305 Interlocken Pkwy, Broomfield, CO 80021. Contact the Weed Free Forage Coordinator at (303) 869-9038. Also available at www.colorado.gov/ag/csd. Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 2 inch by 2 inch nominal. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts shall be 1.5 inch width by 1.5 inch thickness actual dimensions with 1/8 inch tolerance. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles Property Wire Fence Supported Requirements Self -Supported Requirements Geotextile Elongation <50% Test Method Grab SI Permittivity sec -1 90 minimum 4 minitnu D4632 tra 0.05 Minimum 70% Strength Retained 0.05 urn 7 h Retai ASTM D4491 Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum length of 66 inches. Metal posts shall be "studded tee" with 0.095 inch minimum wall thickness. Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge with a maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties or nylon cable ties at 12 inches on center at top, middle and bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12 gauge wire ties per post. Vinyl or rubber safety caps shall be installed on all T -post. (c) Temporary Berms. Temporary berms shall be constructed out of embankment (subsoil) and not out of salvaged topsoil. Temporary berms shall be wheel compacted. Temporary berms shall be stabilized and seeded to prevent erosion of the berm. The cost of compacting, stabilizing, and seeding the temporary berms shall be incidental to the cost of the berms. (d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber, or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08. (e) Silt Berm. Silt berm shall consist of permeable multi -use material consisting of ultraviolet (UV) stabilized high - density polyethylene or other approved material effective in reducing water velocity. The designed and tested BID NO # B2000187 Page 81 3 REVISION OF SECTION 208 EROSION CONTROL system shall be installed on a Turf Reinforcement Mat or Soil Retention Blanket in accordance with Section 216. The segment shall be secured to the ground with either metal or wood stakes. Minimum requirements for securing stakes shall be in accordance with the plans. Dimensions of individual segments shall meet the following criteria: idth. 6a- s Height 6 - 10 inches fight .. x 0 - Percent Open Area 20 — 50% (f) (g) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. Sediment Trap. In constructing an excavated sediment trap, excavated soil may be used to construct the dam embankment, provided the soil meets the requirements of subsection 203.03. Outlet protection riprap shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall be a minimum Class 1, conforming to subsection 712.08. (h) Erosion Logs. Erosion logs shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2) Compost in accordance with subsection 212.02. The compost -wood chip blend may be pneumatically shot into a geotextile cylindrical casing or be pre -manufactured. The geotextile casing shall consist of HDPE or polypropylene mesh (knitted, not extruded) with openings of % to % inch and contain the compost -wood chip material while not limiting water infiltration. (3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, 100 percent natural fiber cylinder netting (compostable) and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log shown on the plans. Netting shall be a woven cotton or cellulose base mesh that has an approval to compost certification with a maximum mesh size of 0.075 inches and index values as shown in Table 208-2. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. Natural compostable fiber netting shall not contain any synthetic material woven into the netting such as polypropylene, nylon, polyethylene, or polyester dyes. Oxo-degradable or oxo-biodegradable petrochemical - based fiber shall not be part of the netting material. Burlap netting material shall not be used for Erosion Log (Type 3). Erosion Log (Type 1, Type 2, and Type 3) shall have minimum dimensions as shown in Table 208-1, based on the specified diameter of the log. Table 208-1 Dimensions of Erosion Logs Diameter Type 1 & 3 (Inches) Diameter Type 2 (Inches) Length (feet) Min. Max. Weight (minimum) (pounds/fo ot) Stake Dimensions (Inches) 12 12 10 180 2.5 thickness by % width by ° 8 to 1.5 thickness by 1.25 width by 24 Ion kness 1. 5 vt kt y' I Io BID NO # B2000187 Page 82 4 REVISION OF SECTION 208 EROSION CONTROL Wood stake acceptable tolerance +/- 1/8 inch. Table 208-2 Index Values for Natural Fiber Nettin Property Requirement Test Method abric Tensile Strength Biodegradable Mesh= Pattern >70 100% Rib ASTM D5988 Stakes to secure erosion logs shall consist of pinewood or hardwood. (i) a) Silt Dikes. Silt dikes shall be pre -manufactured flexible sediment barrier that will fully rebound when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend beyond the foam core a minimum of 8 inches on both sides. Table 208-3 Geotextile Requirements Property Requirement Test Method meter=Flow Mete . ` Grab Breaking Load ultraviolet Degrac ation ` 100-150 gallons per minute /square foot 200 lbs. minimum in each direction 70% of original unexposed grab breaking toad after 500 hours mil; 104491 ASTM D4632 ASTM D4595 Each silt dike segment shall have the following dimensions: Dimension Length Vertical height after installation >5 inches Geotextite°Sleeve segt .ttt it c°segments >8 inches Silt dike segments shall be anchored down using the minimum requirements shown in Table 208-4. Table 208-4 Silt Dike Segment Requirements Surface Nail Washers Soil Su fa Hard Surface ,4 inch deep trench with 6 inch �ct�ro�e tr'4 feet O.C. (on center) 1 inch concrete nails no more than 4 feet O.C. washers 1 inch washers and solvent -free adhesive Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5. (k) Pre -Fabricated Concrete Washout Structure. Pre -Fabricated Concrete Washout Structures shall be one of the following types unless otherwise shown on the plans: II BID NO # B2000187 Page 83 5 REVISION OF SECTION 208 EROSION CONTROL Table 208-5 Impermeable Synthetic Liner Requirements Tested Property Test Method Units Value Thickness Tear Strength Low Temperature Impact ASTM D5199 ASTM D1004 ASTM D1790 mil lbs °F >30 +1- 1.5 >8 Pass at -20 (1) Pre -Fabricated Concrete Washout Structure (Type 1). Type 1 portable bins shall be used only when specified in the Contract. It shall consist of a watertight multi -use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -concrete demolition. Minimum capacity including freeboard shall be 440 gallons. (2) Pre -Fabricated Concrete Washout Structure (Type 2). Type 2 portable bins shall be used only when specified in the Contract. It shall consist of a watertight one-time use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -concrete demolition. The structure shall have a system to secure to the ground. Minimum capacity including freeboard shall be 50 gallons. (3) The use of disposable plastic swimming pools shall not be allowed. (I) Vehicle Tracking Pad (VTP). Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least two fractured faces that meets the following gradation requirements: Sieve size 75 mm (3 inch) 50 mm (2 inch) 19.0 mm (' inch) Percent by weight Passing Square Mesh Sieves 100 0-25 0-15 Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08. Pre -Fabricated or manufactured vehicle tracking pads shall only be used if specified in the Contract. Multi -use pads shall consist of industrial grade materials and shall be designed to minimize sediment leaving the project. Minimum dimensions of the modular systems shall be: Width 12 feet length of pad To accommodate construction traffic turning radii between the tracking pad and a stabilized surface, additional flared sections of approved pads or aggregate in accordance with this specification shall be used at no additional cost to CDOT. Weight (min.) (lbs./sq. ft.) 8 Crush strength (min.) (psi) 400 BID NO # B2000187 Page 84 Diameter 6 REVISION OF SECTION 208 EROSION CONTROL If pads weigh less than 8 pounds per square foot, an anchoring system approved by the manufacturer shall be used for pads placed on soil and hard surfaces. A thin layer of stone, geotextile, or other stable surface may be required to stop rutting under the pad or area where the vehicles mount or dismount the manufactured trackout control device. (m) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: Diameter (inches) Weight (minimum) (pounds per foot) 8,' 10 10 2 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse Aggregate No. 6. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab" Tensile Strength 90 Ibs rr m . . A M t 632 Trapezoid Tear Strength 25 lbs. min. ASTM D4533 Mullen )Burst :" 300 Asa ° / S I © 86 Ultraviolet Resistance 70% ASTM D4355 (n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Type 11 e 4 in. 4 in. N/A ngth 7ft.; Apron Insert 30 in. or sized to grate 30 in or sized to grate II. be used with Inlet Type R, be used with Combination be used with Vane Gruen_ and B' are shown on Standard PI The Storm Drain Inlet Protection (Type I, II and III) shall consist of a woven geotextile fabric with the following properties: BID NO # B2000187 Page 85 7 REVISION OF SECTION 208 EROSION CONTROL Pr perty ':Test rod. nit Requirement Grab tensile strength ASTM D4632 lbs. minimum 150X200 Molt B rst Stre g r ? 786 . , y _ Ibs 400 Trapezoid Tear Strength ASTM D4533 lbs. minimum 60X60 Pe c nt n Water Flow Rate ASTM D4491 gal./min./sq. ft. ≥100 Ultraviol t Resist nce..,a TM 04355 Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for Coarse Aggregate No. 6. CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction, an on -site Environmental Pre -construction Conference shall be held. The Conference shall be attended by: (1) The Engineer. (2) The Superintendent. (3) The Contractor's Stormwater Management Plan (SWMP) Administrator. The SWMP Administrator is equivalent to the CDPS-SCP Qualified Stormwater Manager. (4) Supervisors or Foremen of subcontractors working on the project. At this Conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on -site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Prior to beginning construction, the Contractor shall evaluate the project site for storm water draining into or through the site. When such drainage is identified, control measures shall be used if possible, to divert stormwater from running on -site and becoming contaminated with sediment or other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and adequate control measures shall be employed. The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, control measures shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP site map. Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in subsection 208.03(b). When additional control measures are required and approved by the Engineer, the Contractor shall implement the additional control measures and the SWMP Administrator shall record and describe them on the SWMP site map. The approved control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. (a) Project Review. The Contractor shall submit modifications to the Contractor's control measures or SWMP in a written proposal to the Engineer. The written proposal shall include the following information: BID NO # B2000187 Page 86 8 REVISION OF SECTION 208 EROSION CONTROL (1) Reasons for changing the control measures. (2) Diagrams showing details and locations of all proposed changes. (3) List of appropriate pay items indicating new and revised quantities. (4) Schedules for accomplishing all erosion and sediment control work. (5) Effects on permits or certifications caused by the proposed changes. The Engineer will approve or reject the written proposal in writing within seven days after receipt of the submittal. The Engineer may require additional control measures prior to approving the proposed modifications. Additional modifications and additional control measures will be paid for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid for as extra work in accordance with subsection 109.04. (b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and grubbing, earthwork operations, and construction of temporary and permanent erosion control features and stabilization. The project schedule shall include erosion and sediment control work for haul roads, borrow pits, storage and asphalt or concrete batch sites, and all areas within the project limits. If during construction the Contractor proposes changes which would affect the Contract's control measures, the Contractor shall propose revised control measures to the Engineer for approval in writing. If necessary, the SWMP Administrator shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. (c) Erosion Control Management (ECM). Erosion Control Management for this project shall consist of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working knowledge and experience in construction and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the CDOT. The Superintendent will not be permitted to serve in an ECM role. The Erosion Control Inspector (ECI) and the SWMP Administrator may be the same person in projects with not more than 40 acres of disturbed area. The ECI and the SWMP Administrator are equivalent to the CDPS-SCP Qualified Stormwater Manager. 1. SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. The name of the SWMP Administrator shall be recorded on the SWMP Section 3.B. The SWMP Administrator shall have full responsibility to maintain and update the SWMP and identify to the Superintendent critical action items needed to conform to the CDPS-SCP as follows: (1) Complete the SWMP as described in subsection 208.03(d). (2) Participate in the Environmental Pre -construction Conference. (3) Attend weekly erosion and sediment control meetings. (4) Attend all water quality control inspections. (5) Coordinate with the Superintendent to implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (6) Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. (7) During construction, the SWMP site map shall be updated to reflect current field conditions and include, at a minimum, the following: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD), including areas of borrow and fill. (iii) Limits of Disturbance (LDA). (iv) Areas used for storage of construction materials, equipment, soils, or wastes. (v) Location of dedicated asphalt, concrete batch plants, and masonry mixing stations. (vi) Location of construction offices and staging areas. (vii) Location of work access routes during construction. (viii) Location of waste accumulation areas, including areas for liquid, concrete, masonry, and asphalt. Location of temporary, interim and permanent stabilization. (ix) Location of outfalls. BID NO # B2000187 Page 87 9 REVISION OF SECTION 208 EROSION CONTROL (x) Flow arrows that depict stormwater flow directions on -site and runoff direction. (xi) Location of structural and non-structural control measures. (xii) Location of springs, streams, wetlands, and other State waters, including areas that require pre- existing vegetation be maintained within 50 horizontal feet of a receiving water, unless infeasible. (xiii) Location of stream crossings located within the construction site boundary. (8) The SWMP shall reflect the field conditions and shall be amended to reflect control measures. (i) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised control measures; or (ii) Changes when the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. (iii) Changes when control measures are no longer necessary and are removed. (9) Complete vegetative survey transects when required in accordance with CDOT Erosion Control and Stormwater Quality Guide. (10) Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. (11) Document all inspection and maintenance activities. The SWMP and documentation shall be kept on the project site. (12) When adding or revising control measures in the SWMP, add a narrative explaining what, when, where, why, and how the control measure is being used, and add a detail to the SWMP. (i) How to install and inspect the control measure. (ii) Where to install the control measure. (iii) When to maintain the control measure. (13) If using existing topography, vegetation, etc. as a control measure, label it as such on the SWMP site map; add a narrative as to when, where, why, and how the control measure is being used. (14) Indicate control measures in use or not in use by recording them on Standard Plans M-208-1, M-216-1, and M-615-1 in the SWMP. (15) Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts. (16) Update the Potential Pollutants list in the SWMP and Spill Response Plan throughout construction. (17) Vegetative buffers shall not be used as a sole control measure. They shall only be used as the final stage of a treatment train. 2. Erosion Control Inspector. One ECI is required for every 40 acres of total disturbed area which is currently receiving temporary and interim stabilization measures as defined in subsection 208.04(e). An ECI shall not be responsible for more than 40 acres in the project. Accepted permanent stabilization methods as defined in subsection 208.04(e) will not be included in the 40 acres. (1) ECI duties shall be as follows: (i) Coordinate with the SWMP Administrator on reporting the results of inspections. How to install and inspect the control measure. (ii) Review the construction site for compliance with the Stormwater Construction Permit. (iii) Inspect with the Superintendent and the Engineer (or their designated representatives) the stormwater management system at least every seven days. Post -storm event inspections shall be conducted within 24 hours after the end of any precipitation or snow melt event that may cause surface erosion. If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to commencing construction activities, but no later than 72 hours following the storm event. The occurrence of delay in inspections shall be documented in the inspection report. Form 1176 (Stormwater Field Inspection Report — Active Construction) shall be used for all seven-day inspections and inspections following storm events. The Contractor shall notify the ECI when a storm event occurs. Inspections are not required at sites when construction activities are temporarily halted, when snow cover exists over the entire site for an extended period and melting conditions do not pose a risk of BID NO # B2000187 Page 88 10 REVISION OF SECTION 208 EROSION CONTROL surface erosion. This exception shall be applicable only during the period where melting conditions do not exist, and applies to the routine seven-day, as well as the post -storm event inspections. The following information shall be documented on Form 1176 for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. (2) The order of precedence for required inspections shall be as follows: (i) Post -storm event inspections (ii) Seven-day inspections When one of the listed inspections is performed, the inspections listed below it need not be performed on that day if the required Owner and Contractor personnel participated in the inspection. A seven-day inspection is not required on the same day a water quality routine audit is conducted, as long as all of the inspection scope requirements for a seven-day and post -storm event inspection are met. A sheet shall be placed in the inspections area of the SWMP to refer to the date the inspection was performed. (3) Seven-day inspections and post -storm inspections shall include inspection of the following areas, if applicable, for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to State waters: (i) Construction site perimeter (ii) Disturbed areas (iii) Designated haul routes (iv) Material and waste storage areas exposed to precipitation (v) Locations where stormwater has the potential to discharge offsite (vi) Locations where vehicles exit the site (4) Inspections shall include the following: (i) Visually verify whether all implemented control measures are in effective operational condition and are working as designed in their specifications to minimize pollutant discharges. (ii) Determine if there are new potential sources of pollutants. (iii) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. (iv) Identify all areas of non-compliance with the permit requirements and, if necessary, implement corrective action in accordance with the CDPS-SCP. Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement has been made. (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. The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. BID NO # B2000187 Page 89 11 REVISION OF SECTION 208 EROSION CONTROL (6) Document spills, leaks, or overflows that result in the discharge of pollutants on the Form 1176. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the CDOT field office during construction: 1. SWMP. The Engineer will provide an approved SWMP design at the Pre -construction Conference, which is and shall remain the property of Weld County. Prior to construction, Weld County will provide the documentation for items (1) through (4), and (18) as listed below, when available. The Contractor shall provide the contents required for items (5) through (17). The SWMP shall be stored in the Weld County field office or at another on -site location approved by the Engineer. The SWMP Administrator shall modify and update the SWMP as needed to reflect actual site conditions prior to the change or as soon as practicable, but in no case more than 72 hours after the change. The following Contract documents and reports shall be kept, maintained, and updated in the SWMP under the appropriate items by the SWMP Administrator: (1) SWMP Plan Sheets — Notes, tabulation, site description. The SWMP shall include a site description which includes, at a minimum, the following: (i) The nature of the construction activity at the site. (ii) The proposed schedule for the sequence for major construction activities and the planned implementation of control measures for each phase. (e.g. clearing, grading, utilities, vertical, etc.) (iii) Estimates of the total acreage of the site, and the acreage expected to be disturbed by clearing, excavation, grading, or any other construction activities. (iv) A summary of any existing data used in the development of the construction site plans or SWMP that describe the soil or existing potential for soil erosion. (v) A description of the percent of existing vegetative ground cover relative to the entire site and the method for determining the percentage, in accordance with CDOT Erosion Control and Stormwater Quality Guide. (vi) A description of any allowable non-stormwater discharges at the site, including those being discharged under a division low risk discharge guidance policy. (vii) A description of areas receiving discharge from the site. Including a description of the immediate source receiving the discharge. If the stormwater discharge is to a municipal separate storm sewer system, the name of the entity owning the system, the location of the storm sewer discharge, and the ultimate receiving water(s). (viii) A description of all stream crossings located within the construction site boundary. (2) SWMP Site Maps and Project Plan Title Sheet (3) Specifications — Standard and project special provisions related to stormwater and erosion control. (4) Standard Plans M-208-1, M-216-1 and M-615-1. (5) Control measure Details not in Standard Plan M-208-1 — Non-standard details. (6) Weekly meeting sign in sheet and weekly meeting notes. (7) Calendar of Inspections — Calendar of inspections marking when all inspections take place. (8) Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, 1388). (9) All Water Quality Audit Reports and Form 105(s) relating to Water Quality. (10) Description of Inspection and Maintenance Methods — Description of inspection and maintenance methods implemented at the site to maintain all control measures identified in the SWMP and items not addressed in the design. (11) Spill Response Plan — Reports of reportable spills submitted to CDPHE. (12) List and Evaluation of Potential Pollutants — List of potential pollutants as described in subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts. (13) Other Correspondence including agreements with other MS4s, approved deferral request, CDPHE audit documentation, Water Quality Permit Transfer to Maintenance Punch List, and other miscellaneous documentation such as documented use agreements for areas outside of the permitted area. BID NO # B2000187 Page 90 12 REVISION OF SECTION 208 EROSION CONTROL (14) TECS Certifications of the SWMP Administrator and all ECIs, kept current through the life of the project. (15) Environmental Pre -construction Conference — Conference agenda with a certification of understanding of the terms and conditions of the CDPS-SCP and SWMP. The certification shall be signed by all attendees. A certification shall also be signed by all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Environmental Pre -construction Conference has been held. (16) All Project Environmental Permits — All project environmental permits and associated applications and certifications, including, CDPS-SCP, Senate Bill 40, USACE 404, temporary stream crossings, dewatering, biological opinions, and all other permits applicable to the project, including any separate CDPS-SCP obtained by the Contractor for staging area on private property, asphalt or concrete batch plant, etc. (17) Photographs Documenting Existing Vegetation — Project photographs shall include the following information with the record: project number, project code, name of the person who took the picture, date and time the picture was taken, and location and approximate station number or mile marker. The Contractor shall submit photographs documenting existing vegetation, prior to construction commencing, on paper with a maximum of four colored images per side of 8 1/2 inch by 11 inch sheet or a digital copy on CD-ROM/Flash Drive (JPG format) as directed by the Engineer. (18) Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent water quality structures and riprap. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. The SWMP Administrator shall finalize the SWMP for Weld County use upon completion of the project. SWMP completeness shall be approved by the Engineer. Corrections to the SWMP shall be made at the Contractor's expense. 2. Reference Materials. The following Reference materials shall be used: (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings: The Engineer, the Superintendent, and the SWMP Administrator shall conduct a weekly meeting with supervisors involved in construction activities that could adversely affect water quality. The meeting shall follow an agenda prepared by the Engineer, or a designated representative, and have a sign in sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of water quality comments and action items at each weekly meeting and place the agenda and sign in sheet in the SWMP. At this meeting the following shall be discussed and recorded in tab 6 of the SWMP: (1) Recalcitrant, chronic, and severe inspection findings. (2) Unresolved issues from previous inspections. (3) Requirements of the SWMP. (4) Problems that may have arisen in implementing the site specific SWMP or maintaining control measures. (5) Control measures that are to be installed, removed, modified, or maintained, and associated SWMP modifications. (6) Planned activities that will affect stormwater in order to proactively phase control measures. All subcontractors not in attendance at the Environment Pre -construction Conference shall be briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to start of work. The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of attendees and add it to the SWMP. BID NO # B2000187 Page 91 13 REVISION OF SECTION 208 EROSION CONTROL 208.04 Control Measures for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all control measures implemented at the site to control potential sediment discharges. Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site or roadway to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking pad locations on the SWMP site map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system in accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction including, but not limited to, excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be removed from the site or contained at a pre -approved containment area that has been identified in the SWMP. The concrete shall be picked up and recycled in accordance with 6 CCR 1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as needed, or as directed by the Engineer. The uses of recycled concrete from permitted recycling facilities shall be in accordance with Section 203. (a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment control measures for correcting conditions unforeseen during the design of the project, or for emergency situations, that develop during construction. The CDOT Erosion Control and Stormwater Quality Guide shall be used as a reference document for the purpose of designing erosion and sediment control measures. Measures and methods proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation. (b) Other Agencies. If CDPHE, US Army Corps of Engineers (USAGE), the Environmental Protection Agency (EPA), or a Local Agency reviews the project site and requires additional measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. if the work may negatively affect another MS4, the Contractor shall cease and desist activities resulting in the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures. Implementation of these additional measures will be paid for at contract unit prices. (c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside Weld County ROW and outside easements acquired by Weld County for construction, are 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 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 subject to inspections by Weld County or any other agency. A documented use agreement between the permittee and the owner or operator of any control measures located outside of the permitted area that are utilized by the permittee's construction site for compliance with the CDPS-SCP, but not under the direct control of the permittee shall be placed in the project's SWMP. (d) Construction Implementation. The Contractor shall incorporate control measures into the project as outlined in the accepted schedule. (e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control measures until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or BID NO # B2000187 Page 92 14 REVISION OF SECTION 208 EROSION CONTROL (f) replace sections of earthwork at the Contractor's expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: 1. Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation or underlying soil of a site, such as clearing, grading, road bed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive temporary stabilization. Other stabilization measures may be implemented, as approved. The maximum area of temporary stabilization (excluding areas of designated topsoil) shall not exceed 20 acres. 2. Interim Stabilization. As soon as it is known with reasonable certainty that work will be temporarily halted for 14 days or more, sediment and material stockpiles and disturbed areas shall be stabilized using one or more of the specified following methods: (1) Application of 1.5 tons per acres of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. (2) Placement of bonded fiber matrix in accordance with Section 213. (3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. (4) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride and Sodium Chloride, or other salt products, shall not be used as a stabilization method. (5) Topsoil stockpiles shall receive interim stabilization unless specified in accordance with Section 207 as a different material than the other disturbed areas on -site. 3. Summer and Winter Stabilization. Summer and winter stabilization is defined as stabilization during months when seeding will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of interim stabilization may be required as directed. 4. Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non -erodible methods as riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved in writing by the Engineer. All permanent stabilization requirements shown on the plans shall be completed within four working days of the placement of the topsoil in accordance with Section 207. 5. Final Stabilization. Final stabilization is achieved when all ground disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent physical erosion reduction methods have been employed. Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP as control measures for stormwater pollution prevention shall be maintained in effective operating condition until the CDPS-SCP has been transferred to Weld County. Control measures shall be continuously maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment when silt depth is 50 percent or more of the effective height of the erosion control device. When possible, the Contractor shall use equipment with an operator rather than labor alone to remove the sediment. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain control measures shall be repaired at the Contactor's expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures to assess the adequacy of control measures at the site and the necessity of changes to those control measures to ensure continued effective performance. Where site assessment results in the determination that new or replacement control measures are necessary, the control measures shall be installed to ensure continuous BID NO # B2000187 Page 93 15 REVISION OF SECTION 208 EROSION CONTROL effectiveness. When identified, control measures shall be maintained, added, modified or replaced as soon as possible, immediately in most cases. Approved new or replaced control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. Devices damaged due to the Contractor's negligence shall be replaced at the Contractor's expense. From the time seeding and mulching work begins until project acceptance the Contractor shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately restored. Damage to seeded areas or to mulch materials due to Contractor negligence shall be immediately restored at the Contractor's expense. Restoration of other damaged areas will be measured and paid for under the appropriate bid item. Temporary control measures may be removed upon completion of the project, as determined by the Water Quality Partial Acceptance walk-through. If removed, the area in which these control measures were constructed shall be returned to a condition similar to that which existed prior to its disturbance. Removed control measures shall become the property of the Contractor. If the Contractor fails to complete construction within the approved contract time, the Contractor shall continue erosion and sediment control operations at its expense until acceptance of the work. Sediment removed during maintenance of control measures and material from street sweeping may be used in or on embankment, provided it meets the requirements of Section 203 and is distributed evenly across the embankment. Whenever sediment collects on the paved surface, the surface shall be cleaned. Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick broom will not be allowed. Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations using a vacuum. A control measure, such as a berm, shall be placed to contain slurry from joint flushing operations until the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable control measures shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with subsection 107.25(b). Material containment and removal will not be paid for separately but shall be included in the work. 208.05 Construction of Control Measures. Control measures shall be constructed in accordance with Standard Plans M-208-1 and M-216-1, and with the following: (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket installation shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. (c) Silt Fence. Silt fence shall be installed in locations specified in the Contract. (d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract and graded to drain to a designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. (g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes. The Contractor BID NO # B2000187 Page 94 16 REVISION OF SECTION 208 EROSION CONTROL shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms shall be installed on top of soil retention blanket or turf reinforcement blanket. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. (i) Rip rap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1 foot minimum. Riprap size shall be as shown on the plans. (j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. (k) The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from each Type II and III containment area when it is more than one third full of sediment, or as directed. The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. (I) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the potential of pollutants leaving the project site. Locations shall be as shown on the plans or as directed. Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations where runoff from disturbed areas can be diverted into the trap. The area under the embankment shall be cleared, grubbed, and stripped of any vegetation and roots. Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and other objectionable material. Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the trap and shall be disposed of in accordance with subsection 208.04(f). (m) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded so that the top of the stake does not extend past the top erosion log more than 2 inches, at the discretion of the Engineer, a shallower stake depth may be permitted if adverse site conditions are encountered, e.g. rock or frozen ground. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. (n) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. (o) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on the plans. Work on this structure shall not begin until written acceptance of location is provided by the Engineer. Control measures designed for concrete washout waste shall be implemented. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5 or use a prefabricated washout. The following requirements shall be met: (1) The structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout and disposal locations. (3) The site shall be located a minimum of 50 horizontal feet away from State waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4) The site shall be signed as "Concrete Washout". (5) The site shall be accessible to appropriate vehicles. BID NO # B2000187 Page 95 17 REVISION OF SECTION 208 EROSION CONTROL (p) (q) (6) Freeboard capacity shall be included in the structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (7) The Contractor shall prevent tracking of washout material out of the washout structure. (8) Solvents, flocculants, and acid shall not be added to wash water. (9) The structure shall be surrounded on three sides by a compacted berm. (10) The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (11) Concrete waste, liquid and solid, shall not exceed 2A the storage capacity of the washout structure. Pre -fabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: (1) Structure shall contain all washout water. If bins are determined to be leaking, the Contractor shall replace the bin on -site and clean up the spilled material. (2) Structure shall be located a minimum of 50 horizontal feet away from State waters and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be as approved by the Engineer. The pre -fabricated structure shall be signed as "Concrete Washout". Sign can be on portable bin. (3) The site shall be accessible to appropriate vehicles. (4) Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. (5) Solvents, flocculants, and acid shall not be added to wash water. (6) Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. (7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved. (8) The concrete washout structure shall be installed and ready for use prior to concrete placement operations. (9) Washout areas shall be checked and maintained as required. On site permanent disposal of concrete washout waste is not allowed. All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. Delivery to the site shall not occur until written acceptance is provided by the Engineer for both the product and the concrete waste disposal facility. Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall be completed before any disturbance of the area. The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project. The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the Engineer. Additional aggregate may be required for maintenance and will be not paid for separately. (r) Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary control measures if all the following conditions are met: (1) The pond is designated as a construction control measure in the SWMP. (2) The pond outfall and outlet are designed and implemented for use as a control measure during construction in accordance with good engineering, hydrologic, and pollution control practices. The stormwater discharges from the outfall shall not cause degradation or pollution of State waters, and shall have control measures, as appropriate. (3) All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance. (s) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of hardscape or compacted gravel. If approved by the Engineer, the aggregate bag may be placed on compacted dirt areas, where bags conform to the surface and can effectively minimize sediment transport. Aggregate bags shall not be placed in concentrated flow areas. Aggregate bags shall be placed to conform to the surface without gaps to ensure that discharge water does not cause erosion. BID NO # B2000187 Page 96 18 REVISION OF SECTION 208 EROSION CONTROL (t) Surface roughening. Surface roughening creates horizontal grooves along the contour of the slope. Roughening may be accomplished by furrowing, scarifying, ripping, or disking the soil surface to create a 2 to 4 inch minimum variation in soil surface. (u) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily rock need not be tracked. 208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill Response Plan in place as specified in subsections 107.25(b) or 208.06(c). Construction equipment, fuels, lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within approved designated areas. (a) Bulk storage structures. Bulk storage structures for petroleum products and other chemicals shall have impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. Secondary containment shall be capable of containing the combined volume of all the storage containers plus at least 10 percent freeboard. For secondary containment that is used and may result in accumulation of stormwater within the containment, a plan shall be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be contaminated (e.g., has an unusual odor or sheen). (b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks shall be performed at the Contractor's expense. (c) Spill Response Plan. A spill Response Plan shall be developed and implemented to establish operating procedures for handling potential pollutants and preventing spills. The Response Plan shall contain the following information: (1) Identification and contact information of each Spill Response Coordinator. (2) Locations of areas on the project site where equipment fueling and servicing operations are permitted. (3) Location of cleanup kits. (4) Quantities of chemicals and locations stored on site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. (6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or ground water. (7) Procedures for spills of any size that enter surface waters or ground water or have the potential to do so. CDOT's Erosion Control and Stormwater Quality Guide contains spill notification contacts and phone numbers required in the Spill Response Plan. (8) A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. BID NO # B2000187 Page 97 19 REVISION OF SECTION 208 EROSION CONTROL 208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other activities which would disturb existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the CDPS-SCP application and indicate changes to locations and quantities on the SWMP. The Contractor shall report the changes and additional disturbances to the Engineer, Water Quality Control Division of CDPHE, and all other involved agencies. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. The Engineer will identify and document findings not in compliance with the Water Quality Specifications, as specified in subsection 208.09(a)(7), during water quality control inspections or observation by the Engineer. The Engineer will immediately notify the Contractor of these findings by issuing Form 105. Failure by the Contractor to clarify a finding location with the Engineer shall not interrupt the timelines noted in subsection 208.09(b). Timelines noted in subsection 208.09(b) do not indemnify the Contractor from failing to comply with CDPS-SCP timelines for corrective actions. (a) Definitions. 1. Compliance Assistance. A low risk event as determined by the Engineer or MS4 Coordinator. Compliance assistance events are not considered Findings and not subject to the Regulatory Mechanism noted in subsection 208.09(b). 2. Deferment. A request from the Contractor to the Engineer to delay implementation of corrective actions for Regular Findings pertaining to Water Quality Specifications. Deferments may only be granted due to extraordinary circumstances. However, it is at the Engineer's discretion to approve or reject these requests. 3. Finding. An incident discovered through inspection by Weld County or by Engineer observation, which is noncompliant with the Water Quality Specifications. A Finding will be classified as one of the following: (1) Regular Finding. A situation upon inspection that is in noncompliance with the Water Quality Specifications. (2) Severe Finding. A discharge outside the project's Limits of Construction (LOC), subsection 107.25(a), to State waters or to a live inlet where the pollutant cannot be reclaimed. (3) Chronic Finding. A Chronic Finding is assessed when the same Regular Finding at the same location is documented twice in the last three Headquarters or Region water quality control inspections. Engineer observed findings outside these inspections will not apply. 4. Inspection Form 105. The Form 105 issued by the Engineer documenting findings from water quality inspections in accordance with subsection 208.03(c). 5. Location. The place where the finding was observed; can be a document (e.g., stormwater management plan [SWMP]) or physical location. A physical location must be described with enough detail to guide an independent party to the spot of the finding. Physical locations must be supported with at least one photograph. 6. Recalcitrance. Contractor has shown willful negligence or misrepresentation or unwillingness to adhere to the Water Quality Specifications. 7. Water Quality Specifications. Subsection 107.25, Sections 208, 213 and 216, and Standard Plans M-208-1 and M-216-1. (b) Liquidated Damages and Stop Work Orders. The Contractor will be subject to Liquidated Damages for incidents of failure to comply with the Water Quality Specifications and implement corrective actions to resolve noncompliance in the time frame established in subsection 208.09(b and c). Liquidated damages are for the Contractor's failure to comply with the Water Quality Specifications. BID NO # B2000187 Page 98 20 REVISION OF SECTION 208 EROSION CONTROL 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 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 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 - BID NO # B2000187 Page 99 21 REVISION OF SECTION 208 EROSION CONTROL 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. A. 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. B. 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: (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. BID NO # B2000187 Page 100 22 REVISION OF SECTION 208 EROSION CONTROL 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 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. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. When Permanent Water Quality control measures are required on the project, the Contractor shall survey the control measures to confirm that they conform to the configuration and grade shown on the Plans. The survey shall conform to Section 625. The results of the survey shall be submitted as CAD drawing files and PDF files, showing both designed and final elevations and configurations. Paper versions of the drawings shall be submitted with the stamp and seal of the Contractor's Surveyor. The Engineer will perform a walkthrough of the Permanent control measures to confirm conformance to material requirements, locations, and dimensions of the Permanent control measures. Permanent control measures not meeting the Contract requirements will be identified in writing by the Engineer, and shall be repaired or replaced at BID NO # B2000187 Page 101 23 REVISION OF SECTION 208 EROSION CONTROL the Contractor's expense. Correction surveys shall be performed at the Contractor's expense to confirm the locations and dimensions of each Permanent control measure. Final as -built plans of the Permanent control measures shall be provided to the Engineer for their records. (c) Locations of Temporary Control Measures. The Engineer will identify locations where modification, cleaning, or removal of temporary control measures are required and will provide these in writing to the Contractor. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of control measures to remain on the project site. All punch list and walkthrough items shall be completed and approved by the Engineer and Maintenance. METHOD OF MEASUREMENT 208.11 Erosion Control Management will be measured as the actual number of days of ECM work performed, regardless of the number of personnel required for SWMP Administration and Erosion Control Inspection, including erosion control inspections, documentation, meeting participation, SWMP Administration, and the preparation of the SWMP. Erosion bales and rock check dams will be measured by the actual number installed and accepted. Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, temporary diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and accepted as measured along the centerline of the BMP. Measured length will not include required overlap. All BMPs measured by the Square Yard (SY) shall not include the required overlap. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. Pre -fabricated concrete washout structures will be measured by the actual number of structures delivered to the site. It shall not include structures moved on -site. Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and accepted. Sediment trap quantities will be measured by the actual number installed and accepted. Removal of trash that is not generated by construction activities will be measured by the actual number of hours that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the Engineer a list of workers and the hours spent collecting such trash. Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. Vehicle tracking pads will be measured by the actual number constructed and accepted. Additional aggregate required for maintaining vehicle tracking pads will be measured as the actual number of cubic yards installed and accepted. Pre -fabricated vehicle tracking pads will be measured by the actual number of pads delivered to the site and set up to the minimum dimensions. It shall not include pads moved on -site. BASIS OF PAYMENT 208.12 ECM and control measures will be paid for at the Contract unit price for each of the items listed below that appear in the bid schedule. BID NO # B2000187 Page 102 24 REVISION OF SECTION 208 EROSION CONTROL Payment will be made under: Pay Item Aggregate Bag Concrete Washout Structure Each Erosion Bales (Weed Free) Erosion Control Management Erosion Log (Type'1)' ( inch; Erosion Log (Type 2) (_Inch) ( ) Erosion Log (Type 3) (Inch) ( ) Pre -Fabricated Concrete Washout Structure (Type 1) Pre -Fabricated Concrete Washout Structure (Type 2) Each Pre -Fabricated Vehicle Tracking Pad Each Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard Removal and Disposal of Sediment (Equipment) Hour Pay Unit Linear Foot Removal and Disposal of Sediment (Labor) Removal of Trash Rock Check Dam Sediment Basin Sediment Trap Silt Berm It Dike Silt Fence Silt Fence (Reinforced) Storm Drain Inlet Protection (Type] i Drain Inlet Protection (Type___) Sweeping (Sediment Removal) Temporary Berm Temporary Diversion entporary Slope Drain Vehicle Tracking Pad Each Day Linear Foot Linear Foot Linear Foot Each Hour Hour Each Each Each Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Each Hour Linear Foot Linear Foot Linear Foot Each Payment for Erosion Control Management (ECM) will be full compensation for all labor, materials and equipment necessary for the SWMP Administrator and Erosion Control Inspectors to perform all the work described in this BID NO # B2000187 Page 103 25 REVISION OF SECTION 208 EROSION CONTROL specification. This includes assembling items (5) to (18) in subsection 208.03(d)1 and required updates to the SWMP. The SWMP Administrator and ECI's commute times will not be measured and paid for separately but shall be included in the work. Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. Surface roughening and vertical tracking (temporary stabilization) will not be measured and paid for separately but shall be included in the work. Payment for each control measure item will be full compensation for all work and materials required to furnish, install, maintain, and remove the control measure when directed. Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use of the labor. Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of these structures throughout the duration of the project will not be measured and paid for separately but shall be included in the work. Silt berm spikes and wood spikes will not be measured and paid for separately but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216. Compost and wood stakes for Erosion Log (Type 2) will not be measured and paid for separately but shall be included in the work. Spray -on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured and paid for in accordance with Section 213. Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately but shall be included in the work. Sweeping, when used as a control measure as shown in the Contract, will be measured by the number of hours that a pickup broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment. The operator will not be measured and paid for separately but shall be included in the work. Stakes, anchors, connections, geotextile, riprap, and tie downs used for temporary slope drains will not be measured and paid for separately but shall be included in the work. Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately but shall be included in the work. If additional aggregate for maintenance of vehicle tracking pads is required, it will be measured by the cubic yard in accordance with Section 304 and will be paid for under this Section as Maintenance Aggregate (Vehicle Tracking Pad). Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212, 213, 216, and 506. BID NO # B2000187 Page 104 26 REVISION OF SECTION 208 EROSION CONTROL All work and materials required to perform the permanent control measure survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for control measures replaced as approved by the Engineer. Temporary erosion and sediment control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be provided at the Contractor's expense. END OF SECTION BID NO # B2000187 Page 105 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 access/haul roads shall be performed to control the dust. 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. Subsection 209.07, 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. Magnesium Chloride dust palliative will not be measured and paid for separately but shall be incidental to the work. END OF SECTION BID NO # B2000187 Page 106 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby added for this project as follows: In Subsection 212.02(a) delete second paragraph beginning with "Seed types..." and replace with: SEEDING Mycorrhiza shall be added to the seed mix at time of seeding as a seed coating. The rate will be at two (2) pounds per acre of seed, unless specified otherwise. The Contractor will supply the Project Manager with information on the source and type of Mycorrhiza being used. The Contractor shall provide a COC for the Mycorrhiza. Cost to add Mycorrhiza shall be incidental to the cost of seeding and shall not be paid for separately. NA IVE SEED MIXTURE 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 (Calibra or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell, Pathfinder) 1.50 WB-Cedar Wheat (added as a nurse crop) 15.00 Total 29.50 Seeding rates shall be doubled when placed by hand broadcasting or by Hydraulic Seeding (if approved by the Engineer), except seeding in the wetland area. Native grass seeding shall be done using a Native Grass Drill. The sterile wheat shall be done using a Grain Drill. WETLAND SEED MIXTURE (To be hand broadcast Common Name Pounds PLS/Acre Reed Canarygrass 4.5 Improved Meadow Brome 2.5 Garrison Creeping Foxtail 2.5 Timothy 0.5 Total 10.0 In subsection 212.03 delete the seeding seasons table and replace it with the following: Zone Spring Seeding June 15th Fall Seeding Delete Section 212.06 and replace with the following: All areas shall be seeded in accordance with subsection 213.03. (a) 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. (b) Fertilizing and Soil Conditioning. Soil in all areas to receive native seed shall be fertilized and conditioned. Soil in the area to receive the wetland seed mix shall not be fertilized or conditioned. For soil preparation of native grass BID NO # B2000187 Page 107 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING areas, the fertilizer shall be a complete starter fertilizer having the chemical analysis of 8% Nitrogen, 2% Phosphoric Acid, and 1% Potassium or an approved equivalent. The soil conditioner shall be Biotic Earth Black Hydraulic Growth Medium (HGM) or an approved equivalent. Since hydroseeding is not allowed, the HGM shall be applied separate of the seeding unless written approval from the Engineer has been obtained. 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. All materials shall be prepackaged and at no time shall it be allowed for onsite mixing of organic fiber materials. The HGM shall be used to provide a substance on or in which plants can be grown, for seed germination, plant growth/establishment and soil -building characteristics in conditions of marginal or extremely poor soils where there is minimal to no organic matter present. HGMs shall be applied according the manufacturer's recommendation. Special application rate considerations are required depending on environmental and soil conditions along with erosion potential on the site. Organic Fiber Materials - 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 addition materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and 16 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 that 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. All materials shall be delivered in ultraviolet and weather resistant factory labeled packages. Material shall be store in a cool dry place away from open flames ensuring strict adherence to manufacturer recommendations. 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 HGM. 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 HGM. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGM. 5. Continue filling tank with water to approximately' full and begin adding bags of HGM. 6. All quantity of HGM shall 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. The HGM shall be applied following the procedures outlined below. 1. Prior to application and mixing of the HGM, the site shall be measured and marked to known areas to ensure appropriate seed, amendment, and HGMs application rates. 2. Bring sprayer to appropriate operating speed and agitator speed for slurry application. BID NO # B2000187 Page 108 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 3. Apply in a consistent and even manner across soil surface. 4. Apply from opposite directions to ensure the highest level of coverage, effectiveness, and performance. 5. If spraying is stopped at any time, close the spray nozzle at the end of the hose to avoid water draining from the hose. If a tower applicator is being used, stop normally and upon restart remove the spray tip, discharge a small amount of HGMs, replace the tip and return to applying the product. Cleaning Clean equipment per the equipment manufacturer's recommendations. Fertilizer and soil conditioner shall be scarified and turned under the area designated to be seeded to a depth of four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass area at the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. Apply the soil conditioner in the native grass area at the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. 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. (c) Seeding. Grade seeding areas to a smooth, even surface with a loose, uniformly fine texture. 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. If strips greater than 7 inches between rows have been left unplanted or other areas skipped, the Engineer will require additional seeding at the Contractor's expense. 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 equipment and accessories shall conform to the equipment and accessories described in section 212.04(c). All seed sown by broadcast type seeders shall be "raked in" or covered with soil to a depth of at least %". Broadcasting seed will be permitted only on small areas that are not accessible to machine methods. Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for this corrective work, when ordered shall be at the contract prices. 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 subsection 212.03. Subsection 212.07 shall be revised to include the following: No separate measurement and payment will be made for fine grading, fertilizer, and soil conditioning for seeding. This work shall be included in the Unit Price bid for seeding. The unit price paid for seeding shall include all the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch, and mulch tackifier. Subsection 212.08 shall be revised to include the following: Payment for seeding shall be full compensation for all work necessary to complete the seeding. The actual quantity will be measured in -place by the County. BID NO # B2000187 Page 109 4 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Payment will be made under: Pay Item Pay Unit Seeding (Cover Crop) Acre END OF SECTION BID NO # B2000187 Page 110 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 will 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 BID NO # B2000187 Page 111 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. 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 % 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. BID NO # B2000187 Page 112 2 REVISION OF SECTION 216 SOIL RETENTION COVERING In Subsection 216.02(b) delete Table 216-4 and replace with the following: 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 (lbs/ft) 425 x 350 2000 x 1800 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 80 90 90 90 D-4355 Velocity (Vegetated) (ft/sec) 18 20 22 25 Permissible Shear Stress3 (Vegetated) ASTM D 10 12 14 16 6460 (Ibs/ft2) 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) 8 x 140 8.5 x 120 8.5 x 120 8.5 x 120 16x140 15x120 15x120 16 x 348.75 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 be 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'/ 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: Pay Item Soil Retention Blanket (S -C) (BioD CL 2) Soil Filled Turf Reinforcement Mat (Class 3) Pay Unit SY SY 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 BID NO # 82000187 Page 113 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. Subsection 304.06 shall include the following: Shoulder gravel shall be compacted by double wheel roll with a loaded tandem truck. 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 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 Aggregate Base Course (Shouldering) Aggregate Base Course (Surface Gravel) Aggregate Base Course (Class 6) Pay Unit Ton Ton Ton Section 703 of the Standard Specifications is hereby revised for this project as follows: BID NO # B2000187 Page 114 2 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE Subsection 703.03 Table 703-2 shall be deleted and replaced with the following: Table 703-2 CLASSIFICATION FOR AGGREGATE BASE COURSE Mass Percent Passing Square Mesh Sieve Standard (mm) Mesh (in) 6 _. 4 LL not greater than 35 Class 1 Class 2 Class 3 100 Class 4 LL not greater than 20 Class 5 Class 6 Class 7 Surface Gravel 100.00 100 63.00 2 '/ 100 37.50 2 1% 10O 90-100 100 100 0 95-10O 100 19.00 3�4 50-90 95-100 4.76 No. 4 30-65 30-50 30-70 30-65 45-65 2.38 O 25-55 5 0.42 No. 40 15-35 Plasticity Index 6 Max. 6 Max. 20 3-12 3-, 3-. 12` 6 Max. 6 Max. 6 Max. 50 Max. 6 Max. 50'. Max. 6 Max. 5 NOTE: Class 3 material shall consist of bank or pit run material END OF SECTION 4-12 BID NO # B2000187 Page 115 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 (Separator)(Class 1) shall meet the requirements of subsection 712.08, including Table 712-2a. 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 Separator (Drainage)(Special) shall meet the requirements of subsection 712.08 and Table 712-b. Subsection 420.07 shall be deleted and replaced with the following: Geotextile shall be installed as follows: Subqrade 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. Geosvnthetic Deployment: The geosynthetic reinforcement shall be placed directly on the prepared subgrade. It should be rolled out flat and tight with no folds or wrinkles. Unroll the geosynthetic 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 should be overlapped along their sides and ends as a function of subgrade strength as follows: CBR ≥ 3% 1%≤CBR≤ 0.5% ≤ CBR < 1% CBR < 12" to 18" overlap 24' to "aye 36" or Sewn Sewn tp If the need for 40" inches of overlap is reached, it is strongly suggested that the overlap is sewn or otherwise adhered to limit the potential formation of a slip plane between the overlapped panels. Note: very heavy loading and very soft subgrades will also warrant sewn seams instead of overlapping panels. 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 will not be paid for separately but will be considered subsidiary to item 420. 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 ≥ 4%), standard, BID NO # B2000187 Page 116 2 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS 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 will not cause significant rutting upon bare subgrade. Sudden braking, sudden starting and sharp turning should be avoided. Tracked construction equipment must not be operated directly upon the exposed geosynthetic. A minimum aggregate fill thickness of 6 inches is required prior to operation of tracked equipment on the geosynthetic. 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 should 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. Installation and Repairs for Damaged Areas: Repairs to roadway reinforcement geosynthetics can be made in the field by placing a repair panel or patch over the damaged area. The repair panel should extend a minimum of 3 ft beyond the edges of the damaged geosynthetics. 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. Subsection 420.09 shall include the following: Geotextile (Separator)(Class 1) will be measured in place by the square yard of surface area, completed and accepted. Subsection 420.10 shall include the following: Geotextile Separator (Drainage)(Special) shall be included in the cost (subsidiary) of the riprap pay item. Payment will be full compensation for all work and materials required to complete the item. Subsection 712.08 shall include the following: The material for Geotextile (Separator)(Class 1) shall meet the properties in Table 712-2a. Mirafi RS580i or approved equal will meet this classification. Table 712-2a Geotextile (Separator)(Class 1) - Physical and Mechanical Properties Physical Properties Rot Length (minimum) Roll Width (minimum) Roll Ares (mini um) Mechanical Properties Unit Feet Feet Sq. Yd. Test Method Unit Typical Values 100. 15 00, Minimum Average Roll Value Tensile Modulus @ 2% strain (CD) strain (CD) HYDRAULIC Flow Rate` .,, Permittivity SOIL RETENTION Apparent Opening Size (AOS) Pore Size 050 St IL I RACTION Interaction Coefficient ',Factory Sewn team UV Resistance (at 500 hours) ASTM D4595 ASTM D4595 ASTM D4491 ASTM D4491 ASTM D4751 ASTM D6767 ASTM D6767 ASTM D6706 ASTM D4884 ASTM D4355 lbs/ft lbsfft' gal/mirr/ft2 sec -1 U.S. Sieve microns microns Ibs/ft % strength retained 1,800 75 .. 1.0 40 337 192 0.9 90 BID NO # B2000187 Page 117 4 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS The material for Geotextile Separator (Drainage)(Class 1) shall meet the properties in Table 712-2b. Mirafi FW-300 or approved equal will meet this classification. Table 712-2b Geotextile Separator (Drainage)(Special) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum) Roll Width (minimum) Roll Area. (minimum) Feet Feet Sq. Yd. 300 12.5 417 Mechanical Properties Test Method Unit Minimum Average Roll Value STRENGTH Grab Tensile Strength Grab Tensile Elongation Trapezoid Tear Strength CBR Puncture Strength HYDRAULIC Flow Rate Permittivity Percent Open Area SOIL RETENTION Apparent Opening Size (AOS) SOIL INTERACTION UV Resistance (at 500 hours) ASTM D4632 ASTM D4632 ASTM D4533 ASTM D6241 ASTM D4491 ASTM D4491 COE-02215 ASTM D4751 ASTM D4355 lbs % lbs lbs gal/min/ft2 ' sec -1 °fo U.S.' Sieve % strength retained 400 (MD) 335 (CD) 20(MD) 15(CD) 145 (MD) 125 (CD) 1,250 115 1.5 8 30 90 END OF SECTION BID NO # B2000187 Page 118 1 REVISION OF SECTION 506 BURIED/SOIL RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: Subsection 506.01 shall be revised as follows: This work consists of the construction of buried/soil riprap and installation of geotextile separator(drainage)(special) in accordance with the Specifications and Plans. The installation of the geotextile shall be considered subsidiary to the riprap construction and no separate payment shall be made. Delete Subsection 506.02, paragraph 2 and replace with the following: Material used for riprap may be approved by the Engineer or Inspector if, by visual inspection, the rock is determined to be sound and durable. Prior to delivering this material to the jobsite, the Contractor shall supply laboratory testing data from the supplier, for approval by the Engineer indicating the material meets the requirements for abrasion resistance or compressive strength as indicated in Table 506-1. Subsection 506.02 shall be revised to include the following: Riprap shall be of the nominal stone size (d50) of 12 inches and conform to the gradation requirements of Table 506-2 in the Specifications. Prior to delivering material to the jobsite, the Contractor shall supply laboratory testing data from the supplier, for approval by the Project Inspector. A geotextile separator shall be placed above the compacted subgrade per the Plans and Specifications. Subsection 506.03 shall be revised to include the following: Buried Riprap 1. Adjacent stockpiles of riprap and soil shall be created and mixing done at the stockpile location, not at the location where soil riprap is to be placed. 2. Mix thirty-five percent (35%) soil by volume with stockpiled riprap, using additional moisture and control procedures that ensure a homogenous mixture; where the soil fills the inherent voids in the riprap without displacing riprap. 3. Channel slope or other areas that are to be protected with soil/buried riprap shall be free of brush, trees, stumps, and other objectionable material and be graded to a smooth compacted surface as shown on the Plans. 4. CONTRACTOR shall excavate areas to receive soil/buried riprap to the subgrade as shown on the Plans. Bedding material is not required for soil/buried riprap. 5. The subgrade materials shall be stable. 6. If unsuitable materials are encountered, they shall be removed and replaced in accordance with Section 203 of the Specifications. 7. When subgrade is built up with embankment material it shall be compacted to ninety five percent (95%) maximum density (ASTM D698). 8. All riprap mixture is to be placed in a dewatered condition beginning at the toe of the slope or other lowest point. 9. Prior to riprap mixture placement, a geotextile separator shall be installed over the entire area to be riprapped per the Plans. The geotextile shall meet the requirements specified in 712.08 and Table 712-2b. This item shall be included in the cost (subsidiary) of the riprap pay item unless listed separately in the Contract. 10. Riprap shall be installed in a manner that results in a dense, interlocked layer of riprap at a slope not steeper than 3H:1V. The thickness of the riprap layer shall be twice the nominal stone size and installed as shown on the Plans. Place a first layer of smaller soil riprap of approximate d50 thickness. Then place the top layer with surface rocks that are largely d50 or greater, filling voids as necessary with smaller planted riprap. Riprap shall be placed on the prepared areas in a manner which will produce a reasonably well -graded mass of stone with the minimum practicable percentage of voids. 11. Riprap shall be machine placed, unless otherwise stipulated in the Plans or Specifications. It is the intent to produce a fairly compact riprap protection in which all sizes of material are placed in their proper proportions. The mixture shall be consolidated by large vibratory equipment or backhoe bucket to create a tight, dense interlocking mass. BID NO # B2000187 Page 119 2 REVISION OF SECTION 506 BURIED/SOIL RIPRAP 12. The entire mass of riprap shall be placed so as to be in conformance with the required gradation mixture and to line, grade, and thickness shown on the Plans. Riprap shall be placed to full course thickness at one operation and in such a manner as to avoid displacing the underlying bedding material. Placing of riprap in layers, or by dumping into chutes, or by similar methods shall not be permitted. All material used for riprap protection for channel slope or bottom shall be placed and distributed such that there shall be no large accumulations of either the larger or smaller sizes of stone. Some hand placement may be required to achieve this distribution. 13. Any large voids shall be filled with rock and small voids filled with soil. 14. Excessively thick zones of soil prone to washing away shall not be created (for example, no thicknesses greater than six (6) inches). 15. The soil shall be further wetted to encourage void filling with soil. 16. All riprap shall be reviewed and approved by the Engineer prior to embankment and topsoil placement. 17. For buried soil riprap, the top surface shall be covered with four (4) inches of topsoil such that no rock points are protruding. 18. The final surface shall be thoroughly wetted for good compaction, smoothed and compacted by vibrating equipment; the surface shall then be hand raked to receive planting or seeding. Topsoil shall be added to any areas that settle. Subsection 506.04 shall be revised as follows: Riprap of the sizes specified in the Contract will be measured by the cubic yard per the Plans. Subsection 506.05 shall be revised as follows: Payment will be under: Pay Item Pay Unit Buried/Soil Riprap (12 inch) Cubic Yard (CY) END OF SECTION BID NO # B2000187 Page 120 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 Cementitio Concrete Required us Material Air Water/Cementitious Class Field Content: Content: Material Ratio: Compressive Minimum or % Range Maximum or Range Strength (psi) Range (Total) (lbs/yd3) B 4500 at 28 days N/A 5 - 8 0.45 BZ 4000 at 28 days 610 N/A 0.45 D 4500 at 28 days 615 to 660 5 - 8 0.45 DT 4500 at 28 days 700 5 - 8 0.44 E 4500 at 28 days 520 4 - 8 0.44 G 4500 at 28 days N/A 5 — 8 0.45 H 4500 at 56 days 500 to 640 5 - 8 0.42 - 0.44 HT 4500 at 56 days 500 to 640 5 - 8 0.42 - 0.44 P 4500 at 28 days 520 4 - 8 0.44 S35 5000 at 28 days 615 to 720 5 - 8 0.42 S40 5800 at 28 days 615 to 760 5 - 8 0.40 S50 7250 at 28 days 615 to 800 5 - 8 0.38 Shotcrete 4500 at 28 days N/A 7-10 * 0.45 * Prior to pumping for wet process. 2 BID NO # B2000187 Page 121 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class B concrete is an air entrained concrete for general use. Class D, H 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. 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 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 H 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. Class HT may be substituted for Class DT concrete. 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 III 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. (6) The mix may use an optimized gradation with a nominal aggregate size of at least 3 inch. The mix shall have a nominal maximum aggregate size of 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 H concrete is used for bare concrete bridge decks. Additional requirements are: (1) Type A or dual rated Type A and F chemical admixtures may be used. (2) Set retarding and accelerating admixtures shall not be used. These include Type B, C, D, E, and G chemical admixtures. BID NO # B2000187 Page 122 3 REVISION OF SECTION 601 STRUCTURAL CONCRETE (3) (4) (5) (6) (7) The concrete mix shall consist of a minimum of 55 percent sizes No. 57, No. 6, or No. 67 coarse aggregate by weight of total aggregate. The permeability of the laboratory trial mix shall not exceed 2000 coulombs at 56 days when tested in accordance with ASTM C1202. The cracking tendency of the laboratory trial mix shall not exhibit a crack before 15 days when tested in accordance with AASHTO T334. Class H concrete shall contain a minimum of 20 percent pozzolan by weight of total cementitious material. The sulfate exposure is Class 0 except when substituted for Class B or D concrete. Class HT concrete is used for deck resurfacing and repairs on bare concrete bridge decks. Additional requirements are: (1) Type A or dual rated Type A and F chemical admixtures may be used. (2) Set retarding and accelerating admixtures shall not be used. These include Type B, C, D, E, and G chemical admixtures. The concrete mix shall consist of a minimum of 50 percent size No. 7 or No. 8 coarse aggregate by weight of total aggregate. The permeability of the laboratory trial mix shall not exceed 2000 coulombs at 56 days when tested in accordance with ASTM C1202. The cracking tendency of the laboratory trial mix shall not exhibit a crack before 15 days when tested in accordance with AASHTO T334. Class HT concrete shall contain a minimum of 20 percent pozzolan by weight of total cementitious material. The sulfate exposure is Class 0. (3) (4) (5) (6) (7) 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. The OGCP shall meet the following specifications: 1. The combined gradation must be within the boundary limits for each sieve size. I Sieve Number Maximum Boundary % Minimum Boundary % 1.5" 0 0 1" 16 0 #4 20 4 #8 12 0 #16 12 0 #30 20 4 #50 20 4 #100 10 0 #200 2 0 2. The total volume of coarse sand (#8-30) must be a minimum of 15%. 3. The total volume of fine sand (#30-200) must be within 24% and 34%. 4. Limit the flat or elongated coarse aggregate to 15% or less at a ratio of 1:3 according to ASTM 4791. Class PS concrete is used for prestressed concrete members. Requirements for Class PS concrete are specified in subsection 618.11. ASTM C150 Type III and ASTM C1157 Type HE cements may be used. BID NO # 82000187 Page 123 4 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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. 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. (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. (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 19 mm ('/a inch) sieve and retained on the12.5 mm ('/ 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 (' 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 BID NO # B2000187 Page 124 5 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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. Figure 601-1 Workability Box Workability Factor 50 45 40 35 30 25 20 0 C A B 80 70 60 50 Coarseness Factor 40 30 (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 (J 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 Self Consolidating Concrete (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 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 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 following subsections: 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 BID NO # B2000187 Page 125 6 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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: (1) Tensile strength shall be a minimum of 65 ksi (2) Modulus of Elasticity shall be a minimum of 1,000 ksi (3) Cut length shall be 1.5 to 2.2 inches (4) Aspect Ratio shall be 50 to 100 601.04 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 Class 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 BID NO # B2000187 Page 126 7 REVISION OF SECTION 601 STRUCTURAL 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 (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. (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, Ill 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 BID NO # B2000187 Page 127 8 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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 to 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. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (5) Class H and HT concrete shall include a measurement of permeability by ASTM C1202 Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration. (6) Class H, HT and 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. (7) 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. (8) Concrete with an OG 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. (9) 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. (10)SCC concrete shall include ASTM C1621 Standard Test Method for Passing Ability of Self -Consolidating Concrete by J -Ring. (11)SCC concrete shall include ASTM C1610 Standard Test Method for Static Segregation of Self -Consolidating Concrete Using Column Technique. (12)For air entrained concrete, the SAM number according to AASHTO TP118, Characterization of the Air -Void System of Freshly Mixed Concrete by the Sequential Pressure Method (Super Air Meter) shall be reported. The SAM meter readings for each step shall be included. In addition, two 4"x8" cylinders shall be cast from the same batch of concrete and submitted to the Engineer with the mix design. A SAM leak test shall be performed prior to the SAM testing. Results of the leak test shall be included in the SAM data. BID NO # B2000187 Page 128 9 REVISION OF SECTION 601 STRUCTURAL CONCRETE Concrete for bridge sidewalk 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: (1) AASHTO T 11 (ASTM C117) Materials Finer Than 75 um (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 1O4 (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. BID NO # B2000187 Page 129 10 REVISION OF SECTION 601 STRUCTURAL CONCRETE (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 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 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. BID NO # B2000187 Page 130 11 REVISION OF SECTION 601 STRUCTURAL CONCRETE (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: (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 BID NO # B2000187 Page 131 12 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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. 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. For Class H and HT concrete, water shall not be added after the initial mixing. All water shall be added at the plant. Slump adjustment shall be made through the addition of an approved Type A or dual rated Type A and F water reducing admixture. 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. Except for Class H and HT concrete, 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 Except for Class H and HT concrete, 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. BID NO # B2000187 Page 132 13 REVISION OF SECTION 601 STRUCTURAL CONCRETE 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 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. BID NO # B2000187 Page 133 14 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. In subsection 601.12(9) delete the fifth paragraph and replace with the following: When concrete is placed by pumping, the pumping equipment shall be thoroughly cleaned prior to concrete placement. Excess form release agent shall be removed from the hopper. The pump shall be primed at the Contractor's expense by pumping and discarding enough concrete to produce a uniform mix exiting the pump. At least 0.25 cubic yards of concrete shall be pumped and discarded to prime the pump. Water or admixtures shall not be added directly into the concrete pump hopper after placement has commenced. If water or admixtures are added to the concrete pump hopper, all concrete in the concrete pump hopper and the line shall be discarded and the pump shall be re -primed at the Contractor's expense. In subsection 601.15 delete the second paragraph and replace with the following: A Pre -placement Conference shall be held at a time mutually agreed upon before the initial placement of bridge deck concrete. Representatives of the ready mix producer and the Contractor shall meet with the Engineer to discuss the following topics: 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 BID NO # B2000187 Page 134 1 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall be revised to include the following: The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work directed by the Engineer and specified herein. All machinery and equipment shall be of size to meet the requirements of the work in a satisfactory manner. All work performed by the Contractor shall be subject to the inspection and approval of the Engineer's representative. Subsection 608.02 shall be revised to include the following: The Contractor will be required to supply concrete from a ready -mixed concrete plant; concrete mixed on -site will not be accepted under any circumstances. The addition of admixtures or additives on site will not be permitted without the approval of the Engineer. Subsection 608.03(a) shall be revised to include the following: Subgrade Preparation. Placement, compaction, and grading of the subgrade to the final line and grades shall be completed prior to the placement of any concrete. All fill areas shall be compacted to 95% of maximum density in accordance with ASTM D 698 (Standard Proctor). The moisture content during placement of fill shall be within two percentage points of optimum moisture. Testing for adequate compaction shall be in accordance with the Section 203. Delete Subsection 608.03(b) and replace with the following: Forms. Concrete shall not be placed until all the forms have been inspected and approved by the Engineer or Inspector. Forms shall be of wood, metal, or other suitable material, and shall extend for the full depth of the concrete. All forms shall be straight, free from warp and of sufficient strength to resist the pressure of the concrete without springing. Bracing and staking of forms shall be such that the forms remain in both horizontal and vertical alignment until their removal. The forms shall be true to line and grade and shall be mortar -tight and rigid to prevent displacement and sagging between supports. Form removal shall not occur until the concrete has reached sufficient strength to withstand damage. At a minimum, forms shall be left in place a minimum of three (3) days following the concrete pour. Upon removal of the forms, the sidewalk shall be backfilled with the appropriate backfill material. Damage to the sidewalk during or after backfilling operations shall result in complete removal and replacement of the concrete sidewalk panel(s). Delete Subsection 608.03(c) and replace with the following: Placing Concrete. Concrete shall be placed on damp, compacted surfaces. All concrete shall be placed during daylight hours, unless otherwise approved by the Engineer. Concrete shall be placed as soon as practical after mixing and in no case later than 1 1/2 hours after the batch time. The methods and techniques of placing the concrete shall be such to avoid segregation. When necessary, troughs, pipes, and chutes shall be used to facilitate placement of the concrete. Dropping the concrete more than four feet or depositing large quantities at a single point will not be permitted. The proportioning, mixing, and placing of the concrete shall be in accordance with the requirements for the class of concrete specified. Delete Subsection 608.03(f) and replace with the following: Curing. Finished concrete shall include a light broom finish and be treated with a liquid membrane curing compound meeting the requirements of ASTM C 309, Type 2 (White Pigment). The method and details of curing shall be subject to the approval of the Engineer. During the curing period all traffic, both pedestrian and vehicular, shall be excluded. Vehicular traffic shall be excluded for such additional time as the Engineer may direct. END OF SECTION BID NO # B2000187 Page 135 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 — 2%" x 2%" square posts, 12 -gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 2. Anchors — 2%" x 2%" 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. 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. 5. All stop sign posts 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 sign posts will be measured by the length in linear feet of post installed. The reflective tape for the stop 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: Payment will be made under: Pay Item Pay Unit Steel Sign Post (2-1/4 Inch x2.-1/4 Inch Square Post) Lineal Foot Steel Sign Support (2-1/2 Inch NP -40) (Post) Lineal Foot Steel Sign Support (2-1/2 Inch NP -40 (Slipbase) Each END OF SECTION BID NO # B2000187 Page 136 1 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) Delete Subsection 620.02 and replace with the following: The requirements for a remote communication office trailer should 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's field office trailer will be utilized for this project . The Contractor shall transport the trailer to the project site and shall furnish all other related items in Section 620 and M-620-12, including but not limited to, furniture, printers, telephone service and power. The Weld County field office trailer is located at 1111 H Street. The 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 same or better condition. The Contractor shall be responsible for locating and installation 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 1/2 mile of the construction site. Field office shall stay on site and operational until final acceptance is given by the Engineer. If 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. BID NO # B2000187 Page 137 2 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) Subsection 620.07 shall include the following: Electricity: 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. Office Lighting: All overhead lighting shall meet OSHA and code requirements for office spaces. Ventilation: The field office trailer shall be equipped with heating, ventilation, and air conditioning systems adequate for office use. Parking: 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. Janitorial: 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: 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. Access: 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; 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. Office Furniture: Shall be in accordance with CDOT Standard Plan M-620-12 with the following exceptions: BID NO # B2000187 Page 138 3 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2) 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. Each office shall be provided with 2 rolling office chairs. All rolling office chairs are to be ergonomically designed. 3. The common area shall have a minimum of 15 metal folding chairs that can be used for meetings. 4. The common area shall be equipped with a conference table capable of seating a minimum of 8 people at the table. 5. Each office shall be provided with one folding table a minimum of 6 feet long. 6. A 5 -gallon drinking water cooler capable of providing hot and cold water shall be provided. 7. 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: Pay Item Pay Unit Field Office (Class 2) Each END OF SECTION BID NO # B2000187 Page 139 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: 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. 3DECS is the use of global positioning and or robotic instruments to guide construction equipment operations by comparing 3D model information in real time. For 3DECS, either the construction equipment is fed modeling information and makes automatic adjustments (machine control) or the equipment operator is fed the information and makes manual adjustments. The Contractor may use 3DECS, but 3DECS shall be used in conjunction with traditional construction survey techniques (i.e. story stakes). If 3DECS is used by the Contractor, a GPS rover with accurate and up to date files shall be made available to the County for the duration of the project in addition to the story stakes. 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. The County must verify the accuracy of those control points before construction operations can begin. 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 out 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. If the Contractor uses 3DECS, the following shall apply: (1) All surveying shall be based on the Primary Horizontal and Vertical Control established by the Department. (2) The Contractor shall provide construction stakes for the control points of the project centerline or Engineer approved offset line (i.e. POT, POC, PCC, PC, PT, TS, ST, SC, CS per the Survey Manual) and angle points, all of which shall be established from primary control monuments and their assigned coordinates as shown on the plans. (3) Staking for the project centerline or offset, shall be established from the project centerline control points as shown on the plans in order to provide a method of machine control equipment checks, inspection, and field verification. (4) The maximum staking interval for the project centerline shall be 100 feet on tangents and 25 feet on curves or as specified on the survey tabulation sheet. All project centerline control points as shown on the plans shall be staked. (5) Within the first week of the Contractor utilizing 3DECS, the Contractor shall check their 3DECS system and verify in writing to Weld County that the accuracy of the system complies with the contract requirements. 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 BID NO # B2000187 Page 140 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. If the Contractor needs to perform work on private property outside of the rights -of -way shown on the drawings, then the Contractor shall obtain 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 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 or TCE 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 BID NO # B2000187 Page 141 1 REVISION OF SECTION 628 PEDESTRIAN BRIDGE Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the coordination of delivery and erection of a modified bowstring top chord, welded self - weathering steel (ASTM A 709 Grade 50W), pedestrian truss bridge with a concrete deck in accordance with the specifications and plan details. The Contractor shall coordinate the delivery of the pre -fabricated bridge with the Bridge Manufacturer. MATERIALS 628.02 Deck Material. Reinforced concrete bridge decks shall be normal weight concrete (145 pounds per cubic foot maximum) and shall have a minimum compressive strength of 4,000 psi at 28 days, with an air content of 5% +i- 1%. The concrete mix design, materials, quality, mixing, placement, finishing and testing shall be in accordance with the requirements of Section 552 of FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP -03). The surface of deck concrete shall be finished with a sidewalk finish per Section 552.14(c) of FP -03. Bridge Manufacturer shall designate the estimated slab thickness and reinforcing requirements at time of quotation. These estimates are to be used for quoting purposes only. Actual quantities may vary during the final design process, with costs variances due to any changes to the quantities being the sole responsibility of the contractor. Contractor shall supply all concrete and reinforcing materials. 628.03 Fasteners. Structural bolts used to field splice or connect; all main members shall be ASTM A325, in accordance with the Specification for Structural Joints using ASTM A325 or A490 Bolts. The nuts for these structural bolts shall be ASTM A563. The Bridge Manufacturer shall determine the finish of the structural bolts. They will be either Type 3 (Weathering) or Type 1 (Hot -Dipped or Mechanically Galvanized) as specified by the Bridge Manufacturer. Bolts used for the connection of a rub rail shall be ASTM A307 or SAE J429 Grade 2, 1/4" diameter carriage bolts, zinc plated. Self -drilling fasteners for attachment of the form decking shall be #14 x 1" Zinc Plated Hex Washer Head Tek Screws. Power Actuated fasteners shall be Hilti sheet metal nail X-ENP-19 fastener. Other miscellaneous fasteners shall be ASTM A307 zinc plated or galvanized, as determined by the Bridge Manufacturer. 628.04 Expansion Joint. If the gap between the end of the bridge deck and the back wall of the foundation system is 1" or less, then no expansion joint cover is required. If the gap is greater than 1", then the joint shall be covered with a %" thick plate which attaches to the bridge and extends over the gap and onto the top of the foundation system back wall. This plate shall have its edges beveled at a 45 -degree angle to minimize the potential trip hazard. 628.05 Non -Shrink Grouting. The bridge will be supplied with a lower setting plate. This setting plate shall be leveled and shimmed to the proper elevation. The space between the lower surface of the setting plate and the foundation surface shall be filled with a non -shrink grout capable of achieving a minimum compressive strength of 4000 pounds per square inch. The cost of the leveling, shimming and non -shrink grout shall be the responsibility of the Contractor. BID NO # B2000187 Page 142 2 REVISION OF SECTION 628 PEDESTRIAN BRIDGE DELIVERY AND ERECTION 628.06 Delivery. Delivery shall be made via truck to a location nearest the site which is accessible to normal over - the -road equipment. All trucks delivering bridge materials shall be unloaded at the time of arrival. If the Contractor needs special delivery or delivery is restricted, they shall notify the Bridge Manufacturer prior to bid date. This includes site issues which may prevent over -the -road equipment from accessing the site. Steerable dollies are not used in the cost provided by the Bridge Manufacturer. Determining the length of bridge section which can be delivered is the responsibility of the Contractor and shall be communicated to the Bridge Manufacturer prior to the bid date. The Contractor shall coordinate the delivery date with the Bridge Manufacturer. CONSTRUCTION REQUIREMENTS 628.07 Submittals. The Contractor shall submit certified copies of all the required submittals per Section 105 and this Specification to the Engineer for review and approval. 628.08 Installation & Lifting Procedures. The Bridge Manufacturer will provide standard typical written procedures for lifting and splicing the bridge. All actual methods, equipment and sequence of erection used are the responsibility of the Contractor. All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC-SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a uniform color. 628.09 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor shall determine the anchor bolt requirements and substructure dimensions needed to properly erect the structure. The Engineer shall be provided with two copies of detail sheets delineating these requirements before work begins. The Contractor shall comply with CDOT Standard Specification Subsection 509.26 through 509.31 for Field Construction Requirements paying particular attention to Section 509.28 for Connections Using High -Strength Bolts. Fastener assemblies shall be tested using a Calibrated Tension Measuring Device. DTI washers shall be subject to tension verification by use of a separate direct tension measuring device. A Pre -Erection Conference will be held at least one week prior to the beginning of erection. At least one week prior to the Pre -Erection Conference, the Contractor shall submit an Erection Plan (as specified in Section 509) to the Engineer for review. The Erection Plan will be reviewed by the Engineer. Written comments submitted by the Engineer shall be discussed at the Pre -Erection Conference and incorporated into the Final Erection Plan. The Final Erection Plan shall be signed and sealed by the Contractor's Engineer and Marked "Approved for Construction". If false work drawings are required, they shall conform to and be submitted in accordance with subsection 601.11. When a bridge spans traffic of any kind, including those where vehicles, railroad, watercraft or pedestrians have access onto, underneath or adjacent to, the Contractor's Professional Engineer shall inspect and provide stamped written approval of the stability of the erected bridge components prior to opening the area beneath the bridge to traffic. The Contractor is responsible for coordination of any inspection and submittal of construction documents with the local agencies, railroad etc. as required. METHOD OF MEASUREMENT 628.10 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and accepted. BASIS OF PAYMENT 628.11 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment will be BID NO # B2000187 Page 143 made under: 3 REVISION OF SECTION 628 PEDESTRIAN BRIDGE PAY ITEM PAY UNIT Pedestrian Bridge (Installation) EA Payment shall be full compensation for all work necessary to complete the item, which shall include but not be limited to coordination of delivery to the bridge site, erection, inspection and construction including deck, railing, and other items as shown on the plans. The abutments shall be measured and paid for separately. Payment will not be made for this item until all required reports, certifications, and forms have been submitted to the Engineer. END OF SECTION BID NO # B2000187 Page 144 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 F/A Minor Contract Revisions F/A Erosion Control Estimated Quantity F/A F/A Amount $50,000 $15,000 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 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. Failure to obtain pre -approval will result in the materials being supplied to the project at no additional cost. END OF SECTION BID NO # B2000187 Page 145 1 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsections 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 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 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 or near the limits of this project are: Utility Owner Utility Type Contact Phone/Email Central Colorado Water Private Electric John Fingerlin 970-539-0162 Conservancy District Source Gas Gas Line Magellan Midstream Gas Line Brian Brewer 303-204-2476 Brian.brewer@magellanlp.com Western Midstream Gas Line Ken Green 720-759-9320 James Mabey 720-552-0296 Seth Foos 720-522-1420 Mario Mora 303-827-4982 Jake Avalos 720-534-7965 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 locations of buried lines 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 within 10 feet of any areas of disturbance, the Contractor shall obtain pothole information on the utility as needed to ensure no damage to the utility. The pothole information including horizontal and vertical position shall be stamped and signed by a registered PLS licensed in the State of Colorado. 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 BID NO # B2000187 Page 146 1 GENERAL 404 PERMIT The proposed work as shown on the plans is authorized by the Department of the Army Nationwide Permit (NWP) Nationwide Permit 14 Linear Transportation Projects, file number NOW-2020-01458-DEN.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, Southern Denver Regulatory Office, 9307 South Wadsworth Blvd, Littleton, CO 80128-6901, (719) 543-9459, Attention: Mr. Nicholas Franke. A copy of this permit is available from the Project Engineer and is included in this document under Appendix B. BID NO # B2000187 Page 147 COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIAL PROVISIONS Date Igg Revision of Section 625 — Construction Surveying (October 1, 2019) 149 BID NO # B2000187 Page 148 October 1, 2019 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: Subsection 625.01 shall include the following: If the Revision of Section 102 Project Plans and Other Data states 3D modeling data is available, the Contractor may choose to perform 3D Engineered Construction Surveying (3DECS). 3DECS is the use of global positioning and or robotic instruments to guide construction equipment operations by comparing 3D model information in real time. For 3DECS, either the construction equipment is fed modeling information and makes automatic adjustments (machine control) or the equipment operator is fed the information and makes manual adjustments. In subsection 625.04, delete the first paragraph and replace with the following: The Contractor shall perform all construction surveying and staking necessary for construction of the project. Construction surveying and staking shall be based on the Primary Horizontal and Vertical Control established by the Department. Bid items which require stakes to be set by the Contractor's Surveyor are shown on the Surveyor Tabulation Sheet of the plans and shall be in accordance with the CDOT Survey Manual Chapter 6. If the Contractor uses 3D Engineered Surveying the following shall apply: (1) All surveying shall be based on the Primary Horizontal and Vertical Control established by the Department. (2) The Contractor shall provide construction stakes for the control points of the project centerline or Engineer approved offset line (i.e. POT, POC, PCC, PC, PT, TS, ST, SC, CS per the Survey Manual) and angle points, all of which shall be established from primary control monuments and their assigned coordinates as shown on the plans. (3) Staking for the project centerline or offset, shall be established from the project centerline control points as shown on the plans in order to provide a method of machine control equipment checks, inspection, and field verification. (4) The maximum staking interval for the project centerline shall be 500 feet on tangents and 100 feet on curves or as specified on the survey tabulation sheet. All project centerline control points as shown on the plans shall be staked. (5) Within the first week of the Contractor utilizing 3DECS, the Contractor shall check their 3DECS system and verify on writing to CDOT that the accuracy of the system complies with the contract requirements. At no cost to the Department, the Contractor shall revert to traditional surveying and disband using 3DECS should the Engineer determine the existence of contractor quality or accuracy issues related to 3DECS. Subsection 625.06 shall include the following: 3D Engineered surveying accuracy and tolerances shall be the same as the staking accuracy and tolerances stated in the CDOT Survey Manual. Subsection 625.13 shall include the following: All costs associated with 3DECS surveying will not be measured and paid for separately but shall be included in the work. BID NO # B2000187 Page 149 Appendix A Geotech Report BID NO # B2000187 Page 150 lierracon GeoReport Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 Prepared for: J -U -B Engineers, Inc. Fort Collins, Colorado Prepared by: Terracon Consultants, Inc. Longmont, Colorado Terracon Consultants. Inc 1831 Lefthand Circle, Suite C Longmont, Colorado 80501 P (303) 776 3921 F (303) 776 4041 terracon corn Environmental Facilities Geotechnical Materials BID NO # B2000187 Page 151 May 21, 2020 J -U -B Engineers, Inc. 4745 Boardwalk Drive, Building D, Suite 200 Fort Collins, Colorado 80525 Attn: Ms. Amber Morse, P.E. P: (970) 658-4360 E: amorse@jub.com Re: Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Northeast of 1-25 and County Road 24.5 Weld County, Colorado Terracon Project No. 22205012 Dear Ms. Morse: lierracon GeoReport Terracon Consultants, Inc. (Terracon) has completed the geotechnical engineering services for the project referenced above. This study was performed in general accordance with Terracon Proposal No. P22205012 dated March 30, 2020. This report presents the findings of the subsurface exploration and provides geotechnical recommendations concerning earthwork and the design and construction of foundations for the proposed project. We appreciate the opportunity to be of service to you on this project. Materials testing and construction observation services are provided by Terracon as well. We would be pleased to discuss these services with you. If you have any questions concerning this report, or if we may be of further service, please contact us. Sincerely, rerrracon Consultants, Inc Christopher S. Gavot, E.I. Field Engineer u cCC ge Lire4 4,1? -.1(1 Eric D. Bernhardt.�J Geotechnical Depart `ittUc0(L Contuiime 441 Marts t+OtVi1 Olive NOS %. binrt :;•olctartri err:. e L' t'H 41W 4364 P110) 484 o4Ml iorrast►n teem er BID NO # B2000187 Page 152 REPORT TOPICS INTRODUCTION 1 SITE CONDITIONS 1 PROJECT DESCRIPTION 2 GEOTECHNICAL CHARACTERIZATION ,. 2 GEOTECHNICAL OVERVIEW 4 EARTHWORK ... 5 DEEP FOUNDATIONS 11 SHALLOW FOUNDATIONS 13 SEISMIC CONSIDERATIONS 17 BELOW -GRADE STRUCTURES 17 CORROSIVITY 19 GENERAL COMMENTS 19 Note: This report was originally delivered in a web -based format Orange Bold text in the report indicates a referenced section heading_ The PDF version also includes hyperlinks which direct the reader to that section and clicking on the GeoReport logo will bring you back to this page For more interactive features, please view your project online at client terracon corn ATTACHMENTS EXPLORATION AND TESTING PROCEDURES SITE LOCATION AND EXPLORATION PLANS EXPLORATION RESULTS SUPPORTING INFORMATION Note: Refer to each individual Attachment for a listing of contents Responsive • Resourceful s Reliable 1 BID NO # B2000187 Page 153 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge . Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 REPORT SUMMARY lierracon GeoReport Topic Overview Statement A geotechnical exploration has been performed for the proposed Hokestra Gravel Pit Project Pedestrian Bridge to be constructed at northeast of the Intersection of 1-25 and Overview County Road 24.5 in Weld County. Colorado. One (1) boring was performed to a deftth of approximately 20 feet below existing site grade. Subsurface conditions encountered in our exploratory boring generally consisted of about 4 feet of poorly graded sand with varying amounts of silt and lean clay over about Subsurface 14 feet of well -graded sand with gravel and varying amounts of silt. Claystone bedrock Conditions was encountered below the overburden soils at a depth of approximately 18 feet below existing site grades. Boring logs are presented in the Exploration Results section of this report. Groundwater was encountered in our test boring at a depth of about 11.5 foot below Groundwater existing site grades at the time of drilling. Groundwater levels can fluctuate in response Conditions to site development and to varying seasonal and weather conditions, irrigation on or adacent to the site and fluctuations in nearby water features. Geotechnical Concerns Existing, undocumented fill was encountered in the boring performed on this site to a depth of about 4 feet below existing site grades. Existing fill could exist at other locations on the site and extend to greater depths. We do not possess any information regarding whether the fill was placed under the observation of a geotechnical engineer. Undocumented fill can present a greater than normal risk of post -construction movement of foundations and pavements and other site improvements supported on or above these materials. The existing fill soils should be removed and replaced with engineered fill beneath proposed foundations and approach pavements. • Very loose sand soils were encountered to depths of about 6 to 8 feet in the boring completed at the site. These materials can present a greater risk for movement and settlement of proposed structure and pavements. These materials can also be susceptible to disturbance and loss of strength under repeated construction traffic loads and unstable conditions could develop. Stabilization of loose soils may be required at some locations to provide adequate support for construction equipment and proposed structures. Terracon should be contacted if these conditions are encountered to observe the conditions exposed and to provide guidance regarding stabilization (if needed) • As previously stated, groundwater was measured at a depth of about 11.5 feet below existing site grades. It is also possible and likely that groundwater levels below this site may rise as water levels in nearby water features rise. Final site grading should be planned and designed to avoid cuts where shallow groundwater is known to exist and also in areas where such grading would create shallow groundwater conditions. Where cuts below groundwater are unavoidable, temporary construction dewatering will be needed. Responsive • Resourceful • Reliable BID NO # B2000187 Page 154 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge northeast of the Intersection of 1-25 and County Road 24.5 Weld County, Colorado Terracon Project No. 22205012 May 22, 2020 INTRODUCTION This report presents the results of our subsurface exploration and geotechnical engineering services performed for the proposed pedestrian bridge located northeast of the Intersection of l- 25 and County Road 24.5 in Weld County, Colorado The purpose of these services is to provide information and geotechnical engineering recommendations relative to: Subsurface soil and rock conditions Groundwater conditions Site preparation and earthwork Excavation considerations Foundation design and construction Seismic considerations Lateral earth pressures Frost considerations The geotechnical engineering scope of services for this project included the advancement of one test boring to a depth of approximately 20 feet below existing site grades. Maps showing the site and boring location are shown in the Site Location and Exploration Plan sections, respectively. The results of the laboratory testing performed on soil and bedrock samples obtained from the site during the field exploration are included on the boring log and as separate graphs in the Exploration Results section of this report. SITE CONDITIONS The following description of site conditions is derived from our site visit in association with the field exploration and our review of publicly available geologic and topographic maps Item Parcel Information Existing Improvements Description The project site is located northeast of the intersection of Interstate -25 and County Road 24Y2 in Weld County. Colorado The approximate Latitude/Longitude of the center of the site is 40 17 531 a N/104 97391'W See Site Location We understand the site was originally utilized for mining of aggregates and several ponds remain The ponds are surrounded by aggregate -surfaced and concrete roads/walk-ways and native vegetation Current Ground Cover Ground cover in the area of exploration is native grasses and weeds. Responsive • Resourceful • Reliable BID NO # B2000187 Page 155 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 llbrracon GeoReport Item Existing Topography The site is relatively flat. Description PROJECT DESCRIPTION Our final understanding of the project conditions is as follows: Item Description Information Provided Information was provided to us by JUB through email and phone calls. Project Description We understand fabricated understand pedestrian the bridge the project bridge will span includes planned across the at a design the small Hokestra river/stream of abutments Gravel or irrigation pit for a site. canal. - pre We Maximum (assumed) Loads . Abutments: 20 to 50 kips Grading/Slopes We anticipate to achieve proposed minor cuts grades. and fills on the order of 8 feet or less will be required Free-standing Retaining Walls Wing achieve walls final are expected grades. Wall to be heights constructed of up to 6 as feet part are of anticipated. site development to Scour Considering is an irrigation associated scour. the water ditch, feature we do over which not anticipate the significant proposed bridge water flow will span across speeds and If project information or assumptions vary from what is described above or if location of construction changes, we should be contacted as soon as possible to confirm and/or modify our recommendations accordingly. GEOTECHNICAL CHARACTERIZATION Subsurface Profile Stratification boundaries on the boring logs represent the approximate location of changes in soil types: in situ, the transition between materials may be gradual. Details for each of the borings can be found in Exploration Results. A discussion of field sampling and laboratory testing procedures and test results are presented in Exploration and Testing Procedures. Based on the results of the borings, subsurface conditions on the project site can be generalized as follows: Responsive g Resourceful a Reliable BID NO # B2000187 Page 156 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport Material Description Approximate Bottom of Stratum Depth to Consistency/Density/Hardness Fill materials with silt consisting and lean day of sand About 4 site feet grades. below existing Sand and gravel with silt About 18 feet site grades. below existing Very loose to medium dense Claystone bedrock exploration To the maximum of about depth 20 of feet. Hard to Very Hard Groundwater Conditions The borehole was observed while drilling and shortly after completion for the presence and level of groundwater. The water levels observed in the borehole are noted on the attached boring log, and are summarized below: Boring Number 1 Depth to Groundwater While Elevation of Groundwater After Drilling, ft. Drilling, ft. 11.5 Borehole destroyed These observations represent short-term groundwater conditions at the time of and shortly after the field exploration and may not be indicative of other times or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions. and other factors. Groundwater level fluctuations occur due to seasonal variations in the water levels present in nearby water features. amount of rainfall, runoff and other factors not evident at the time the boring was performed. Therefore, groundwater levels during construction or at other times in the life of the structure may be higher or lower than the levels indicated on the boring log. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. Laboratory Testing Samples of site soils and bedrock selected for plasticity testing exhibited low to moderate plasticity with liquid limits ranging from non -plastic to 42 and plasticity indices ranging from non -plastic to 28. Dry unit weights ranged from about 102 to 112 pounds per cubic foot with moisture content ranging from 2% to 19%. Laboratory test results are presented in the Exploration Results section of this report. Responsive o Resourceful . Reliable BID NO # B2000187 Page 157 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 GEOTECHNICAL OVERVIEW lierracon GeoReport Based on subsurface conditions encountered in the boring the site appears suitable for the proposed construction from a geotechnical point of view provided certain precautions and design and construction recommendations described in this report are followed. We have identified several geotechnical conditions that could impact design. construction and performance of the proposed pedestrian bridge and other site improvements. These included existing, undocumented fill. shallow groundwater, and potentially loose sand soils. These conditions will require particular attention in project planning, design and during construction and are discussed in greater detail in the following sections. Mine Subsidence Potential Review of coal mine subsidence maps completed by the Colorado Geological Survey ('Amuedo and ivy, 1975), indicates the subject property is not located within the boundaries of a coal subsidence hazard as defined by this study. Evaluation of risk associated with subsidence at the site is beyond the scope of this report. If the owner is concerned about the potential for such subsidence hazards, other studies should be undertaken. Existing, Undocumented Fill As previously noted. existing undocumented fill was encountered to depths up to about 4 feet in the boring drilled at the site. Existing fill could exist at other locations on the site and extend to greater depths. We do not possess any information regarding whether the fill was placed under the observation of a geotechnical engineer. Undocumented fill can present a greater than normal risk of post -construction movement of foundations and other site improvements supported on or above these materials. Consequently, it is our opinion existing fill on the site should not be relied upon for support and should be removed down to native soil, moisture conditioned and recompacted prior to new fill placement and/or construction. Shallow Groundwater As previously stated, groundwater was measured at a depth of about 11.5 feet below existing site grades. Terracon recommends maintaining a separation of at least 3 feet between the bottom of proposed below -grade footing foundations during construction and measured groundwater levels. It is also possible and likely that groundwater levels below this site may rise as water levels in the nearby water features rise. Final site grading should be planned and designed to avoid cuts where shallow groundwater is known to exist, and also in areas where such grading would create shallow groundwater conditions. Where cuts below groundwater are unavoidable. temporary construction dewatering will be needed. Responsive g Resourceful ® Reliable BID NO # B2000187 Page 158 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge - Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 Low Strength Soils lierracon GeoReport Very loose sand soils were encountered within the upper approximately 6 to 8 feet of the boring completed at this site. These materials present a risk for potential settlement of shallow foundations and other surficial improvements. These materials can also be susceptible to disturbance and loss of strength under repeated construction traffic loads and unstable conditions could develop. Stabilization of loose soils may be required at some locations to provide adequate support for construction equipment and proposed structures. Terracon should be contacted if these conditions are encountered to observe the conditions exposed and to provide guidance regarding stabilization (if needed). Foundation and Floor System Recommendations Very loose sand soils were encountered at anticipated shallow foundation bearing depths. We recommend constructing the proposed pedestrian bridge on a drilled pier foundation system bottomed in bedrock. As a slightly higher risk alternative, we believe the proposed building can be constructed on a spread footing foundation system, provided the soils are over -excavated to a depth of at least 2 feet below the bottom of footings and replaced with moisture conditioned, properly compacted fill. If drilled piers are selected, the drilled shafts will extend through granular soils that are below the water table. Due to the presence of groundwater and caving soils, we anticipate casing of the pier shafts and/or drilling slurry well be needed during drilled pier installation and construction Design recommendations for foundations for the proposed structures and related structural elements are presented in the following sections. The General Comments section provides an understanding of the report limitations. EARTHWORK The following presents recommendations for site preparation, excavation, subgrade preparation, fill materials, compaction requirements, grading and drainage. Earthwork on the project should be observed and evaluated by Terracon. Evaluation of earthwork should include observation and/or testing of over -excavation, removal of existing fill. subgrade preparation, placement of engineered fills, subgrade stabilization and other geotechnical conditions exposed during the construction of the project. Site Preparation Prior to placing any fill, strip and remove existing vegetation, topsoil, and any other deleterious materials from the proposed construction area. As previously stated, we also recommend complete removal of existing, undocumented fill within proposed shallow foundation areas (if shallow footings Responsive a Resourcetul Reliable BID NO # B2000187 Page 159 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County. Colorado May 22, 2020 Terracon Project No. 22205012 lierracon ?ieoReport are selected). Existing fill was encountered in our boring extending to a depth of about 4 feet below existing site grades. Stripped organic materials should be wasted from the site or used to re -vegetate landscaped areas or exposed slopes after completion of grading operations. Prior to the placement of fills. the site should be graded to create a relatively level surface to receive fill, and to provide for a relatively uniform thickness of fill beneath proposed structures. If fill is placed in areas of the site where existing slopes are steeper than 5:1 (horizontal:vertical), the area should be benched to reduce the potential for slippage between existing slopes and fills. Benches should be wide enough to accommodate compaction and earth moving equipment, and to allow placement of horizontal lifts of fill. Excavation It is anticipated that excavations for the proposed construction can be accomplished with conventional earthmoving equipment. Excavations into the on -site soils will encounter weak and/or saturated soil conditions with possible caving conditions. The soils to be excavated can vary significantly across the site as their classifications are based solely on the materials encountered in a single test boring. The contractor should verify that similar conditions exist throughout the proposed area of excavation. If different subsurface conditions are encountered at the time of construction. the actual conditions should be evaluated to determine any excavation modifications necessary to maintain safe conditions. Although evidence underground facilities such as grease pits, septic tanks, vaults, basements, and utilities was not observed during the site reconnaissance, such features could be encountered during construction. If unexpected underground facilities are encountered. such features should be removed and the excavation thoroughly cleaned prior to backfill placement and/or construction. Any over -excavation that extends below the bottom of foundation elevation should extend laterally beyond all edges of the foundations at least 8 inches per foot of over -excavation depth below the foundation base elevation. The over -excavation should be backfilled to the foundation base elevation in accordance with the recommendations presented in this report Depending upon depth of excavation and seasonal conditions, surface water infiltration and/or groundwater may be encountered in excavations on the site. It is anticipated that pumping from sumps may be utilized to control water within excavations. The subgrade soil conditions should be evaluated during the excavation process and the stability of the soils determined at that time by the contractors' Competent Person. Slope inclinations flatter than the OSHA maximum values may have to be used. The individual contractor(s) should be Responsive a Resourceful a Reliable BID NO # B2000187 Page 160 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22. 2020 Terracon Project No. 22205012 lierracon aRep ofl made responsible for designing and constructing stable. temporary excavations as required to maintain stability of both the excavation sides and bottom. All excavations should be sloped or shored in the interest of safety following local, and federal regulations, including current OSHA excavation and trench safety standards. As a safety measure, it is recommended that all vehicles and soil piles be kept a minimum lateral distance from the crest of the slope equal to the slope height. The exposed slope face should be protected against the elements Subgrade Preparation After the undocumented existing fill has been removed from the foundation area, the top 10 inches of the exposed ground surface should be scarified. moisture conditioned, and recompacted to at least 95 percent of the maximum dry unit weight as determined by ASTM D698 before any new fill or foundation is placed. If pockets of soft. loose, or otherwise unsuitable materials are encountered at the bottom of the foundation excavations and it is inconvenient to lower the foundations, the proposed foundation elevations may be reestablished by over -excavating the unsuitable soils and backfilling with compacted engineered fill or lean concrete. Design Footing Level It‘ Recommended Etcavation Level Lean Concrete Backfill Design Footing Level Recommended Excavation Level • Overexcavation / Backfill NOTE Excavations in sketches shown vertical for convenience Excavations should be sloped as necessary for safety In addition, large cobbles may be encountered beneath foundation areas. Such conditions could create point loads on the bottom of foundations. increasing the potential for differential foundation movement. If such conditions are encountered in the foundation excavations, the cobbles and/or boulders should be removed and be replaced with engineered fill, conditioned to near optimum moisture content and compacted. After the bottom of the excavation has been compacted, engineered fill can be placed to bring the foundation pad to the desired grade. Engineered fill should be placed in accordance with the recommendations presented in subsequent sections of this report. Responsive e Resourceful ■ Reliable BID NO # B2000187 Page 161 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport The stability of the subgrade may be affected by precipitation, repetitive construction traffic or other factors. If unstable conditions develop, workability may be improved by scarifying and drying. Alternatively, over -excavation of wet zones and replacement with granular materials may be used, or crushed gravel and/or rock can be tracked or "crowded" into the unstable surface soil until a stable working surface is attained. Use of cement or geosynthetics could also be considered as a stabilization technique. Laboratory evaluation is recommended to determine the effect of chemical stabilization on subgrade soils prior to construction. Lightweight excavation equipment may also be used to reduce subgrade pumping. Fill Materials The on -site soils or approved granular and low plasticity cohesive imported materials may be used as fill material. Bedrock excavated during drilled pier construction can be reused as fill provided the material is broken down and thoroughly processed to a "soil -like" consistency, with no particles greater than 2 inches in size. The earthwork contractor should expect significant mechanical processing and moisture conditioning of the site soils and/or bedrock will be needed to achieve proper compaction CDOT Class 1 structure backfill should meet the following material property requirements: Gradation Percent finer by weight (ASTM C136/0422) 2' 1 100 No. 4 Sieve 30-100 No. 50 Sieve 10-60 No. 200 Sieve 5-20 Soil Properties Liquid Limit Plasticity Index Values 35 (max. ) 6 (max.) Imported soils (if required) should meet the following material property requirements: Gradation Percent finer by weight (ASTM C136) 4" 100 3" 70-100 No. 4 Sieve 50-100 No. 200 Sieve 15-50 Responsive a Resourceful s Reliable BID NO # B2000187 Page 162 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge • Weld County. Colorado May 22. 2020 Terracon Project No. 22205012 Soil Properties lierracon GeoReport Values Liquid Limit 35 (max.) Plasticity Index 15 (max.) Other import fill materials types may be suitable for use on the site depending upon proposed application and location on the site. and could be tested and approved for use on a case -by -case basis. Compaction Requirements Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift. Item Description Fill lift thickness 9 propelled 4 equipment inches to 6 or compaction inches (i.e. less jumping in in loose equipment loose jack thickness or thickness plate is used compactor) when when heavy, hand is -guided used self - Minimum compaction requirements 95 AASHTO 95 AASHTO percent percent T99 T180 of of the the maximum dry maximum dry for aggregate unit unit base weight weight course as determined as determined by by Moisture content cohesive soil (clay) -1 to +3 % of the optimum moisture content Moisture (sand) content cohesionless soil -3 to +3 % of the optimum moisture content We recommend engineered fill be tested for moisture content and compaction during placement. Should the results of the in -place density tests indicate the specified moisture or compaction limits have not been met, the area represented by the test should be reworked and retested as required until the specified moisture and compaction requirements are achieved. Specifically, moisture levels should be maintained low enough to allow for satisfactory compaction to be achieved without the fill material pumping when proof rolled. Moisture conditioned clay materials should not be allowed to dry out. A loss of moisture within these materials could result in an increase in the material's expansive potential. Subsequent wetting of these materials could result in undesirable movement. Grading and Drainage Grades must be adjusted to provide effective drainage away from the proposed bridge during construction and maintained throughout the life of the proposed project. Infiltration of water into foundation excavations must be prevented during construction. Landscape irrigation (if any) adjacent to foundations should be minimized or eliminated Water permitted to pond near or adjacent to the perimeter of the structure (either during or post -construction) can result in significantly higher soil movements than those discussed in this report. As a result, any Responsive a Resourceful s Reliable BID NO # B2000187 Page 163 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County. Colorado May 22. 2020 Terracon Project No. 22205012 I lerracon GeoReport estimations of potential movement described in this report cannot be relied upon if positive drainage is not obtained and maintained. and water is allowed to infiltrate the fill and/or subgrade. Pavements will be subject to post -construction movement Maximum grades practical should be used for paving to prevent areas where water can pond. In addition. allowances in final grades should take into consideration post -construction movement of flatwork, particularly if such movement would be critical. Where paving or flatwork abuts the bridge structure, care should be taken that joints are properly sealed and maintained to prevent the infiltration of surface water. Exterior Slab Design and Construction Exterior slabs on -grade, exterior architectural features. and utilities (if any) founded on, or in backfill or the site soils will likely experience some movement due to the volume change of the material. Potential movement could be reduced by: Minimizing moisture increases in the backfill. Controlling moisture -density during placement of the backfill: Using designs which allow vertical movement between the exterior features and adjoining structural elements; and Placing control joints on relatively close centers. Construction Observation and Testing The earthwork efforts should be monitored under the direction of Terracon. Monitoring should include documentation of adequate removal of vegetation and topsoil. proof rolling, and mitigation of areas delineated by the proof roll to require mitigation Each lift of compacted fill should be tested. evaluated, and reworked as necessary until approved by Terracon prior to placement of additional lifts. In areas of foundation excavations, the bearing subgrade and exposed conditions at the base of the recommended over -excavation should be evaluated under the direction of Terracon. In the event that unanticipated conditions are encountered. Terracon should prescribe mitigation options. In addition to the documentation of the essential parameters necessary for construction. the continuation of Terracon into the construction phase of the project provides the continuity to maintain Terracon's evaluation of subsurface conditions, including assessing variations and associated design changes. Responsive 4 Resourceful . Reliable BID NO # B2000187 Page 164 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 DEEP FOUNDATIONS Drilled Piers Bottomed in Bedrock - Design Recommendations lierracon GeoReport Drilled piers bottomed in bedrock can be used for the support of the proposed bridge and wingwalls. The following analysis was completed based on the AASHTO LRFD Bridge Design Specifications. Note that the original scope included field exploration for anticipated shallow foundations and therefore did not include the necessary depth of exploration specified by AASHTO LRFD bridge design for the design of deep foundations. We have reviewed data from nearby studies to supplement the field data obtained by this study and aid in preparing LRFD parameters for deep foundations. Description Minimum pier diameter Minimum bedrock embedment Value 18 inches 8 feet Drilled piers should be embedded into competent bedrock materials. Actual structural loads and pier diameters may dictate embedment deeper than the recommended minimum bedrock embedment. Layer Type Approximate Elevation Bottom Stratum (feet) of Ultimate Resistance (kips/ft2) Side Side Resistance Factor (c)) Ultimate Resistance (kips/ft2) Tip Resistance Factor Tip (4)) to Soil: lean silty clay sand fill 4,826 - 4.822 I - - - Soil: graded with gravel silt well sand and 4,822 — 4,817 1.5 0.55 - - Soil: with silty sand gravel 4,817 — 4,808 1.5 0.55 - - Siltstone sandstone Rock: bedrock to 1 t 4,808 maximum depth exploration - 4.806 of 10.5 0.55 150 0.50 Resistance from the portion of the drilled shaft passing through the top 5 feet of soil or for the entire depth of the existing undocumented fill should be neglected. In addition, any portion of embedment into rock where casing has been advanced during constructed should be neglected. Site grading details were not fully understood at the time we prepared this report. If significant fills are planned in the proposed structure areas. longer drilled pier lengths may be required. Piers Responsive e Resourceful s Reliable BID NO # B2000187 Page 165 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport should be considered to work in group action if the horizontal spacing is less than three pier diameters. A minimum practical horizontal clear spacing between piers of at least three diameters should be maintained, and adjacent piers should bear at the same elevation. The capacity of individual piers must be reduced when considering the effects of group action. Capacity reduction is a function of pier spacing and the number of piers within a group. Parameters CDOT Structure Backfill Class 1 Fill: Graded with Lean Poorly Silt Sand Clay and Well -graded Sand Silt Gravel with and Silty Sand with Gravel Claystone Bedrock LPILE soil type Sand (Reese) Sand (Reese) Sand (Reese) Sand (Reese) Stiff Clay without water (Reese) Effective above (pcf) unit weight groundwater 125 120 115 125 120 (pcf) Effective below unit weight groundwater 65 - - 65 120 Friction (degrees) angle, 34 20 _ 30 34 - Coefficient subgrade above (pci) of reaction groundwater, k 90 50 90 90 - (pci) Coefficient subgrade below groundwater, of reaction k Static Ks (pci) - - - - 2.000 Cyclic Ks (pci) - - - - 800 Strain, Eso (%) t 0.004 Cohesion (psi) 63.4 Uniaxial strength, compressive Q„ (psi) - - 87 For purposes of LPILE analysis, assume a groundwater depth of about 11 feet below existing ground surface (approximately Elev 4.815 feet). Drilled Piers Bottomed in Bedrock - Construction Considerations Groundwater/caving soil conditions indicate temporary steel casing will likely be required to properly drill and clean piers prior to concrete placement. Groundwater should be removed from Responsive GI Resourceful • Reliable BID NO # B2000187 Page 166 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport each pier hole prior to concrete placement. Pier concrete should be placed immediately after completion of drilling and cleaning. If pier concrete cannot be placed in dry conditions, a tremie should be used for concrete placement. Free -fall concrete placement in piers will only be acceptable if provisions are taken to avoid striking the concrete on the sides of the hole or reinforcing steel The use of a bottom -dump hopper, or an elephant's trunk discharging near the bottom of the hole where concrete segregation will be minimized, is recommended. Due to potential sloughing and raveling. foundation concrete quantities may exceed calculated geometric volumes. Casing should be withdrawn in a slow continuous manner maintaining a sufficient head of concrete to prevent infiltration of water or caving soils or the creation of voids in pier concrete. Pier concrete should have a relatively high fluidity when placed in cased pier holes or through a tremie. Pier concrete with slump in the range of 5 to 7 inches is recommended. We recommend the sides of each pier should be mechanically roughened in the claystone bearing strata. This should be accomplished by a roughening tooth placed on the auger. Shaft bearing surfaces must be cleaned prior to concrete placement. A representative of Terracon should observe the bearing surface and shaft configuration. Piers Working in Group Action Piers should be considered to work in group action if the center -to -center horizontal spacing is less than three pier diameters. A minimum practical center -to -center horizontal spacing between piers of at least three diameters should be maintained, and adjacent piers should bottom at the same elevation. The capacity of individual piers must be reduced when considering the effects of group action. Capacity reduction is a function of pier spacing and the number of piers within a group. The following table presents capacity reductions for closely spaced piers. Description Value Drilled Pier Spacing >3 diameters >2 to 3 diameters 1 to 2 diameters (Center -to -Center) Pier Capacity Reduction None 30 percent 50 percent (side resistance) End bearing values do not need to be reduced for closely spaced piers, if bottoms of piers are at the same elevation. SHALLOW FOUNDATIONS If the site has been prepared in accordance with the requirements noted in Earthwork, the following design parameters are applicable for shallow foundations. Responsive o Resourceful ■ Reliable BID NO # B2000187 Page 167 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County. Colorado May 22, 2020 Terracon Project No. 22205012 Spread Footings - Design Recommendations lierracon GeoRepo'rt Design recommendations for spread footing foundation systems are presented in the following table and paragraphs. Description Value Overexcavation / Modification Depth encountered) The overexcavated below recompacted All the moisture existing subgrade lowest conditioned, fill must to to foundation soils a materials subgrade minimum be should removed. and element, level. (if be 2 feet Supporting Stratum Engineered in recommendations accordance Fill placed and with in this compacted the report. Bearing Resistance ' Nominal/Ultimate Allowable 7,500 psf 2,500 psf Bearing Resistance Factor I.. 0.45 Minimum Embedment Below Finished Grade 3 feet Estimated Post -Construction Movement — — a- About -- 1 inch Estimated Differential Movement About '/z to % inch Ultimate Passive Lateral Earth Pressure 4 Above Water Native CDOT soils: Class 360 1: psf/ft 440 Below Water CDOT Native Class soils: 180 1: psf/ft 230 psf/ft Passive Lateral Earth Pressure Resistance Factor 0.50 Ultimate on Coefficient Sandy soils of Sliding Friction at Base of Footing 0.54 Sliding Resistance Factor (cast in place concrete) 0.80 The bearing pressure assumes no slope in front of the wall toe, a minimum footing width of at least 3 feet, and a minimum embedment depth of at least 3 feet. For frost protection and confinement of the bearing materials to develop the recommended soil bearing resistance Differential movement is considered to be over a distance of about 40 feet Backfill must be compacted to at least 95 percent of the maximum dry density as determined by AASHTO T99 for the passive earth pressure values to be valid Standard penetration test results from our borings were used to evaluate the strength of the foundation soil for bearing capacity. The ultimate bearing capacity is shown as a function of Responsive a Resourceful pc Reliable BID NO # B2000187 Page 168 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge - Weld County, Colorado May 22. 2020 Terracon Project No. 22205012 lierracon GeoReport effective footing width in the chart below. The resistance factor shown above should be applied to the bearing values presented. The bearing capacity shown in the table below is based on the foundation extending at least 36 inches below adjacent grade. We have recommended the foundation bearing elevation within the well graded sand layer on a minimum of 2 feet of engineered fill comprised of on -site soils. 1.4 1.2 1 c 0.8 C) E a 0.6 4-s +� cn 0.4 0.2 Settlement vs. Effective Footing Width for Service Limit State (presumptive bearing capacity of 2500 psf) 0 -- 0.0 ?.0 4.0 6.0 8.0 10.0 12.0 Effective Footing Width (ft) The presumptive bearing capacity versus footing width at the service limit state for a total estimated settlement of approximately 1 -inch is presented on the graph below. 16000 w 14000 12000 �v g 10000 u c 8000 m 6000 To 4000 o 2000 Z 0 Nominal (Ultimate) Bearing Capacity vs. Effective Footing Width for Strength and Extreme Limit States 0 2 4 6 8 10 12 Effective Footing Width (ft) Responsive fa Resourceful . Reliable 15 BID NO # B2000187 Page 169 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport Additional foundation movements could occur if water from any source infiltrates the foundation soils; therefore, proper drainage should be provided in the final design and during construction and throughout the life of the structure. Failure to maintain the proper drainage as recommended in the Grading and Drainage subsection of Earthwork will nullify the movement estimates provided above Unstable subgrade conditions should be observed by the geotechnical engineer to assess the subgrade and provide suitable alternatives for stabilization. Stabilized areas should be proofrolled prior to continuing construction to assess the stability of the subgrade. Over -excavation of the materials below footings should extend laterally beyond all edges of the footings at least 8 inches per foot of over -excavation depth below footing base elevation. The over -excavation should then be backfilled up to the footing base elevation in accordance with the procedures outlined in the Earthwork section of this report. The over -excavation and backfill procedure is described in the following figure. Design Fooling Level Recommended Excavator Level r 23O ,V 2f3D COMPACTED STRUCTURAL D FILL Overexcavation / Backfill NOTE Excavations in sketches shown vertical for convenience Excavations should be sloped as necessary for safety The base of all foundation excavations should be free of water and loose soil prior to concrete placement. Concrete should be placed soon after excavating to reduce bearing soil disturbance. Should the soils at bearing level become excessively dry, disturbed or saturated, or frozen, the affected soil should be removed prior to placing concrete. Footings and foundations should be detailed and reinforced as necessary to reduce the potential for distress caused by differential foundation movement. Spread Footings - Construction Considerations To reduce the potential of "pumping" and softening of the foundation soils at the foundation bearing level and the requirement for corrective work, we suggest the foundation excavation be completed remotely with a track -hoe operating outside of the excavation limits, Responsive a Resourceful a Reliable BID NO # B2000187 Page 170 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport Backfill for vertical structures (abutments and walls) supporting unbalanced backfill levels on opposite sides should consist of Engineered Fill meeting the requirements in the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction Section 703 for Class 1 structure backfill. Ultimate lateral earth pressures are presented in the following table. The zone of backfill should extend out horizontally at least two feet from the base of the foundation and upwards at an angle of 45 degrees from horizontal, or flatter, for the active and at -rest values to apply and upwards at an angle of 30 degrees from horizontal, or flatter for the passive values to apply. S = Surcharge S Horizontal Finished Grade For active pressure movement 4—(0.002 H to 0.004 H) H For at -rest pressure - No Movement Assumed Horizontal Finished Grade Retaining Wall Earth Pressure Coefficients Earth Pressure Conditions Active (Ka) At -Rest (Ko) Passive (Kp) Lateral Earth Pressure Coefficient On -site soils: 0 33 Class I: 0.28 Equivalent Fluid Density (pcf) On -site soils: 0.50 Class I: 0.44 On -site soils: 3.0 Class I : 3.5 On -site soils: 40 Class I: 35 Surcharge Pressure, p, (psf) On -site soils: 60 Class I: 55 On -site soils: 360 Class I: 440 Applicable conditions to the above include: Earth Pressure, p2 (psf) On -site soils: (0.33)S On -site soils -(40)H Class I: (0.28)S Class I. (35)H On -site soils: (0.50)S On -site soils (60)H Class I: (0.44)S Class I: (55)H dIEWOVIIM For active earth pressure, wall must rotate about base, with top lateral movements of about 0.002 H to 0.004 H. where H is wall height For passive earth pressure to develop. wall must move horizontally to mobilize resistance Uniform surcharge, where S is surcharge pressure In -situ soil backfill weight a maximum of 120 pcf for native soils and 125 pcf for CDOT Class 1 structure backfill Responsive a Resourceful . Reliable BID NO # B2000187 Page 171 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport Horizontal backfill. compacted between 95 and 98 percent of standard Proctor maximum dry density (AASHTO T99) Loading from heavy compaction equipment not included N o hydrostatic pressures acting on wall N o dynamic loading N o safety factor included Ignore passive pressure in frost zone Backfill placed against structures should consist of granular soils or low plasticity cohesive soils. For the granular values to be valid, the granular backfill must extend out and up from the base of the wall at an angle of at least 45 and 60 degrees from vertical for the active and passive cases, respectively. CORROSIVITY At the time this report was prepared, the laboratory testing for water-soluble sulfates had not been completed. We will submit a supplemental section with the testing results and recommendations once the testing has been completed. GENERAL COMMENTS Our analysis and opinions are based upon our understanding of the project, the geotechnical conditions in the area. and the data obtained from our site exploration. Natural variations will occur between exploration point locations or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. Terracon should be retained as the Geotechnical Engineer, where noted in this report, to provide observation and testing services during pertinent construction phases. If variations appear, we can provide further evaluation and supplemental recommendations. If variations are noted in the absence of our observation and testing services on -site, we should be immediately notified so that we can provide evaluation and supplemental recommendations. Our Scope of Services does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants. hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. Our services and any correspondence or collaboration through this system are intended for the sole benefit and exclusive use of our client for specific application to the project discussed and are accomplished in accordance with generally accepted geotechnical engineering practices with no third -party beneficiaries intended. Any third -party access to services or correspondence is Responsive ® Resourceful s Reliable BID NO # B2000187 Page 172 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 . Terracon Project No. 22205012 lierracon GeoReport solely for information purposes to support the services provided by Terracon to our client. Reliance upon the services and any work product is limited to our client. and is not intended for third parties. Any use or reliance of the provided information by third parties is done solely at their own risk. No warranties, either express or implied, are intended or made. Site characteristics as provided are for design purposes and not to estimate excavation cost. Any use of our report in that regard is done at the sole risk of the excavating cost estimator as there may be variations on the site that are not apparent in the data that could significantly impact excavation cost. Any parties charged with estimating excavation costs should seek their own site characterization for specific purposes to obtain the specific level of detail necessary for costing. Site safety. and cost estimating including, excavation support, and dewatering requirements/design are the responsibility of others. If changes in the nature. design, or location of the project are planned, our conclusions and recommendations shall not be considered valid unless we review the changes and either verify or modify our conclusions in writing. Responsive a Resourceful w Reliable BID NO # B2000187 Page 173 ATTACHMENTS Contents: EXPLORATION AND TESTING PROCEDURES SITE LOCATION AND EXPLORATION PLANS EXPLORATION RESULTS SUPPORTING INFORMATION Note: Refer to each individual Attachment for a listing of contents Responsive • Resourceful • Reliable BID NO # B2000187 Page 174 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge • Weld County, Colorado May 22. 2020 Terracon Project No. 22205012 lierracon GeoReport EXPLORATION AND TESTING PROCEDURES Field Exploration The field exploration program consisted of the following: Number of Borings _ Boring Depth (feet) Location 1 20 or auger refusal Planned bridge abutment Boring Layout and Elevations: We used handheld GPS equipment to locate the boring with an estimated horizontal accuracy of +/-20 feet. A ground surface elevation at each boring location was obtained by Terracon by interpolation from a site specific. surveyed topographic map Subsurface Exploration Procedures: We advanced the soil boring with a truck -mounted drill rig using continuous -flight, hollow -stem augers. Four samples were obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter Soil sampling was performed using modified California barrel, and/or standard split -barrel sampling procedures. For the standard split -barrel sampling procedure.. a standard 2 -inch outer diameter split -barrel sampling spoon is driven into the ground by a 140 -pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18 -inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT resistance values, also referred to as N -values. are indicated on the boring log at the test depths. For the modified California barrel sampling procedure, a 2% -inch outer diameter split -barrel sampling spoon is used for sampling. Modified California barrel sampling procedures are similar to standard split - barrel sampling procedures: however. blow counts are typically recorded for 6 -inch intervals for a total of 12 inches of penetration. The samples were placed in appropriate containers, taken to our soil laboratory for testing. and classified by a geotechnical engineer In addition, we observed and recorded groundwater levels during drilling observations and shortly after drilling. Our exploration team prepared a field boring log as part of standard drilling operations including sampling depths. penetration distances. and other relevant sampling information. The field log included visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. The final boring log. prepared from the field log, represents the geotechnical engineer's interpretation. and include modifications based on observations and laboratory test results. Property Disturbance: We backfilled the boring with auger cuttings after completion. Our services did not include repair of the site beyond backfilling our borehole. Excess auger cuttings were dispersed in the general vicinity of the borehole. Because backfill material often settles Responsive a Resourceful a Reliable ExPL0RATION AND TESTING PROCEDURES I of 2 BID NO # B2000187 Page 175 Geotechnical Engineering Report Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport below the surface after a period, we recommend checking boreholes periodically and backfilling, if necessary. We can provide this service for additional fees, at your request. Laboratory Testing The project engineer reviewed field data and assigned various laboratory tests to better understand the engineering properties of various soil and bedrock strata. Laboratory testing was conducted in general accordance with applicable or other locally recognized standards. Procedural standards noted in this report are for reference to methodology in general. In some cases, variations to methods are applied as a result of local practice or professional judgement. Testing was performed under the direction of a geotechnical engineer and included the following: Visual classification Dry density Grain -size analysis Moisture content Atterberg limits Water-soluble sulfates Our laboratory testing program includes examination of soil samples by an engineer. Based on the materials texture and plasticity; we described and classified soil samples in accordance with the Unified Soil Classification System (USCS). Soil and bedrock samples obtained during our field work will be disposed of after laboratory testing is complete unless a specific request is made to temporarily store the samples for a longer period of time. Bedrock samples obtained had rock classification conducted using locally accepted practices for engineering purposes Boring log rock classification is determined using the Description of Rock Properties. Responsive e Resourceful e Reliable EXPLORATiON AND TESTING PROCEDURES 2 cf 2 BID NO # B2000187 Page 176 SITE LOCATION AND EXPLORATION PLANS Contents: Site Location Plan Exploration Plan Note All attachments are one page unless noted above Responsive . Resourceful • Reliable BID NO # B2000187 Page 177 SITE LOCATION Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado May 22, 2020 Terracon Project No. 22205012 lierracon GeoReport • 4.4 am -State Park Heron ervoir DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES Historical Terracon Project r,. 4 4144 MAP PROVIDED BY MICROSOFT BING MAPS BID NO # B2000187 Page 178 FXPR-ORATION PLAN Hokestra Gravel Pit Pedestrian Bridge Weld County. Colorado May 22. 2020 Terracon Project No. 22205012 lierracon &&iWepo rt BID NO # B2000187 Page 179 EXPLORATION RESULTS Contents: Boring Log (B-1) Atterberg Limits Grain Size Distribution Note All attachments are one page unless noted above BID NO # B2000187 Page 180 a. 2 a_ a. 0_ J J O 2 (n O O Irt 2 it Q.' 0 i 0 _ LL Q a. u_ O BORING LOG NO. B-1 Page 1 of 1 PROJECT: Hokestra Gravel Pit Pedestrian Bridge CLIENT: J -U -B ENGINEERS, Fort Collins, Inc. CO SITE: Northeast Weld of 1-25 County, and CR 24.5 CO GRAPHIC LOG LOCATION See Latitude 40 1754 Longitude 104 9738 Approximate Surface Elev 4826 (Ft ) +/- ELEVATION ;Ft i_ DEPTH (Ft WATER LEVEL OBS ERVAT IONS SAMPLE TYPE FIELD TEST RESULTS WA1EH CONTENT (%) DRY UNIT MIGHT (pcf) ATERSER3 LIMITS PERCENT FINES i LL -PL -PI , �.; — _ — 114 FILL -POORLY GRADED SAND WITH SILT, fine to medium grained. light brown, dry clay lenses, dark brown to red brown 4 0 4822+,- 19 102 32-18-14 69 11-10-13 N=23 1 •• ••• •• S. S. • • • • •=2 '• WELL GRADED SAND WfTH SILT AND GRAVEL (SP-SM), light brown to dark brown. dry moist ,, _,t1 7 t ; 10-- 5 X N X X23-50/6" 4-2-0 N 2 5-12 11 1 1 ? NP 13 '. • •� •• .., • '• '. . ' ••� . • .1 •1 o� e' . • . . SILTY SAND WITH GRAVEL (SM), brown to red brown, wet light brown and olive . — - _ v 14-8-20 N=28 16 1 5 CLAYSTONE BEDROCK. dark gray 42-1428 98 16 20— Boring Terminated at 20.5 Feet Strat.fication lines are approximate In -situ the transit ors —ay be 'gradual Hammer Type Ajtornat c Advancement Metrrod- Advanced using 3-1/4 inch I D hollow -stem auger See --,ifli tng k'rsrrnafr r for explanation of symbols and abbreviation Elevations were interpolated from a topogrartic site -Jan Notes Abandonment Method Boring rackfilled with auger cuttings upon completion lierracon 1831 Lefthard Or Ste C Longmont. CC Boring Stared 04-23-2020 Boring Completed 04-23-2020 WATER LEVEL OBSERVATIONS Si. 11 5 feet while drilling pnli Rig CtoiC 55 Diller- Teitacon Drilling L Project No 22205012 e BID NO # B2000187 Page 181 ATTERBERG LIMITS RESULTS ASTM D4318 53 I- O O w I- d J a O, Z u a w H a O a J w d cx O d O n O cr m H re w cx J d cx O 2 O cx w les w cx d a cr O J d > 9 w d I-� U) w I- } cc d g 5 r 60 50 P L A O S T I C I 40 - O� G‘e 30 Y r N s4 O" 20 D E x Gi • MH or OH 10p — CL -ML — 1 ML Dr OL _ - 20 40 60 80 100 LIQUID LIMIT r Boring ID Depth LL PL PI Fines USCS Description • B-1 2 - 3 32 18 14 69.3 CL SANDY LEAN CLAY m B-1 9 - 10 NP r NP NP 13.3 SM SILTY SAND with GRAVEL • B-1 19 - 20.5 42 14 28 98.2 CL LEAN CLAY - 1 - -j - r PROJECTS Hokestra Gravel Bridge Pit Pedestrian PROJECT NUMBER 22205012 lierracon CLIENT: J -U -B ENGINEERS, Fort Collins, IncCO CO SITE: Northeast Weld of 1-25 and CR 24.5 County, CO 1831 Leland GrSte C Longmont, BID NO # B2000187 Page 182 GRAIN SIZE DISTRIBUTION ASTM D422 I- O (7 w I - g a w 6-- 0 zI 0 u�l I- a O a —J fen d () O N 8 a cr O in it3 I- O w Et J Q z 2 0 ce a w U. 0 I- w U) F- U, w It►- 0 P 2 5 U.S. SIEVE OPENING 6 4 3 2 IN INCHES 1 3�4 112 I 3 6 10 U.S. SIEVE NUMBERS I HYDROMETER 1410' 20 30 4050 60 100 140200 PERCENT COARSER BY MIGHT 9 2 P g 100 I illt A l 95 - A 90 85 80 75 70 65 60 I- I - (9 55 di ,. - r 50 m - 45. LL A -, _+ . • + l ♦ ...L. Z0 W `fV U w 35 a. r - 30 - 25 " I • 20 �. ♦.. 15 .. .� . 10 r 5 0 - - - -- - 100 10 0 1 0 01 0.0or GRAIN SIZE IN MILLIMETERS GRAVEL SAND SILT OR CLAY i 1 COBBLES coarse I fine coarse I medium I fine BORING ID DEPTH % COBBLES % GRAVEL % SAND f % SILT I % FINES % CLAY USCS • B-1 2 - 3 0.0 0.4 30.2 69.3 CL • I B-1 9 - 10 0.0 36.3 50.4 13.3 SM B-1 19 - 20.5 0.0 0.0 1.8 98.2 CL GRAIN SIZE • b 4 I A SOIL DESCRIPTION • P Sieve % Finer Sieve %Finer' Sieve %Finer • 3/8" 100.0 1 112" 100 0 #4 100 0 SANDY LEAN CLAY (CL) D% 0.219 28.558 #4 #10 9956 99 45 1" 3/4' 92 56 89 59 #10 #20 99 94 99 57 ID SILTY SAND with GRAVEL (SM) D 60 D50 3.421 1.428 #20 #40 98 93 98 37 1/2" 3/8" 83 26 75.08 #40 #60 99 18 98.92 LEAN CLAY (CL) D30 0.245 #60 #100 96.79 89.95 #4 #10 63.71 53.93 #10C #200 98.66 98.18 REMARKS 010 #200 69.34 #20 43.95 COEFFICIENTS #40 30 33 r---- m.---- C #100 21 13 1 #200 13.32 PROJECT: Hokestra Gravel Pit Pedestrian Bridge PROJECT NUMBER' 22205012 erracon 1831 Lettnanci Longmont, Or Ste C CO CLIENT: J -U -B ENGINEERS. Fort Collins. CO Inc. SITE: Northeast Weld of 1-25 and CR 24 5 County, CO BID NO # B2000187 Page 183 UNIFIED SOIL CLASSIFICATION SYSTEM lierracon GeoReport Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests Soil Classification Group Symbol Group Name Coarse More on No. -Grained Soils: Gravels: More than 50% of coarse fraction retained on No. 4 sieve Clean Gravels: Less than 5% fines Cu = 4 and 1 s Cc s 3 ' GW Well -graded gravel 1 C Cu < 4 and/or [Cc<1 or Cc>3.0] E GP Poorly graced gravel ' Gravels with Fines: More than 12% fines s' Fines classify as ML or MH GM Silty gravel r G- H Fines classify as CL or CH GC Clayey gravel F• G. H than 50% retained 200 sieve Sands: 50% or more of coarse frac: on passes No 4 sieve Clean Sands: Less than 5% f nes Q 4 Cu 6 and 1 ,- Cc c 3E SW Well -graded sand' Cu < 6 and/or [Cc<1 or Cc>3.0] E SP i Poorly graded sand' ,� Sands with Fines: More tran 12% fines 0 Fines classify as ML or MN SM Silty sand `- `' ' Fines classify as CL or CH SC Clayey sand G. r. Fine 50% No. 200 -Grained Soils: Silts and Clays: Liquid limit less than 50 Inorganic: Pt > 7 and plots on or above "A" CL Lean clay K, L• M PI < 4 orplots below `A" line.) ML Silt Kt Lz M Organic: Liquid limit - oven dried <0.75 OL Organic clay K. L, M, N - Liquid limit - not dried -- Organic silt K• L. M, O or more passes the sieve Silts and Clays: Liquid limit 50 or more Inorganic: PI plots on or above `A' line CH Fat clay ki i, N P1 plots below "A- line MH Elastic Silt K, `y M Organic: 1 Liquid limit - oven dried <0.75 OH Organic day K, L, M, P Liquid limit - not dried r- Organic silt K. L. M, o Highly organic soils: Primarily organic matter, dark in color, and organic odor PT l Peat r• Based y If field or boulders. •- Gravels gravel graded v Sands sand sand I Cu r If soil '= If fines on the material passing sample contained or both' to group with 5 to 12% fines with silt, GW-GC well gravel with silt, GP with 5 to 12% fines with silt. SW -SC well-gradeC with silt SP -SC poorly (D30 the 3 -inch (75 cobbles or boulders name require dual symbols: -graded gravel with -GC poorly graded require dual symbols: sand with graded sand with z ) -mm) sieve. or both, add "with cobbles GW-GM well -graded clay, GP -GM poorly gravel with clay. SW-SM well -graded clay. SP-SM poorly graded clay group name -GM. or SC-SM. Hlf fines are organic, add with organic fines" to group name. I If soil contains - 15% gravel. add "with gravel to group name . If Atteroerg limits plot in shaoed area soil is a CL -ML, silty clay Klf soil contains 15 to 29% plus No. 200 add "with sand" or 'with gravel," whichever is predominant. L If sal contains -- 30% plus No 200 predominantly sand, add "sandy" to group name. MY soil contains _ 30% plus No. 2CO3 predominantly gravel, ado "gravelly" to group name N PI _ 4 and plots on or above "A" line. OP! -- 4 or pots below "A" line. P PI plots on or above "A" line. Q pi plots below 'A line = Qso/Dio Cc = D , D x D60 contains = 15% sand, add "with sand" to classify as CL -ML. use dual symbol GC PLASTICITY INDEX (PI) 60 50 40 30 20 10 7 4 0 For classification of fine-grained soils and fine-grained fraction of coarse -grained soils Equation of "A" - line Horizontal at P1=4 to LL=25.5. then P1=0.73 (LL -20) Equation of "U" - line Vertical at LL=16 to P1=7 then PI=0.9 (LL -8) • G"' die CL -ML ML or OL 1 1 MH or OH 0 10 16 20 30 40 50 60 70 80 90 100 110 LIQUID LIMIT (LL) BID NO # B2000187 Page 185 DESCRIPTION OF ROCK PROPERTIES lierracon Ge Reo port WEATHERING Term Description allAg Unweathered No visible sign of rock material weathering, perhaps slight discoloration on major discontinuity surfaces. Slightly weathered Discoloration indicates weathering of rock material and discolored by weathering and may be somewhat weaker discontinuity surfaces. All the rock material may be externally than in its fresh condition. Moderately weathered Less than half of the rock present either as a continuous material is decomposed and/or disintegrated to a soil. Fresh or discolored framework or as corestones. rock is Highly weathered } More than half of the rock material is decomposed and/or disintegrated to a soil. Fresh or discolored rock is present either as a discontinuous framework or as corestones. Completely weathered All rock material is decomposed and/or disintegrated to soil. The original mass structure is still largely intact. Residual soil All change rock material is converted in volume, but the soil to soil. The mass structure has not been significantly and material fabric are destroyed. There is a large transported. STRENGTH OR HARDNESS Description Field Identification r Uniaxial Compressive i Strength,_psi (MPa) Extremely weak Indented by thumbnail 40-150 (0.3-1) Very weak Crumbles under firm blows with point of geological hammer, can be peeled by a pocket knife 150-700 (1-5) Weak rock Can be peeled by a pocket knife with difficulty, shallow indentations made by firm blow with point of geological hammer �700-4,000 (5-30) Medium strong Cannot be scraped or peeled with a pocket knife, specimen can be fractured with single firm blow of geological hammer 4,000-7,000 (30-50) Strong rock Specimen requires more than one blow of geological hammer to fracture it 7.000-15,000 (50-100) Very strong Specimen requires many blows of geological hammer to fracture it 15,000-36,000 (100-250) Extremely strong Specimen can only be chipped with geological hammer >36,000 (>250) DISCONTINUITY DESCRIPTION Fracture Spacing (Joints, Faults, Other Fractures) Bedding Spacing (May Include Foliation or Banding) Description Spacing Description Spacing Extremely close <34 in (<19 mm) Laminated <' in (<12 mm) Very close 3/.in-2-1/2in(19-6Omm) Very thin '/2 in - 2 in (12 — 50 mm) Close 2-1/2 in — 8 in (60 — 200 mm) Thin 2 in ft. 300 —1 (50 - mm) Moderate 8 in - 2 ft. (200 - 600 mm) Medium 1 1 ft. - 3 ft. (300 - 900 mm) Wide 2 ft - 6 ft. (600 mm - 2.0 m) Thick 3 ft. - 10 ft. (900 mm — 3 m) Very Wide 6 ft. 20 ft. 6 Massive > 10 ft. (3 m) - (2.0 - m) Discontinuity Orientation (Angle,: Measure the angle of discontinuity relative to a plane perpendicular to the longitudinal axis of the core. (For most cases. the core axis is vertical: therefore. the plane perpendicular to the core axis is horizontal.) For example. a horizontal bedding plane would have a 0 -degree angle ROCK QUALITY DESIGNATION (RQD) Description RQD Value (%) Very Poor 0-25 Poor 25 — 50 Fair 50 - 75 Good 75-90 Excellent 90 -100 The combined length of all sound and intact core segments equal to or greater than 4 inches in length. expressed as a percentage of the total core run length. Reference: U.S. Department of Transportation, Federal Highway Administration, Publication No FHWA-NHI-10-034, December 2009 Technical Manual for Design and Construction of Road Tunnels — Civil Elements BID NO # B2000187 Page 186 lierracon June 16, 2020 S -U -B Engineers. Inc. 4745 Boardwalk Drive, Building D. Suite 200 Fort Collins, Colorado 80525 Attn: Ms. Amber Morse, P.E. P (970) 658-4360 E. amorse a@jub.com Re: Water -Soluble Sulfate Test Results Hokestra Gravel Pit Pedestrian Bridge Northeast of the Intersection of 1-25 and County Road 24.5 Weld County, Colorado Terracon Project No. 22205012 Dear Ms. Morse: Previously, Terracon Consultants. Inc. (Terracon) prepared a Geotechnical Engineering Report (Project No. 22205012; report dated May 21, 2020) for the project referenced above. The water- soluble sulfate testing was not complete at the time the report was prepared. This supplemental letter presents the results of the water-soluble sulfate testing performed for the on -site soils. Results of water-soluble sulfate testing indicate Exposure Class SO according to ACI 318. ASTM Type I portland cement should be specified for all project concrete on and below grade. Foundation concrete should be designed for low sulfate exposure in accordance with the provisions of the ACI Design Manual. Section 318. Chapter 4. The recommendations presented in this report should be used in conjunction with those presented in our initial Geotechnical Engineering Report for the project. The General Conditions should be reviewed and understood to apply to those engineering recommendations and opinions presented herein. Terracon Consultants, Inc. 1901 Sharp Point Drive, Suite C Fort Collins, Co'orado 80525 P [9701 484 0359 F [970) 484 C454 :erracon.com Environmental O Facilities G Geotechnical CI Materials BID NO # B2000187 Page 187 Water -Soluble Sulfate Test Results Hokestra Gravel Pit Pedestrian Bridge Weld County, Colorado June 16, 2020 Terracon Project No. 22205012 lierracon We appreciate the opportunity to continue to be of service to you on this project. If you have any questions or concerns regarding the content of this report, please feel free to contact us. Sincerely, Terracon Consultants, Inc. hristopher S. Gavitt, E•I. Field Engineer Attachments: Chemical Laboratory Test Report Copies to: Addressee (via e-mail) Responsive Resourceful Reliable •-EG 4.**•:(% se, ttici::.1. 38829 41: r � *e 4 r. ....... 1 Eric D. Bernhardt, P. ,zzrnarctInarE.,s' Geotechnical Department Manager 2 BID NO # B2000187 Page 188 750 Pilot Road. Suite F Las Vegas. Nevada 89119 1702) 597-9393 lierrecon GeoReport Client Project J -U -B ENGINEERS Inc. Hokestra Gravel Pit Pedestrian Bridge Sample Submitted By: Terracon (22) Date Received: 5/5/2020 Lab No.: 20-0638 Results of Corrosion Analysis Sample Number Sample Location Sample Depth (ft.) Water Soluble Sulfate (504), AST M D 516 (mg/kg) B-1 7.0-8.5 37 Analyzed By: Ger Trisha Campo Chemist The tests were performed in general accordance with applicable ASTM and AWWA test methods. This report is exclusively for the use of the client indicated above and shall not be reproduced except in full without the written consent of our company. Test results transmitted herein are only applicable to the actual samples tested at the location(s) referenced and are not necessarily indicative of the properties of other apparently similar a identical matenals. BID NO # B2000187 Page 189 Appendix B Army Corps of Engineers Permit BID NO # B2000187 Page 190 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS. OMAHA DISTRICT DENVER REGULATORY OFFICE. 9307 SOUTH WADSWORTH BOULEVARD LITFLETON, COLORADO 80128-6901 August 10, 2020 SUBJECT: Nationwide Permit Verification — Corps File No. NWO-2020-01458-DEN, Hokestra Trail Pedestrian Bridge Construction Project Hayley Balzano Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 Dear Ms. Balzano: This letter is in reference to the proposed project located at approximately 40.175297°N, -104.973639°W, in Weld County, Colorado. The work as described in your submittal will consist of constructing a pedestrian trail bridge across an unnamed tributary to St. Vrain Creek, including the placement of riprap armoring at the edges of the abutments and wingwalls. This project will cause permanent impacts to 0.01 acre of wetlands abutting the unnamed tributary. 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 appropriate enforcement action. BID NO # 82000187 Page 191 -2 - 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-2020-01458-DEN. Sincerely, IP 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 Ecol. Services, 5015 Swainsona Dr., Loveland, CO180537 BID NO # B2000187 Page 192 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 I/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-eonstruction notification to the district engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds I /l0 -acre: or (2) there is a discharge in a special aquatic site, including wetlands. (Sec 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 NW? authorization. I.inear 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 (sec 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 (h) of general condition 32). The district engineer will BID NO # B2000187 Page 193 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 pennittee must comply with the following general conditions, as applicable, in addition to any regional or cast -specific conditions imposed by the division engineer or district engineer. Prospective pertnittees 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 slates 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 perntittcc's expense on authorized facilities in navigable waters of the United States. (c) The pennittee 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 pennittee 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. Aauatic 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 he 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. BID NO # B2000187 Page 194 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 SUQDIv 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 iestrict 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). N. Fills Within 100 -Year Floodalains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. BID NO # B2000187 Page 195 11.E u -21 e I leavy equipment working in wetlands or mudflats must he 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 he permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United State 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 he 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. (e) 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 river; is also available at: http:I/www.rivers.gov/. BID NO # B2000187 Page 196 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. (h) 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. '1'he 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" on 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 BID NO # B2000187 Page 197 —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)(1XB) 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)(1X13) 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(ax l XB) 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)(13) 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 1©(axl)(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)(1XB) 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:// tvww.fws.gov/ipac and http_ti www.nmfs_noaagovrpr/species/esai respectively. 19. Mieratory Birds and Bald and Golden laeles. The pennittee 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 LJ.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 (NI -IPA) 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 pm -construction notification is required for the proposed NWP activity, the Federal pennittee 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 he 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 etTects to any historic properties listed on, BID NO # B2000187 Page 198 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 NWT' 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 8OO.3(a)). Section 1O6 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 NIIPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective pennittee within 45 days of receipt ofa complete pre -construction notification whether NIIPA 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 NAPA (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 ACIIP 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, SIIPO/ 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, BID NO # B2000187 Page 199 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 lithe 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 alter 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 alter 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 he 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 (ie., 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 enviromnentally 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- ease 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 BID NO # B2000187 Page 200 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(eX3)). (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 therequired 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 he 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(kX3)). (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 he provided. (6) Compensatory mitigation requirements (e_g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring BID NO # B2000187 Page 201 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)(i Xii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, Wan NWP has an acreage limit of l/2 -acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 12- acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores sonic 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 pennittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittec 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 dant 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 (Nudity. 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. BID NO # B2000187 Page 202 27. Retiional 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 NW P 13, the maximum acreage loss of waters of the United States for the total project cannot exceed L!3 -acre. 29. Transfer of Nationwide Permit Verifications. If the permittec 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 pemiittee 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(1x3) to confirm that the permittee secured the appropriate number and resource type of credits; and BID NO # B2000187 Page 203 (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 AtTectine Structures or Woriis 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 (bX10) 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 atter, 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) lie 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 tmtil 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(1)) 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 panirittee has received written approval from the Corps. lithe 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 CPR 330.5(dX2). BID NO # B2000187 Page 204 (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 permits) 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 1/10 -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 BID NO # B2000187 Page 205 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. (e) 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 (1 0) of this general condition. A letter containing the required information may also be used Applicants may provide electronic tiles 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 t/2 -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 NMVIFS). With the exception of NW? 37, these agencies will have 1O 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 eases where there is an unacceptable hazard to life or a significant loss of' BID NO # B2000187 Page 206 property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWi' 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 pennittee 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(bX4)(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 ofpre-application consultation with CPW, stating that CPW has reviewed the proposed project and has no concerns, will he helpful in project evaluation by the Corps. Please visit the following state website to determine the appropriate CPW office for coordination: httpi/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 BID NO # B2000187 Page 207 effects to fen hydrology. The per tittee 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/htternet/FSE DOCLIMENI'S/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 6.11owing 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: BID NO # B2000187 Page 208 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 (5-1O% 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 diaminctetraacetate (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. Cold 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. BID NO # B2000187 Page 209 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/wgcc or Water Quality Control Division's website: https://www.colorado.govinacificicdpheiclean-water- gisquans 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 131ue 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. BID NO # B2000187 Page 210 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 Stunner, 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, W 10454917 (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 Buckhom Trail off High Drive). BID NO # B2000187 Page 211 Upper Gunnison River Basin. All tributaries to the Cninnison 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 Steuhen 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 Uneompahgre 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 Snuth Fork, and arc 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 Rawvah 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. BID NO # B2000187 Page 212 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 arc 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 BellsfSnowmass. Holy Cross, Raggeds, Collegiate Peaks. and HunterlFryingpan 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 Weeminuchc 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 Bastin. 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. BID NO # B2000187 Page 213 All lakes and reservoirs tributary to the Uncompahgre River and within the Mt. SnefTels 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, BID NO # B2000187 Page 214 ATTCiIMENT 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 (httn://enw.state.co,us/aboutus/Pages,RegulationsBrochures.asnx) 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. Fryhigpan River from Ruedi Reservoir dam to Roaring Fork River Confluence. BID NO # B2000187 Page 215 Gore Creek from Red Sandstone Creek to Fag e River confluence. Guru on 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 255, 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. BID NO # B2000187 Page 216 BID NO # B2000187 Page 217 monitoring and annual, reports; notified by the Denver eegutato are no longer required, Appendix C Flood Hazard Development Permit BID NO # B2000187 Page 218 FLOODPLAIN PERMIT DEPARTMENT OF PLANNING SERVICES Request: Floodplain Development Permit — FHDP20-0037 — Re -alignment of a portion of pedestrian trail and construction of a pedestrian bridge in ROW owned by Weld County As a participant in FEMA's National Flood Insurance Program (NFIP), Weld County is required by FEMA to ensure that all development (as defined by FEMA) in a designated 100 -year floodplain or floodway is compliant with FEMA, Colorado Water Conservation Board, and Weld County floodplain regulations (Chapter 23, Article XI). The intent of the Weld County floodplain regulations is to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions. Failure to comply with the General and Specific Standards listed in Article XI of the Weld County Code and conditions listed in this FHDP may result in a violation case being brought before the Weld County Board of County Commissioners and potential fines. Based application materials and the review of the current effective data this Floodplain permit (FHDP20- 0037) is approved with the following condition: 1. The applicant shall ensure that the site remains in compliance with FEMA, Colorado Water Conservation Board, and Weld County floodplain regulations (Chapter 23, Article XI) at all times. 2. If fill material is to be used in the floodplain, a registered Colorado Professional Engineer shall certify that the fill material is designed to withstand the erosional forces associated with the base flood. Case Summary: The submitted application materials are in compliance with the application requirements of Section 23- 11-350 of the Weld County Code. Applicant: Weld County Public Works Department Engineer: Clay Kimmi, P.E. #40739 Location: Owner: Ground Water Management Subdistrict of the CCWCD Legal Lot B of RECX12-0023; Being part of the NW4 of Section 2, T2N, R68W of the 6th P.M., Description: Weld County, CO Parcel #: 131302200085 Size: +1-125 acres Current Effective Data: Panel Map No.: 08123C -1890E, dated January 20, 2016 Flood Zone: AE — BFEs determined Waterway: Saint Vrain Creek Weld County Department of Planning Services * 1555 N 17th Avenue * Greeley, CO 80631 www.weldgov.com * P: (970) 400-6100 * F: (970) 304-6498 BID NO # B2000187 Page 219 FHDP20-0037 Page 2 of 2 Project Description This request is to relocate an existing pedestrian trail located at the Hokestra Gravel Pit in Weld County. The trail is located on the south bank of the Saint Vrain River immediately east of I-25. The trail has to be relocated because the County has sold the property to the Central Colorado Water Conservancy. As a requirement of the sale, the County has to relocate the trail from running across the spillway of the water storage reservoir that is immediately south of and adjacent to the existing trail. The application materials state that in order to relocate the trail off of the spillway, a pedestrian bridge with concrete abutments across a small drainage slough has to be constructed. In addition to the pedestrian bridge, about 700 feet of new concrete trail has to be constructed and a portion of the existing trail has to be removed. All ground disturbances will be covered with either concrete or topsoil. In areas where topsoil is placed, the topsoil will be seeded with the seed mix which has been approved by the Colorado Division of Mining, Reclamation, and Safety since the project location is located within a permitted gravel pit. The bridge will not be elevated above the BFEs because of the potential to cause a rise in the BFE outside the project area. The bridge will be tethered so it will not be washed away during flood events. Additionally, the materials used in the project construction will be flood resistant materials such as concrete and steel. All subgrade materials to be utilized below the new concrete trail will be compacted and will be covered with the concrete trail to withstand erosional forces during a flooding event. The Risk Map model for the Cache la Poudre River is consider Best Available Data and was used for this analysis. This project is located in the floodway so a No Rise Certificate was required and submitted. The results of the HEC-RAS modeling show that that the project will not cause rise. The difference between existing conditions and the proposed conditions at all river stations is zero (0). This project appears to be consistent with Weld County Code Floodplain Regulations Article XI. By \,(V('Oat fLAi Diana Aungst, CFM 4,"_ Date: August 3, 2020 Weld County Department of Planning Services " 1555 N 17th Avenue * Greeley, CO 80631 www.werdaov.cor * P: (970) 400-6100 * F: (970) 3046498 BID NO # B2000187 Page 220 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax, if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114. CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, In which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the COOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO # 82000187 Page 14 * Indicates there was a mathematical error in the bid tabulation that was corrected to the proper amount. Correction of the error does not impact the bid results. ITEM NUMBER CONTRACT ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE 201-00001 CLEARING AND GRUBBING AC 2.4 $ 2,500.00 $ 6,000.00* 202-00010 REMOVAL OF TREE EA 1 $ 400.00 $ 400.00 202-00200 $ 10.00 $ 3.290.00 REMOVAL OF CONCRETE TRAIL SY 329 203-00000 UNCLASSIFIED EXCAVATION (TRAIL) CY 462 $ 20.00 $ 9,240.00 203-00050 UNSUITABLE MATERIAL CY 100 ' $ 25.00 $ 2,500.00 203-00060 $ 35.00 $ 6,125.00 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 175 203-01100 PROOF ROLLING HR 15 $ 65,00 I $ 975,00 203-01500 BLADING HR 20 $ 125.00 $ _ 2,500.00_ 203-01597 POTHOLING HR 20 $ 175 00 $ 3,500,00 203-02330 LABORER HR 40 ` $ 65.00 $ 2,600.00 206-00000 STRUCTURE EXCAVATION (BRIDGE) 240 $ 25.00 $ 6,000.00 206-00065 $ 200.00 $ 10200.00 STRUCTURE - N.VWINVM:T BACKFILL (FLOWFILL)(COUNTY M1X) CY 51 206-00100 f .....-. 1. tNhU1PYSiMYMd:MM.Y.w.KM'M?.tiW.Kv¢[d'Ts.rwYIMO.+Fn I .4- $ 30.00 .�..MaMctl$u'wwM+.nwm..w�.... $ 630.00 STRUCTURE BACKFILL (CLASS 1\ CY 21 207-00205 REDISTRIBUTE TOPSOIL CY 1285 . $ 4.00 $ 5140.00 207-00210 STOCKPILE TOPSOIL CY 1285 $ 3.00 $ 3,855.00 207-00305 WETLAND TOPSOIL CY 10 $ 35.00 $ 350.00 207-00310 $ 20.00 $ 200.00 STOCKPILE WETLAND TOPSOIL 10 208-00002 EROSION LOG (TYPE 1) (12 INCH)(10 FOOT) LF 140 $ 8.00 $ 1;120.00 208-00020 SILT FENCE 2611 $ 2.25 $ 5874.75 208-00045 CONCRETE WASHOUT STRUCTURE EA 1 $ 1.200.00 $ 1,200.00 208-00107 REMOVAL OF TRASH HR 30 $ 65.00 $ 1$50.00 208-00207 EROSION CONTROL MANAGEMENT DAY 47 $ 75.00 $ 3525.00 212-00028 $ 9.600.00 $ 192.00 SEEDING (WETLANDS) AC 0.02 212-00706 SEEDING (NATIVE)(DRILL) AC 2.23 $ 4,800.00 $ 10,704.00 213-00002 MULCHING (WEED FREE STRAW) AC 2.2.5 $ 2,400.00 $ 5,400.00 216-00303 TURF REINFORCEMENT MAT (CLASS 3) SY 76 $ 33.00 $ 2,508.00 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 141 $ 35.00 $ 4,935 00 503-00024 DRILLED SHAFT (24 INCH) LF 120 $ 223.00 $ 26,760.00 506-00412 BURIED/ SOIL RIPRAP (12 INCH) CY - 137.4 $ 95.00 - $ 13:053.00 601-01040 CONCRETE CLASS B (BRIDGE DECK) CY 23 $ 450.00 $ 10„350.00 BID NO U 82000187 Page Is — * Indicates there was a mathematical error in the bid tabulation that was corrected to the proper amount. Correction of the error does not impact the bid results ITEM NUMBER UNIT QUANTITY CONTRACT ITEM UNIT PRICE TOTAL PRICE 601-03000 CONCRETE CLASS 5ABUTMN±1 CY 28 $ 600.00 $ 16,800.00 602-00020 REINFORCING STEEL (EPDXY COATED) LB 8939* $ 3.25 $ 29,051.75* 607-11525 FENCE (PLASTIC) LF 200 $ 3 00 $ 600 00 607-11530 FENCE (SPECIAL)(SAFETY RAILING) LF 53 $ 240.00 $ 12,720.00 608-00026 CONCRETE BIKEWAY (6 INCH) SY 800 $ 54.00 $ X43,200.00 614-00011 SIGN PANEL. (CLASS I) SF 4.5 $ 20.00 $ 90 00 614-00035 SIGN PANEL ( SPECIAL) SF .. 17 30 $ 20.00 63.00 345 O0 614-00218 STEEL SIGN POST (2.25 X 2.25 INCH TUBING) LFF . $ 1,890.00 614-01577 STEEL SIGN SLIPBASE (2.25 X 2.25 SQUARE) EA 5 $ 28.00 $ 140.00 620-00002 FIELD OFFICE (CLASS 2) EA 1 $ 35,000.00 $ 35,000.00 620-00020 SANITARY FACILITY EA 2 $ 600.00 $ 1,200.00 625-00000 LS 1 $ 7,200,00 .$ 7,200.00 CONSTRUCTION SURVEYING 626-00000 MOBILIZATION LS 1 $ 15,000.00 $ 15.000.00 628-00080 PEDESTRIAN BRIDGE (INSTALL) EA $ 6,500.00 $ 6,500.00 630.80336 EA 42$ 300.00 $ 600.00 BARRICADE (TYPE 3 M -B) (TEMPORARY) 630-80342 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE B) EA 2 $ 190 00 $ 380.00 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $ 50,000.00 $ 50,000 00 700-70380 F/A EROSION CONTROL FA 1 $ 15.000.00 $ 15.000.00 Total Bid Price ($): 386,788.50** ** Indicates the oid price has been revised to correct the mathematical errors that were found in the bid tabulation. The correction of the error does not impact the bid results. BID NO I# 1120001.87 rage 16 Amounts are to be shown in figures. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of County's written acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the AGREEMENT, The bid security attached is to become the property of the County in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the County caused thereby. 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. I Date: /a a, ( - By: ,4b,e.it"- /J t --' r Addendum No. a Date: al 1-1 - lo By: A 6 be, 14 -- Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or 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 bid proposed herein meets all the conditions, specifications and special provisions set forth in the request for bid for Request No. 82000187. 8. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 9. 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), 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 ail 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. BID NO # B2000187 Page 17 FIRM ��fa5 •itqe,eiti6O5.1 �Nc_ BY BUSINESS ADDRESS 7'.,6f LU (Please print) CITY, STATE, ZIP CODE Carne, CO DATE /b -<-.7 -O TELEPHONE NO Q1O-334- I FAXflO -O57cl TAX ID # b'1 -/,5 SIGNATURE !,g{ E-MAIL S '1 a '1al5eM-j- , c - 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 —14. BID NO # 82000187 Page 18 BID BOND PROJECT: HOKESTRA PEDESTRIAN TRAIL AND BRIDGE KNOW ALL MEN BY THESE PRESENTS, that JAG'S ENTERPRISES, INC., a Colorado corporation as Principal, and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent (5%) of the Total Amount of the BId 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated October 28 2020 for the HOKESTRA PEDESTRIAN BRIDGE AND TRAIL as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid 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. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 28th day of October , 2020 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 JAG'S ENTERPRISES, INC. Address 7951 West 28 By:. Colorado 80634 ATTEST: `, ( /y '7° ii J r ,•'r_ „r' By: i1.17t,\c,,„.(, INSURANCE UNTIED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER. TX FINANCIAL PACIFIC INSURANCE COMPANY. ROCKLIN. CA CERTIFIED COPY OF POWER OF ATTORNEY (original= file at Home Office of Company — See Certification) Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 KNOW ALL PERSONS BY THESE PRESENTS. That United P ire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & indemnity Company, a coiportttion duly organized trod existing under die laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the taws of the State of California (herein collectively called the Companies). and having their corporate headquarters cn Cedar Rapids, State of Iowa. does make. constitute and appoint DOUGLAS J. ROTHEY, CYNTHIA M. BURNETT, ERIK E. ULIBARRI, WES BUTORAC. ZACHARY ROTHEY, KIM PAYTON. EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undatakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40.000.000.00 and to bind the Companies thereby as folly and to the same extent as if such i sirumasits were signed by the duty authorized officers of the Companies and all of the acts of said Attorney, ptusoant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in fill! force and effect until revoked by United Fire & Casualty Company. United Fire & indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pttrawnt to and by authority of the following bylaw duly adopted on May 15. 2013, by the Boards of Directors of United Fire & Casuaty Company. United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Sarety Bonds and Vadertakt gas Swtion 3. Appointment of Attorney -to -Fact "The President or any vies Preodem, of any other officer of the Companies may, fiom time to time, appoint by written certificates a ttomeys.m•tict to rot m behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory internments of like Mum The signature of way officer authorized hereby, and die Corporate seal, may be aiixed by fbcsiatile to any power of anomey or maid power of attorney or eatiSoation of either authorized hereby; such signature end seal, when so used. being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid sad'thiding upon the Compwties with the same Once end camas though mentally affixed. Such at omays.in. x1, subject to the limitations set of forth in their rernectifitt certificates of authority shall hew Rill power to bind the Companies by their signature and execution of any such ouuume is end to attach the seal the Co : The President or any Vice President. the Board ofDi ecson or any other officer of the Companies may at any time revoke all power and authority �1��Y-iu-6tet * �'' • jig ,' e'o 1 3 n ;,� e•0$ pan � i, ss: V L...+w.. .._Vice President t ' 6"11111 to ,�"� & Casualty C corporations deshribed'ii and which executed the above instumene that he (mows the seal of said corporations; that the seal affixed to the said instrument is such corporate seat that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporations. IN WITNESS WHEREOF. the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 10th day of November, 2017 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY r 2017, before me personaliy-came Dennis J. Rtchmann >ytne duly sworn, did depose and say; that he resides m Cedar Rapids. State of Iowa; that he is a Vice President of United Fire ria Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacify insure Company the Judith A. Jones toss Notarial Seal Commission number 173041 My Comnieslan expires 4M312021 12 0 2 1 f V "°naY Public My commission expires: 423/2021 I. Mary A. Bausch. Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resobaions of said Corporations as set forth in said Power of Attorney. with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of A , ppe not been revoked and is now in full force and effect whereof i have hereunto subscribed my name and affixed the corporate seal of the said Corporations day of October , 20 20 By: Assistant Secretary, UF&C & UF&I & FPIC *STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: JO - a7 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:_0 (LL1 ` S _ (l -1{.}r pr Q, s .1-t'1C • 2. Type of Entity: ( t'jY C1 3. Permanent main office address: 1015 I C re e I e,y ) , S0634 x,34 Phone Number: CO - 3 (-'1-Ct 11 1 Fax Number:? 0 Db ' O h 7 q 4. Year Company was organized: 5IS 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? Jri'.s k Lco de C Lktos pr \ J.nr. . t4 yt S (\ Li (Gars, 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 -4esRiackV<( RtVPC ICr ol. $ Ik�llil;(DO.cc) CC da .o 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. 9. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2000187 Page 22 10. List all contracts within the last three years during which or after which the Company filed a protest with the owner. 14 If+ 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. 1AO 13. Describe all contracts that the Company failed to complete. ne 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. ).11)(11.- 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: Ow: l �1k(L k cwsL Loa f.,4 en( Location: AA IBS (NAN/ C 010 . Supt: Owner's Representative: t .e,(r [ -bar r\ \\ A.tr 4 Phone: 3 - (P - 1 to 061 Completion Date: N\U. ! . Contract Amount' 7<Q i b CX) Project Name: la. ��lle t �t1 (t e \A -f k Lk. (A CloT )CU 1 BID NO # B2000187 Page 23 Location: cK 4 L0 t\ 1 rt Lo Supt: Owner's Representative: ( \,.c C k i u Ir LPhone: 91a - 35 416 Completion Date: (A c ad , Contract Amount (nO,(tui) Project Name: arid l.( Qf Location: � . C �� I (L5 )C6 6 Supt: Owner's Representative: @ 5 K. St, Completion Date: t 1--\( 1.C)J Phone: Ct7 0 at - &, 30 Contract Amount. nq 3tz 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 Lu1�u✓ a Zc.NrTot 4 cLc, Fehr. ',I-4,Ok; Coa.S'c,,,,:j WORK DESCRIPTION Cods5c'S % OF WORK .�1 IC ICI $EEo, oS 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 111.41 flc ��0h Cfkt C1. S t{S � .LO . c5�h nn ,�k-I�C ► 3 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. CIA 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. BID NO #B2000187 Page 24 Dated this day of l fin" {-o Ju f , 2020. Bidder: c. En-krer-i Company By: 1Zti it2 (J,,T4 /t_i'Al i Signature Name: (k (coact f apyc (Please Type) Title; NOTARY County of WELD ss. State of (2 t&1t+c L' ) (A1(1.+' Ail (fin ra— f being duly sworn, deposes and says that he/she is (Name) wee. (Title) Of .jc s & A4€ ie Ft r Tic J , and that the answers to (Company Name) the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this J'1 day of 6 cv }ems . 2020. (SEAL) ROBERT BEETS Notary Public State of Colorado Notary ID i 20094030065 My omtttission Expires 10-02-2021 BID NO B 82000187 Page 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT 9.660 Ftrasi't oe) Co I hereby attest that I am the person responsible within my him for the heat decision as io the prrcets) and amount of this bW or it not. that I have written authorization, enclosed herewith, from that person to mane the statements set out below on his or her Wharf and nn benalt of my hrrn I funnel attest that I The tY l4 eta) and amount of trios bra have been armed al iriaependently without consultation cotMunlc"short al agreement for the purpose or with the effect or restricting competition with any other firm or person who is a bidder or potential Prime Dickler,. A Neither the prttetst nor the amount nt finis bid nave been disclosed to any other tam or person who is a Droner eV potential prime bidder on this protect and will not be so dr6ctuSed prior to bid uperrrrg 28 Neither the prices nor the amount of the bid ul any older limn cu person wtlt IS a Medal ua prteriliat prink bidder on tries protect have been disclosed to me or my lion 3A No attempt has bean made to Soohcd cause or induce any him or person who es a DALler or potential prime [adder Iv refrain from bledrot ore tits project or to submit a DC nigher than the bid of this firm rr eny intentionally hall or own. crympetltrve Dun Or oilier form of complementary bid 1B No agreemenn nes been prorriseif or snhcrted for any other tern or person who is a bidder of potential prime bidder 9h tors prcledt fl, suhngt. an tntentronarty high.. noncompetitive ur other terra ut cVmetemrr"•erY bid poi tots Protect 4 The ltd M my turn is made in good faith and not pursuant to any consultation communication agreement or dn$cU%Srun with. Or Inducement V solGSalton by at front any rum of person to subdel army iltentionaiy nigh non:vrtr pelrtrve or other form of txtmplernentary bid 5 My ttm has not olleretl ur entered Into a subcontract or agreement regarding the purchase or sate of rrtatenafs or Services from arty Firm 01 person ur offered wormed or paid Gash or anything of value iti any lam :IF nelson. whether 1n connection with inis or any other protect in consideratron for an agreement or promise by any hem or person to retrain from bidding or to submit any intentionally high noncompetitive or other term of complementary bra or agreeing or prorrnsrnr3 to do so on this protect 6 My him has not accepted of Peen promised any subcontract of agreement iegardirs mu sates or materials eta services to any firm or person and has not been promised or paid cash of anything of value by any firm Of person whether in connection with Ihrs w any outer project, in consideiatKw for my tom's 5ubrnpmg any intentionally Ityn noncompetitive or ninei form 01 complementary bid n1 agreeing Of picxrusing to do so on this protect 7 t crave made a diligent inquiry or ati members officers. employees: and agents or my turn with responsabiliiee relating to the preparatiurr approval or submission of my horn's UM on this potent arid nave peen advised by each ut them that he or she nas not Participated in any communication, COnSut1at1Csi, discussion agreement, COIIUSiOli Or other conduct inconsistent watt any at the statements an] iepresentatron6 made In this affidavit 8 I understand and retry Iona untle15farids that any mrssWternent in this affidavit is and shall to treated as a fraudulent couceatrneut from the Colorado Department ©t Transportation of the hue facts relating to submssicn cif bids ha Iris oontracl I DECLARE UNDER PENALTY Of PERJURY IN THE SECOND DEGREE AND ANY OTHER APPCfCABLE STATE CR FEDERAL LAWS, THAT THE ,S f rEMENT' MADE ON THIS. C'tOCI.IMENT ARE. TRUE AND C.=OMFi=F TE Ti THE BEST Of MY KNOWLEDGE S i PL 5 4-'`r te'?t'+;r�4t�aS�` Sworn to Galore Tie thiti a1 ,3,iy fit &-40 `mac Al )-V a R0 ERt BEETS Notary Public State y IDof Colorado i 40084030065 _©3-_ .�� .____10 _ _ NOTE: This document must be signed in ink. 9Notary farm rear BID NOM B2000187 Page 26 *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: to -a ? - �G Signature Title t1rrav c-.. cj BID NO iR B2000187 Page 27 `CERTIFICATION OF COMPLIANCE WITH EQUAL OPPORTUNITY CLAUSE REQUIREMENTS (To be signed by authorized signatories of Proposer and each Major Partklpant (except as excluded below)) The Proposer certifies that (1) lit/he/she] has has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) [it/he/she] has ,- has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, Ft/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: /O -, 7, a•G . 2020 Proposer/Subcontractor Name: JA�5 Signature: Title: Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by Proposers and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U,S. Department of Labor. [Duplicate and modify this form as necessary for use by Proposer and each Subcontractor described above.] BID NO # B2000187 Page 28 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Prgect C He r,e-Srea Tk44L.. 1 List names of partnerships or joint ventures 'R' none 2 List decreases in the contractors fiscal or workmanship qualtfiratons submitted to CDOT (Attach addttonat sheets If necessary ) a Key personnel changes Itc none compared to the last preraualdication statement b Key equipment changes ( hone c Fitt Capatattty etiantges (iegat acuons etc i S' none d Other rhanc;es that may effect the contractors abdrty to perform work Pl... nnne I DECLARE UNDER PENAL TV OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICARI F STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE O'J THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Catractors flan or cat pony name Sy r Clete Tue 2nd Cootr actor's 9imdccn r 11y fl Mleltt loan vema,e, t3y Date Tate CDOT Porma/Qa vI2 BID NO* B2000187 Page 29 Form (Rev. Depart Interne W-9 xtober 20181 vent of the Treasury Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return), Name is required nn Is line; do not (cave this line blank Jaq's Enterprises, Inc. 2 Business nameJdisregarded entity name, h different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on one t Check following seven boxes ��;; ❑ tndivklualrsoie proprietor or El U11 C Corporation S Corporation ❑ Partnership. single -member LLC ❑ Limited liability company Enter the tax classification (C=C corporation. S =S corporation. P=Pa:nershvpi► Note: Check the appropriate box in the line above for the tax classification or the single -member owner LLC if the LLC is classified as a single -member L.LC that is disregarded from me owner unless 'rte owner another LLC that is not disregarded from the owner for U , S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate box for the tax ctass.ficat,on of as owner iother (see instructions only one of the ❑ Trust -estate 4 Exemptions certain entities, instructions Exempt payee Exemption code (It any';. AFP100, (codes apply only to not individuals, see on page 3). coo^ ff aryl from FATCA reporting Do not check of the LLC is member LLC that ,, r, nsenre. x4n,..> I, nr,c i 5 Address (number, street, and apt or suite no z See instructions 7951 W 28th Street Requester's name and address [optional) Weld Count 8 City. state and ZIP code Greeley, Co. 80634 tint number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid [Social security number backup withholding For individuals, this fs generally your social security number ISSN). However for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). It you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name. see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Empioyer identification nu 1 18 ! 4 1 -I 5 1 81414 5 4 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 Iii any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out tern 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 for Part II, later. Sign Signature of Here U.S. person I' ofitZ /t itLC General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions. such as legislation enacted after they were published, go to www.rrs.gov%FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN1, adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you. or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► f C; 23, r • Form 1099-DIV (dividends. Including those from stocks or mutual funds) • Form 1099-MISC (various types of income. prizes, awards, or gross proceeds; • Form 1099-B (stock or mutual lurid sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate fransachonsl • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured propertyl Use Form W-9 only if you are a U S. person (inc_luding a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be sub/act to backup withholding. See What is backup withholding, later Cat Na 10231X Forrn W-9 iRev. tCi-20i8l Contract Form New Contract Request Entity Information Entity Name* JAG'S ENTERPRISES INC Entity ID* @O0020804 Contract Name* HOKESTRA PEDESTRIAN TRAIL AND BRIDGE PLACEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4256 Contract Lead* HBALZANO Contract Lead Email hbalzano@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-58 Contract Description THIS CONTRACT IS FOR THE CONSTRUCTION OF ABUTMENTS, PLACEMENT OF A PEDESTRIAN BRIDGE AND CONSTRUCTION OF APPROXIMATELY 720 FEET OF PEDESTRIAN TRAIL. THE PEDESTRIAN BRIDGE ITSELF IS NOT INCLUDED IN THIS CONTRACT. JAGS ENTERPRISES IS THE LOW BIDDER. Contract Description 2 Contract Type* AGREEMENT Amount* $386,788.50 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadOweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@•WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 11252020 Due Date 11 ,`21 12020 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES Bid / RFP I* B2000187 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date 11,2512020 Review Date* 11;25;2020 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head JAY MCDONALL) DH Approved Date 11/23/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/`3012020 Originator HBALZANO Committed Delivery Date Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Expiration Date* 12/31/2120 Contact Phone 1 Contact Phone 2 Purchasing Approved Date 1 1 ;'24:2020 Finance Approved Date 11;23/2020 Tyler Ref # AG 113020 Legal Counsel BOB CHOATE Legal Counsel Approved Date 11;24'2020 MEMORANDUM Date: November 4, 2020 To: Rob Turf, Purchasing Manager From: Hayley Balzano, Engineer I RE: Bid Request No. B2000187 Hokestra Pedestrian Trail and Bridge Bids were received and opened on October 28, 2020 for the contracted construction of abutments, placement of a pedestrian bridge and construction of approximately 720 feet of pedestrian trail. Twelve (12) bids were received, ranging from $386,788.50 to $2,162,655.00. The Engineer's Estimate for this project was $639,212.50. The sales contract and agreement between Central Colorado Water Conservancy District (CCWCD) and Weld County, requires the construction of the pedestrian bridge and trail realignment to prevent the public from crossing the spillway for the adjacent water storage reservoir. Weld County will be funding this project. The submitted bids have been reviewed for errors and completeness. Three errors were discovered in the low bid amounting to the low bid being $11,101.75 higher than shown on the bid tab. With this correction, the low bidder remained the low bidder. The contractor was made aware of the error and has indicated that they will be able to construct the trail at the corrected price of $386,788.50. The bid tabulation is included with this document. Public Works recommends awarding the construction contract to the low bidder, Jags Enterprises, for a total amount not to exceed $386,788.50. This Company has performed similar work for Weld County, constructing the original trail approximately 14 years ago. Construction is anticipated to commence before the end of 2020 and is planned to be completed by the end of March 2021. a©Qo-3839 EGO d-78- WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters c(Dweldgov.com E-mail: reverett(a weldgov.com E-mail: rturf(a weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: OCTOBER 28, 2020 REQUEST FOR: HOKESTRA PEDESTRIAN TRAIL & BRIDGE DEPARTMENT: PUBLIC WORKS BID NO: #B2000187 PRESENT DATE: NOVEMBER 2, 2020 APPROVAL DATE: NOVEMBER 16, 2020 VENDORS TOTAL JAG'S ENTERPRISES, INC $386,788.50 7951 W 28TH ST GREELEY, CO 80634 MOUNTAIN CONSTRUCTORS, INC $443,503.00 PO BOX 405 PLATTEVILLE, CO 80651 DURAN EXCAVATING, INC $449,638.70 14332 CR 64 GREELEY, CO 80632 STONE AND CONCRETE, INC $495,696.99 5500 E 56TH AVE COMMERCE CITY, CO 80022 MERIDIAM PARTNERS, LLC $497,119.55 1001 W ARIZONA AVE DENVER, CO 80223 SEMA CONSTRUCTION, INC $502,453.00 7353 S EAGLE ST CENTENNIAL, CO 80916 HPM, INC $510,998.00 9781 S MERIDIAN BLVD, STE 120 ENGLEWOOD, CO 80112 AB UNDERGROUND $549,236.15 21269CR47 LASALLE, CO 80645 NORM CONCRETE CONSTRUCTION CORPORATION $598,672.01 997 PLATTE RIVER BLVD, UNIT A BRIGHTON, CO 80601 2020-3235 11(09 ,Goo -7 g PAGE 2 REQUEST FOR: HOKESTRA PEDESTRIAN TRAIL & BRIDGE DEPARTMENT: PUBLIC WORKS BID NO: #B2000187 MYERS & SONS CONSTRUCTION, LLC 4600 NORTHGATE BLVD, STE 100 SACRAMENTO, CA 95834 FRONTIER ENVIRONMENTAL SERVICES, LLC 5350 VIVIAN ST, UNIT B ARVADA, CO 80002 L4 CONSTRUCTION LLC DBA L4 ENVIRONMENTAL 304 MAIN ST UNIT C PO BOX 409 LYONS, CO 80540 ENGINEER'S ESTIMATE: $639,212.50 $628,200.00 $699,804.25 $2,754,846.27 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. @D TM SUMMARY FOR 82000117. 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