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Home My WebLink About20181143.tiffCo4roko faA,t / -o26/d. 11-5- MEMORANDUM TO: Esther Gesick, CTB DATE: May 1, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Contract for B1800072 RECEIVED MAY 0 2 2018 COMMISSOUNTY IO S Attached are 3 original contracts. Please place the attached agreement on the BOCC Agenda. Please return two copies of the agreement to me so I can forward to the contractor. The BOCC approved the award of this contract to Zak Dirt, Inc. on April 25, 2018. The contractor has signed the contract and has provided a performance bond, a labor bond, and a certificate of insurance listing Weld County as additional insured parties. The BOCC is asked to sign this contract so the flood repair work can be started as soon as possible. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. EVICOrd- Vatda-- ge) �b18- t43 Page 1 of 1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\53-58A\Phase 2 Work\ onstru)on\Contracts\Contract\B1800072 Contract Memo L� , 5 OCC.docx 5- f f� WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & ZAK DIRT, INC EM-BR53-58A BRIDGE REPLACEMENT PROJECT THIS AGREEMENT is made and entered into this illitday of , 2018, by and between the County of Weld, a body corporate and politic of the State of Colo do, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Zak Dirt, Inca corporation, whose address is 14290 Hilltop Road, Longmont, CO 80504 hereinafter referred to as "Contractor". WHEREAS, Bridge Number BR53-58A and approaching roadways are in need of reconstruction and replacement as a result of damage sustained during the 2013 flood, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, 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. B1800072". 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. Exhibit C consists of the Contractor's understanding, agreement, and responsibility to comply with the Community Development Block Grant (CDBG) general conditions. The work shall be in compliance with the applicable GENERAL CONDITIONS and is part of 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 BID NO. B1800072 Page 1 020/x//4 �� 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. 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 BID NO. B1800072 Page 2 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. 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 $7,918,861.55, 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 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. 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. 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. 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 BID NO. B1800072 Page 3 Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional 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. BID NO. B1800072 Page 4 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. 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. BID NO. B1800072 Page 5 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; $5,000,000 umbrella/excess liability each occurrence and 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. 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 BID NO. B1800072 Page 6 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 County, State of Colorado, and CDOT 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. Contractors Pollution Liability (If Required) 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 (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. BID NO. B1800072 Page 7 (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 's 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) (g) 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). 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. 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 BID NO. B1800072 Page 8 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, Clay Kimmi, Senior Engineer. 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: Position: Attn.: Address: Address: E-mail: Phone: County: Name: Position: Address: Address: E-mail: Phone:: Zak Dirt, Inc. Estimator Jeromy Weiss 14290 Hilltop Road Longmont, CO 80504 jweiss@zakdirt.com (970) 535-4657 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. BID NO. B1800072 Page 9 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 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. 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 BID NO. B1800072 Page 10 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 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. 29. Official Engineering Publications_ Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledges and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. BID NO. B1800072 Page 11 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. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. 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. Continued on the next page BID NO. B1800072 Page 12 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2018. CONTRACTOR: Zakt. Inc. By(\ 7( Name: Peter J Sewczak Title: President WELD COUNTY: ,,��..ff� ATTEST: ��d� /1J < jdthedi Date: BOARD OF COUNTY COMMISSIONERS Weld ' o n Clerk to the : oard �� ,'�� WELD COUNTY, COLORADO B Depu ; C er to the Steve Moreno, Chair MAY Q 7 2010 BID NO. B1800072 Page 13 cgog- /W36') EXHIBIT C GENERAL CONDITIONS OF THE CONTRACT 1. Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and Weld County Project Special Revisions shall control construction of this project. BID NO. B1800072 Page 14 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Drawings 4. Shop or Setting Drawings 5. Materials, Service, Facilities 6. Contractor's Title to Materials 7. Inspection/Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property - Property -- -Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions -Different 22. Claims for Extra Cost 23. County Termination of Contract 24. Construction Schedule/Periodic 25. Payments to Contractor 26. Final Payment as Release 27. Payments by Contractor 28. Insurance 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractors 33. Separate Contractors 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted 44. Life/Health Protection 45. Subcontracts 46. Interest/Congressmen 47. Other Prohibited Interests 48. Use Prior to Acceptance 49. Photographs 50. Suspension of Work 51. Minimum Wages 52. Underpayment of Wages 53. Fringe Benefits 54. Overtime Compensation 55. Apprentices 56. Section 3 57. Employment Prohibited 58. Anti -Kickback Act 59. Classifications Not Listed 60. Benefits Not Expressed 61. Posting of Wage Rates 62. Complaints or Testimony 63. Claims and Disputes 64. Questions Re: Regulations 65. Payrolls and Records 66. Specific Coverage 67. Ineligible Subcontractors 68. Provisions to be Included 69. Breach of Labor Standards 70. Employment Practices 71. Contract Termination; Debarment 72. Public Contract for Services — Employment Eligibility Verification 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms 74. HUD 4010 Form, Labor Standards Provisions BID NO. B1800072 Page 15 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the County, i.e., the Local Government. (b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for work at the site of the project, for and under separate contract or agreement with the Contractor. (c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without additional expenses to the County. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims, or encumbrances. BID NO. B1800072 Page 16 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the County. The County will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the County and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the County, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the County of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the County and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the County of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the County of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the County for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the County will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations BID NO. B1800072 Page 17 The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the County. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property — Emergency The Contractor shall at all times safely guard the County's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the County, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action, but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the County such schedule of quantities and costs, progress schedule, payrolls, reports, estimates, records, and other data as the County may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative BID NO. B1800072 Page 18 shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the County. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved; (b) An agreed lump sum; (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the County may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the County or its Architect/Engineer, acting officially for the County, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the County the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. BID NO. B1800072 Page 19 The said amount is fixed and agreed upon by and between the Contractor and the County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain, and said amount is agreed to be the amount of damages which the County would sustain and said amount shall be retained from time to time by the County from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the County determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the County; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the County, acts of another Contractor in the performance of a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the contract, notify the County, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase BID NO. B1800072 Page 20 or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the County, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the County, give access to accounts relating thereto. 23. Right of the County to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the County may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless within (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the County shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the County for any excess cost occasioned the County thereby, and in such event the County may take possession of and utilize in completing the work, such material, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the County an estimated construction progress schedule in form satisfactory to the County, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the County: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the County shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the County may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the County at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other division of the Contract, on BID NO. B1800072 Page 21 which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the County, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the County to require the fulfillment of all the terms of the contract. (d) COUNTY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the County harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the County's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the County may, after having served written notice on the said Contractor, either pay unpaid bills, of which the County has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the County to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the County shall be deemed the agent of the Contractor, and any payment so made by the County shall be considered as a payment made under the Contract by the County to the Contractor and the County shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the County of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the County and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. BID NO. B1800072 Page 22 (a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the County, the County, or Contractor (at the County's option as indicated in the Supplemental General Conditions, Form (HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the County, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the County with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after (10) days written notice has been received by the County." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the BID NO. B1800072 Page 23 contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the County for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the County so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the County. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the County. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the County. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the County on account of any damage alleged to have been sustained, the County shall notify the Contractor, who shall indemnify and save harmless the County against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his on work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the County, which approval will not be given until the Contractor submits to the County a written statement concerning the proposed award to the subcontractor, which statement shall contain BID NO. B1800072 Page 24 (c) The Contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the County may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the County. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the County shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the County on the basis of competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; BID NO. B1800072 Page 25 (e) before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; and (f) to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the County to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right -of -Way Prior to the start of construction, the County shall obtain lands and rights -of -way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the County, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The County will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the County relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable BID NO. B1800072 Page 26 laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the County who is authorized in such capacity and on behalf of the County to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the County who is authorized in such capacity and on behalf of the County to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by County The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the County, provided the County: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance -carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a permit to complete construction. Consent of the Surety must also be obtained. (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or BID NO. B1800072 Page 27 other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the County be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the County, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the County may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or BID NO. B1800072 Page 28 on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of BID NO. B1800072 Page 29 Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment BID NO. B1800072 Page 30 positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So -Called "Anti -Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on BID NO. B1800072 Page 31 the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor BID NO. B1800072 Page 32 shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay (including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis -Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. BID NO. B1800072 Page 33 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services — Employment Eligibility Verification In accordance with C.R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E -Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the County and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E -Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre -employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5-102(5)(a). (e) The Department of Local Affairs or the County may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the County. 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; BID NO. B1800072 Page 34 (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. BID NO. B1800072 Page 35 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or BID NO. B1800072 Page 36 its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 - day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or County, take such action as may be necessary to cause the suspension of any further payment, BID NO. B1800072 Page 37 advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD BID NO. B1800072 Page 38 or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: A. That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Previous editions are obsolete B. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3. (ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3. (i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or County, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater BID NO. B1800072 Page 39 than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ', to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by previous editions are obsolete the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. BID NO. B1800072 Page 40 (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration.... makes, BID NO. B1800072 Page 41 utters or publishes any statement knowing the same to be false.... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 12. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 13. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. 14. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. 15. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 16. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the BID NO. B1800072 Page 42 subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 17. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. 18. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 19. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. 20. The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 BID NO. B1800072 Page 43 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2017 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 4 Instructions to Bidders 5-15 Bid Proposal 16-17 *Bid Schedule 18-23 *Bid Bond 24-25 *IRS Form W-9 26 *Anti -Collusion Affidavit (CDOT Form #606) 27 *Bidders List (CDOT Form #1413) 28 *Anticipated DBE Participation Plan (CDOT Form #1414) 29 *Certifications — Civil Rights 30-33 *Certification of Bidder Regarding Equal Employment 34-35 *Certification of Contractor Regarding Section 3 and Segregated Facilities 36 *Non -Collusion Affidavit of Prime Bidder 37 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 38 *Agreement 39-77 *Performance Bond 78-79 *Labor and Materials Payment Bond 80-81 Notice to Proceed 82 Change Order 83 Certificate of Substantial Completion 84 Lien Waiver (General Contractor) 85 Final Lien Waiver (Subcontractors) 86 Notice of Acceptance 87 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Contractor's Performance Capability Statement (CDOT Form #605) 88 Assignment of Antitrust Claims (CDOT Form #621) 89 UDBE Commitment Confirmation (CDOT Form #1415) 90-91 UDBE Good Faith Effort Documentation (CDOT Form #1416) 92-93 CDBG-DR Required Contract Forms: *Low bidder must submit these forms to Weld County by 4:30 PM by the third day after contract award. Section 3 Certifications 94 Contractor's Plan for Implementation of Section 3 Program 95-97 *Section 3 Business Certification 98 *Assurance of Compliance (Section 3, HUD Act of 1968) 99 *Contractor's Section 3 Plan 100 Section 3 Clause 101 Posted Notice to Project Residents 102 Contractor's Compliance Form — Monthly Report 103 HUD Section 3 Form 60002 104-106 BID NO. 18000072 Page 15 of 828 O2O/ $ -//LL Section 3 Employee Data & Certification 107-108 Contractor's Section 3 Reporting Form — Annual Report 109-111 WELD COUNTY PROJECT SPECIAL PROVISIONS: Project Special Provisions Index 112-113 Project Special Provisions 114-220 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 221 Required Provisions for Federal -Aid Construction Contracts (Form FHWA-1273) 222-240 Current Davis Bacon Minimum Wages Decision 241-247 Recently Revised Standard Special Provisions 248-311 CDOT PROJECT SPECIAL PROVISIONS: CDOT Project Special Provisions Index 312 CDOT Project Special Provisions 313-330 ADDITIONAL DOCUMENTS: Construction Plan Set Separate Document Revised M&S Standards Separate Document Subsurface Exploration and Pavement Design Report Separate Document BID NO. 18000072 Page 16 of 828 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. REQUEST FOR BID dWer y..�„ \ 1861 'ear WELD COUNTY, COLORADO 1150 O STREET r .•.. GREELEY, CO 80631 -• G G U N -r DATE: MARCH 15, 2018 BID NUMBER: B1800072 DESCRIPTION: EM-BR53-58A BRIDGE REPLACEMENT PROJECT MANDATORY PRE -BID CONFERENCE DATE: MARCH 27, 2018 BID OPENING DATE: APRIL 6, 2018 DAVIS BACON DECISION NUMBER: CO180024 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: EM-BR53-58A BRIDGE REPLACEMENT PROJECT The project in general consists of construction of a new bridge. demolition of an existing bridge, realigning an existing intersection, and paving a new roadway. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course. hot mix asphalt, the installation of reinforced concrete box culverts, and the construction of a new bridge. All bidders must meet the requirements of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction to bid this project. This project is a Federal Aid Project. Federal Aid Project No. ERCO30-067-20480. The "UDBE" goal for this project has been established by CDOT to be 5.0%. The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO -1 form requirements. The EEO -1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/jobpat/elinstruct.html. A mandatory pre -bid conference will be held at 10:00 a.m., on Tuesday, March 27, 2018, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley, CO. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Friday, April 6, 2018, 10:00 A.M. (Weld County Purchasing Time Clock. BID NO. 18000072 Page 17 of 828 PAGES 1 -15 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES 1 -15 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 15. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (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 a. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. 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 him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all 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. BID NO. 18000072 Page 18 of 828 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. 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. 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, Section 101. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at their sole discretion, release any Bid at any time. BID NO. 18000072 Page 19 of 828 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 and CDOT 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 Proposal 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 RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of .100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS 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. BID NO. 18000072 Page 20 of 828 Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty ays after hiring a new employee to perform work under the contract, affirm that Successful bidder has BID NO. 18000072 Page 21 of 828 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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., with regard to public records, and cannot guarantee the confidentiality of all documents. 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. He or she 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 BID NO. 18000072 Page 22 of 828 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. 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 falure 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. BID NO. 18000072 Page 23 of 828 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. O. 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. 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. BID NO. 18000072 Page 24 of 828 R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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. 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" BID NO. 18000072 Page 25 of 828 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 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. 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: BID NO. 18000072 Page 26 of 828 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; $5,000,000 umbrella/excess liability each occurrence and aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $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. BID NO. 18000072 Page 27 of 828 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, State of Colorado, and CDOT as additionally insured. Waiver of Subrogation: For all coverages, Successful bidder/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 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. BID NO. 18000072 Page 28 of 828 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: EM-BR53-58A BRIDGE REPLACEMENT PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees 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, sous 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 five (5) 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. BID NO. 18000072 Page 29 of 828 It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. GENERAL NOTE Buy America Certifications shall be provided prior to installation of any steel or iron products on this project. BID NO. 18000072 Page 30 of 828 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 201-00001 CLEARING AND GRUBBING AC 9.0 202-00010 REMOVAL OF TREE EA 83 202-00020 REMOVAL OF CONCRETE BOX CULVERT EA 1 202-00027 REMOVAL OF RIPRAP SY 535 202-00035 REMOVAL OF PIPE LF 183 202-00037 REMOVAL OF END SECTION EA 3 202-00150 REMOVAL OF WALL EA 2 202-00220 REMOVAL OF ASPHALT MAT SY 9,834 202-00400 REMOVAL OF BRIDGE EA 1 202-00810 REMOVAL OF GROUND SIGN EA 16 202-01000 REMOVAL OF FENCE LF 2,061 202-01035 REMOVAL OF GATE EA 6 202-01130 REMOVAL OF GUARDRAIL (TYPE 3) LF 367 202-01400 REMOVAL OF CATTLEGUARD (32 FT) EA 1 203-00100 UNSUITABLE MATERIAL (MUCK EXCAVATION) (CONTINGENCY) CY 7,000 203-01100 PROOF ROLLING HR 40 203-01500 BLADING HR 40 203-01510 BACKHOE HR 40 203-01550 DOZING HR 40 203-01594 COMBINATION LOADER HR 40 203-02330 LABORER HR 40 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 32,180 203-01597 POTHOLING HR 32 206-00000 STRUCTURE EXCAVATION CY 1,270 206-00065 STRUCTURE BACKFILL (FLOW FILL) CY 449 206-00200 STRUCTURE BACKFILL (CLASS 2) CY 631 206-00510 FILTER MATERIAL (CLASS A) CY 857 206-01500 COFFERDAM SF 5,848 206-01781 SHORING (AREA 1) LS 1 207-00205 TOPSOIL CY 4,246 207-00210 STOCKPILE TOPSOIL CY 4,586 208-00002 EROSION LOG TYPE 1 (12 INCH) (10 FOOT LONG) LF 5,220 BID NO. 18000072 Page 31 of 828 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 208-00041 ROCK CHECK DAM EA 12 208-00045 CONCRETE WASHOUT STRUCTURE EA 3 208-00052 STORM DRAIN INLET PROTECTION (TYPE II) EA 20 208-00070 VEHICLE TRACKING PAD EA 6 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 100 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 100 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 100 208-00107 REMOVAL OF TRASH HR 100 208-00207 EROSION CONTROL MANAGEMENT (ECM) DAY 260 210-00010 RESET MAILBOX STRUCTURE EA 1 210-00015 RESET END SECTION EA 1 212-00006 SEEDING (NATIVE) AC 8.0 212-00009 SEEDING (TEMPORARY) AC 4.0 212-00032 SOIL CONDITIONING AC 8.0 213-00002 MULCHING (WEED FREE HAY) AC 8.0' 214-00215 DECIDUOUS TREE (1.5 -INCH CALIPER) (PLAINS COTTONWOOD) - CVSWA PROPERTY EA 25 214-00215 DECIDUOUS TREE (1.5 -INCH CALIPER) (GREEN ASH) - CVSWA PROPERTY EA 1 214-00215 DECIDUOUS TREE (1.5 -INCH CALIPER) (PEACHLEAF WILLOW) - CVSWA PROPERTY EA 28 214-00215 DECIDUOUS TREE (1.5 -INCH CALIPER) (BOXELDER) - CVSWA PROPERTY EA 1 214-00215 DECIDUOUS TREE (1.5 -INCH CALIPER) (AMERICAN ELM) - CVSWA PROPERTY EA 2 214-00260 DECIDUOUS TREE (6 FOOT) - ALACON PROPERTY EA 11 214-00301 DECIDUOUS SHRUB (60ci) (SAND BAR WILLOW) - CVWSA PROPERTY EA 525 216-00201 SOIL RETENTION BLANKET(STRAW/COCONUT) (BIODEGRADABLE CLASS 1) SY 492 240-00001 WILDLIFE BIOLOGIST _ HR 250 BID NO. 18000072 Page 32 of 828 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 240-00010 REMOVAL OF NESTS HR 175 240-00020 NETTING SY 1500 304-06000 AGGREGATE BASE COURSE (CLASS 6) TON 12,950 403-33721 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 2,800 403-34751 HOT MIX ASPHALT (GRADING SX) (100) (PG 64- 28) TON 1,606 420-00115 GEOTEXTILE SEPARATOR (DRAINAGE)(SPECIAL) SY 3,855 420-00132 GEOTEXTILE (SEPARATOR) (CLASS 1) SY 8,700 502-00460 PILE TIP EA 62 502-14102 STEEL PILING (HP 14X102) LF 6,125 506-00212 RIPRAP (12 INCH) CY 141 506-00218 RIPRAP (18 INCH) CY 2,493 506-00224 RIPRAP (24 INCH) CY 467 506-00212 SOIL RIPRAP (12 INCH) CY 122 506-00418 SOIL RIPRAP (18 INCH) CY 1056 507-00350 GROUTED RIPRAP SLOPE AND DITCH PAVING CY 58 512-00101 BEARING DEVICE (TYPE I) EA 6 513-00690 BRIDGE DRAIN (SPECIAL) EA 22 515-00120 WATERPROOF MEMBRANE SY 2,306 518-01004 BRIDGE EXPANSION DEVICE (0-4 INCH) LF 108 601-01050 CONCRETE CLASS B (WALL) CY 267 601-03040 CONCRETE CLASS D (BRIDGE) CY 1,596 601-40300 STRUCTURAL CONCRETE COATING SY 3,280 602-00000 REINFORCING STEEL LB 39,850 602-00020 REINFORCING STEEL (EPDXY COATED) LB 393487 603-01185 18 INCH REINFORCED CONCRETE PIPE (COMPLETE -IN -PLACE) LF 32 603-01305 30 INCH REINFORCED CONCRETE PIPE (COMPLETE -IN -PLACE) LF 104 603-01485 48 INCH REINFORCED CONCRETE PIPE (COMPLETE -IN -PLACE) LF 160 603-05018 18 INCH REINFORCED CONCRETE END SECTION EA 2 BID NO. 18000072 Page 33 of 828 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 603-05030 30 INCH REINFORCED CONCRETE END SECTION EA 4 603-05048 48 INCH REINFORCED CONCRETE END SECTION EA 3 606-00302 MIDWEST GUARDRAIL SYSTEM (MGS) TYPE 3 W -BEAM 31 INCHES LF 584 606-01370 TRANSITION TYPE 3G EA 4 606-02005 END ANCHORAGE (FLARED) EA 4 606-11030 BRIDGE RAIL TYPE 10M LF 1,499 607-01000 FENCE BARBED WIRE WITH METAL POSTS LF 2,467 607-11525 FENCE (PLASTIC) LF 509 607-60116 16 FOOT GATE EA 6 607-60316 16 FOOT GATE TWIN EA 1 609-40011 CURB, TYPE 4 (SECTION M) LF 152 611-00032 32 FOOT CATTLEGUARD EA 1 612-00001 DELINEATOR (TYPE I) EA 56 612-00003 DELINEATOR (TYPE III) EA 10 613-00200 2 INCH ELECTRICAL CONDUIT LF 2,998 614-00011 SIGN PANEL (CLASS I) SF 110 614-00218 STEEL SIGN POST (2.25x2.25 SQUARE POST) LF 141 614-01577 SIGN SUPPORT (2.25x2.25 SQUARE) (SLIPBASE) EA 18 615-00150 EMBANKMENT PROTECTOR (SPECIAL) EA 4 618-00184 PRESTRESSED CONCRETE I (BT84) LF 2,091 620-00001 FIELD OFFICE (CLASS 1) EA 1 620-00020 SANITARY FACILITY EA 1 621-00450 DETOUR PAVEMENT SY 8,675 625-00000 CONSTRUCTION SURVEYING LS 1 626-00000 MOBILIZATION LS 1 627-00005 EPDXY PAVEMENT MARKING GAL 178 627-30210 THERMOPLASTIC PAVEMENT MARKING (STOP LINE) SF 38 630-00012 TRAFFIC CONTROL MANAGEMENT LS 1 700-70390 WETLAND RESTORATION & REPLACEMENT AC 0.18 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $800,000.00 $800,000.00 BID NO. 18000072 Page 34 of 828 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 700-70012 F/A ASPHALT PAVEMENT INCENTIVE FA 1 $32,000.00 $32,000.00 700-70016 F/A FUEL COST ADJUSTMENT FA 1 $6,000.00 $6,000.00 700-70018 F/A ASPHALT PAVEMENT SMOOTHNESS INCENTIVE F/A 1 $15,000 $15,000 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT F/A 1 $60,000.00 $60,000.00 700-70023 F/A ON-THE-JOB TRAINEE FA 1 $2,560.00 $2,580.00 700-70038 F/A DEWATERING FA 1 $150,000.00 $150,000.00 700-70315 F/A FENCE (TEMPORARY) FA 1 $20,800.00 $20,800.00 700-70380 F/A EROSION CONTROL FA 1 $30,000.00 $30,000.00 700-70427 F/A STEEL PILING FA 1 $10,000.00 $10,000.00 700-70429 F/A PILE CUTOFF FA 1 $10,000.00 $10,000.00 700-70592 F/A SURVEY MONUMENTATION FA 1 $1,500.00 $1,500.00 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT. Total Bid (Dollars): Total Bid (Written Words): Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of County's written acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the AGREEMENT. The bid security attached is to become the property of the County in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the County caused thereby. Respectively submitted, By: (SEAL - If bid is by a corporation) Title: Address: BID NO. 18000072 Page 35 of 828 ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 — Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to the "YES" below. No Fuel Cost Adjustment will be made die to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder resects Fuel Cost Adjustments for this project. After the bids are submitted, bidders will not be given any other opportunity to accept or reject the adjustment. YES, I choose to accept Fuel Cost Adjustments for this project. NO, I choose NOT to accept Fuel Cost Adjustments for this project. NOTE: The following are items of work to be completed by Weld County: Materials Quality 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: 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. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1800072 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE 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 -17. BID NO. 18000072 Page 36 of 828 BID BOND PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT 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 , 2018 for the EM-BR53-58A BRIDGE REPLACEMENT PROJECT 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 ,2018 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 ATTEST: By: By: Surety ATTEST: Address By: BID NO. 18000072 Page 37 of 828 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. 18000072 Page 38 of 828 Form W (Rev. August 2013) Dep rtmenl of the Treasury Internal Revenue Service -9 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. i. 8 n m vnu insane tax retie sines rrame/disregarded rmme, if different horn above Check appropn ate bus ke federal tax classification ❑ Individual/sole proprietor lJ C Corporation © S Corporation iEl Partnership Li Trust/estate limited liability compere. Enter the tax dessihratian (C -C corporation, S-5 rmrprxahnn, P=partrexship)► El Other (seet Address (number, s id ZIP co List account number is) here (optional) rite no.) Exemptions (see instructions): Exempt payee code (ii any) Exemption from FA TCA reputing code (rt any) uestor's name and address (optional) 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, d is your employer identification number (EIN). tf you do not have a number, see How to get a 77N on page 3. Note. If the accrvint is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identidoatlon 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 (h) 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 arts 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 we 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 1 Signature of Here u.s. person Date le General Instructions Section relcrences are to the Internal Reverse Code unless otherwise rioted. Future developments. The IRS has aerated a page en IRS.gov for eNormatlur about Form W 9, al www.xs,gavlw9. Inhumation about airy future developments affecting Form W-9 (such as legislation enacted arm we release it) will be posted on that page. Purpose of Form A person who Is required to rile an mkrmaticn return with the IRS must obtain view correct taxpayer identification [lumber (TN) to report, tor exempts, income part to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions. mortgage interest you paid, acquation or abandonment of sacred property, erne station of debt, or contributions you made to an IRA. Use Form W 9 only it you are a t 1.A. person (including a rrxidrnt alien), to provide yar correct I IN to the person requesting Ft (the requester) and, when applicable, to' 1. Certify that the TIN yeti era giving is correct (or you are waling lei a number to be issued), 2. Gently that you are not sublect to backup wdhihnldtng, or 3. Clam exemption from backup withholding it you are a U.S. exempt payee. It appheable, you are also cartityirxg that sa a U.S. person, you allocable share of any partnership inrnrnre hone a U.S. trade or business is not mititer:l In the withholding tax on foreign partners' share of effectively .xrmerted income. end 4. Certity that FATCA codes) entered on this hem (d any) incli ling that you are exempt from the FA 1CA reporting, is correct. Note. It you area 11.5. person and a requester gives you a lawn othor than Form W-9 In request your TIN, you must use the requester's form if it is substantially similar to this Form W, 9. Defnilen of a U.S. peruon Fu federal tax purposes, you are completed a U.S. person it you are: • An individual who is a U.S. citizen or I_I.S. resident alien, • A partnership. corporation. ooxnparry, or association created u organized in the limited States or reader the laws of the Urinal States, • Art estate (other than a foreign estate), or • A domestic trust (as detlned in Regulations section 301.7701 -II. Special rupee for partnerships. Partnerships that rxnduct a trade or business in the United States are generaly required to pay a withholding tax osier section 1446 on any foreign partners' share of effectively ,: nrlected taxable income hum such business, Further, in certain cases where a F own W-9 has not been received, the ides under section 1446 require a partnership to presume that a partner us a foreign person, and pay the section 1446 withholding tax. Ttxretnra, it you ate a U.S. pcesrxt that is a partner ore a partnership cxattucding a bade a bisirress in the United States, provide Form W 9 to the partnership to estabtsh your U.S. status and awed section 1446 withholding on you share of partnership income. Cat. No. t0231X Form W-9 (Rev. 8 2013) BID NO. 18000072 Page 39 of 828 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PliedEC I NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this 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. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder of potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to 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 firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high', noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 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. 4rnrnnntar'a my ornomparly Mar,* BY Dale Trtla 2nd cnntrnoO,n rim or company non.,, (ItJOna venture i BY Dale Titla Sworn to before me this day of, 20 Natbry f'uahc My rnmmisston mrpmmn NOTE: This document must be signed in ink. COOT Farm F606 11Q: BID NO. 18000072 Page 40 of 828 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number Project Code Proposal Date Contractor Region SubcontractorslSupplersNendors: The bidder must list all firms seeldng to participate on the contract. This information is used by the Colorado Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submlt this form may result In the proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (YIN) Selected (YIN) I certify that the information provided herein is true and correct to the best of my knowledge. Name Signature/Initials Title Date Work Proposed Categories: 11 Structural Steel and Steel Reinforcement 21. Clearing. Demolition. Excavation and 1 Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2 Flagging and Traffic Control 13. Landscape and Erosion Control 22. Engineering and Surveying Services 3 Trucking and Hauling 14. Bridge and Bridge Deck Construction 23 Public Relations and Involvement 4. Precast Concrete. Foundations and 15. Asphalt Paving 24 Pries and Deep Foundations Footings 16. Road and Parking Lot Marking 25 Waste Management and Recycling 5 Concrete Paving Fletwork and Repair 17 Chip Seal Crack Seal. Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack Fill 27 Mechanical and HVAC 7. Signs. Signal Installation. and Guardrail 18. Bridge Painting and Coating 28. Tunnel Construction 8. Fencing 19 Stairway and Ornamental Metal 29 Profiling and Grinding 9 Buildings and Vertical Structures 20 Parking Lots and Commercial Sidewalks 30 Environmental Health and Safety 10 Utility. Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot hq_dbeformsCstate.co.us. CDOT Form #1413 01/14 BID NO. 18000072 Page 41 of 828 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project Contact Project Code: Phone: Date of Proposal: Email: Contract Goal: Preferred Contact Method: u m. DBE Firm Name Region: Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total EligibleParticipation pat n Percentage ici io 9e��a..._ This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Name Title Signature Date e submitted by the proposal deadline. For CDOT projects, submit to cdot hq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 BID NO. 18000072 Page 42 of 828 CERTIFICATIONS CIVIL RIGHTS EM-BR53-58A BRIDGE REPLACEMENT PROJECT The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation, denied program benefits, or subjected to discrimination. And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of Race, Color, Religion, Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I (CDBG) of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimination against "qualified individuals with disabilities." And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of $10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this nondiscrimination clause. BID NO. 18000072 Page 43 of 828 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. BID NO. 18000072 Page 44 of 828 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract $25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies, to the best of his or her knowledge and belief that: 1. The individual, sole proprietor, partnership, corporation, and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs (DOLA), U. S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official State of Colorado Department of Local Affairs (DOLA)"Closeout" date of the grant or the resolution of all audit findings, whichever is later. BID NO. 18000072 Page 45 of 828 CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded, and further, by submission of the bid or proposal that the individual or firm, certifies that: 1. There is no substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee with the Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee (including members of their immediate family) with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI -LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub -awards to all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers -Section 503, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (typed name of official) (signature of official) (typed name of official) (signature of official) BID NO. 18000072 Page 46 of 828 CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS EM-BR53-58A BRIDGE REPLACEMENT PROJECT COUNTY MATCH FHWA SITE 5 — 53/58A Contract Number: CDBGDR3-WLD-01 Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 SECTION 3 & SEGREGATED FACILITIES CERTIFICATION NONCOLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO. 18000072 Page 47 of 828 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY EM-BR53-58A BRIDGE REPLACEMENT PROJECT COUNTY MATCH FHWA SITE 5 — 53/58A Contract Number: CDBGDR3-WLD-01 INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER (Include ZIP Code) 1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. Yes No 3. Bidder has filled all compliance reports due under applicable instructions. Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE BID NO. 18000072 Page 48 of 828 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES EM-BR53-58A BRIDGE REPLACEMENT PROJECT COUNTY MATCH FHWA SITE 5 - 53/58A CDBGDR3-WLD-01 Project Name Contract Number Name of Contractor or Sub -Contractor The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) The above stated company is a signatory to the Contractor's Section 3 Plan. (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name and Title of Signer (Type of Print) Signature Date BID NO. 18000072 Page 49 of 828 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER EM-BR53-58A BRIDGE REPLACEMENT PROJECT State of ) County of ) ss. being first duly sworn, deposes and says that: (1) He is of , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affined, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. Subscribed and sworn to me this (Signed) Title day of , 2018 By: Notary Public My Commission expires: BID NO. 18000072 Page 50 of 828 NOTICE OF AWARD PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT To: Project Description: EM-BR53-58A BRIDGE REPLACEMENT PROJECT The project in general consists of construction of a new bridge, demolition of an existing bridge, realigning an existing intersection, and paving a new roadway. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, hot mix asphalt, the installation of reinforced concrete box culverts, and the construction of a new bridge. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute two originals of the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2018 Weld County, Colorado, Owner By: Clay Kimmi, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2018 By: Title: BID NO. 18000072 Page 51 of 828 WELD COUNTY AGREEMENT (SAMPLE) FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & EM-BR53-58A BRIDGE REPLACEMENT PROJECT THIS AGREEMENT is made and entered into this day of , 2018, 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 corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, Bridge Number BR53-58A and approaching roadways are in need of reconstruction and replacement as a result of damage sustained during the 2013 flood, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, 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. B1800072". 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. Exhibit C consists of the Contractor's understanding, agreement, and responsibility to comply with the Community Development Block Grant (CDBG) general conditions. The work shall be in compliance with the applicable GENERAL CONDITIONS and is part of 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 BID NO. 18000072 Page 52 of 828 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. 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 BID NO. 18000072 Page 53 of 828 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. 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 $ , 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 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. 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. 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. 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 BID NO. 18000072 Page 54 of 828 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. BID NO. 18000072 Page 55 of 828 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. 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: BID NO. 18000072 Page 56 of 828 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; $5,000,000 umbrella/excess liability each occurrence and aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $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. 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. BID NO. 18000072 Page 57 of 828 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 County, State of Colorado, and CDOT 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. Contractors Pollution Liability (If Required) 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 (If 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 BID NO. 18000072 Page 58 of 828 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 's 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) (g) 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). 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. 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. BID NO. 18000072 Page 59 of 828 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, Clay Kimmi, Senior Engineer. 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.: President, Address: Address: E-mail: Facsimile: Coun : 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 BID NO. 18000072 Page 60 of 828 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 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. 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 BID NO. 18000072 Page 61 of 828 contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications_ Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledges and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 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.) BID NO. 18000072 Page 62 of 828 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. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. 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 , 2018. 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 Steve Moreno, Chair BID NO. 18000072 Page 63 of 828 EXHIBIT C GENERAL CONDITIONS OF THE CONTRACT 1. Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and Weld County Project Special Revisions shall control construction of this project. BID NO. 18000072 Page 64 of 828 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Drawings 4. Shop or Setting Drawings 5. Materials, Service, Facilities 6. Contractor's Title to Materials 7. Inspection/Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property - Property -- -Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions -Different 22. Claims for Extra Cost 23. County Termination of Contract 24. Construction Schedule/Periodic 25. Payments to Contractor 26. Final Payment as Release 27. Payments by Contractor 28. Insurance 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractors 33. Separate Contractors 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted 44. Life/Health Protection 45. Subcontracts 46. Interest/Congressmen 47. Other Prohibited Interests 48. Use Prior to Acceptance 49. Photographs 50. Suspension of Work 51. Minimum Wages 52. Underpayment of Wages 53. Fringe Benefits 54. Overtime Compensation 55. Apprentices 56. Section 3 57. Employment Prohibited 58. Anti -Kickback Act 59. Classifications Not Listed 60. Benefits Not Expressed 61. Posting of Wage Rates 62. Complaints or Testimony 63. Claims and Disputes 64. Questions Re: Regulations 65. Payrolls and Records 66. Specific Coverage 67. Ineligible Subcontractors 68. Provisions to be Included 69. Breach of Labor Standards 70. Employment Practices 71. Contract Termination; Debarment 72. Public Contract for Services — Employment Eligibility Verification 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms 74. HUD 4010 Form, Labor Standards Provisions BID NO. 18000072 Page 65 of 828 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the County, i.e., the Local Government. (b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for work at the site of the project, for and under separate contract or agreement with the Contractor. (c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without additional expenses to the County. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials BID NO. 18000072 Page 66 of 828 (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the County. The County will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the County and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the County, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the County of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the County and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the County of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the County of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the County for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the County will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said BID NO. 18000072 Page 67 of 828 specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the County. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property — Emergency The Contractor shall at all times safely guard the County's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the County, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action, but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the County such schedule of quantities and costs, progress schedule, payrolls, reports, estimates, records, and other data as the County may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work BID NO. 18000072 Page 68 of 828 No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the County. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved; (b) An agreed lump sum; (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the County may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the County or its Architect/Engineer, acting officially for the County, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the County the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain, and said amount is agreed to be the amount of damages which the County would sustain and said amount shall be retained from time to time by the County from current periodical estimates. BID NO. 18000072 Page 69 of 828 It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the County determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the County; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the County, acts of another Contractor in the performance of a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the contract, notify the County, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the County, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the County, give access to accounts relating thereto. BID NO. 18000072 Page 70 of 828 23. Right of the County to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the County may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless within (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the County shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the County for any excess cost occasioned the County thereby, and in such event the County may take possession of and utilize in completing the work, such material, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the County an estimated construction progress schedule in form satisfactory to the County, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the County: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the County shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the County may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the County at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other division of the Contract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the County, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the County to require the fulfillment of all the terms of the contract. (d) COUNTY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the County harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the County's request, furnish satisfactory evidence that all obligations of the nature hereinabove BID NO. 18000072 Page 71 of 828 designated have been paid, discharged, or waived. If the Contractor fails so to do, then the County may, after having served written notice on the said Contractor, either pay unpaid bills, of which the County has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the County to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the County shall be deemed the agent of the Contractor, and any payment so made by the County shall be considered as a payment made under the Contract by the County to the Contractor and the County shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the County of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the County and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the BID NO. 18000072 Page 72 of 828 amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the County, the County, or Contractor (at the County's option as indicated in the Supplemental General Conditions, Form (HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the County, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the County with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after (10) days written notice has been received by the County." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the County for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the County so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the County. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the County. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the County. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors BID NO. 18000072 Page 73 of 828 If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the County on account of any damage alleged to have been sustained, the County shall notify the Contractor, who shall indemnify and save harmless the County against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his on work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the County, which approval will not be given until the Contractor submits to the County a written statement concerning the proposed award to the subcontractor, which statement shall contain (c) The Contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the County may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the County. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the County shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances BID NO. 18000072 Page 74 of 828 The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the County on the basis of competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; and (f) to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the County to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right -of -Way Prior to the start of construction, the County shall obtain lands and rights -of -way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the County, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The County will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof BID NO. 18000072 Page 75 of 828 Any notice to any Contractor from the County relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the County who is authorized in such capacity and on behalf of the County to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the County who is authorized in such capacity and on behalf of the County to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by County The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the County, provided the County: BID NO. 18000072 Page 76 of 828 (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance -carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a permit to complete construction. Consent of the Surety must also be obtained. (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the County be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the County, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the County may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or BID NO. 18000072 Page 77 of 828 programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. BID NO. 18000072 Page 78 of 828 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage - Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. BID NO. 18000072 Page 79 of 828 (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So -Called "Anti -Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of BID NO. 18000072 Page 80 of 828 a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course BID NO. 18000072 Page 81 of 828 of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay (including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis -Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment BID NO. 18000072 Page 82 of 828 A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services — Employment Eligibility Verification In accordance with C.R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E -Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the County and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E -Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre- employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5- 102(5)(a). (e) The Department of Local Affairs or the County may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the County. 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. BID NO. 18000072 Page 83 of 828 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of BID NO. 18000072 Page 84 of 828 receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or County, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. BID NO. 18000072 Page 85 of 828 Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: A. That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Previous editions are obsolete BID NO. 18000072 Page 86 of 828 B. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3. (ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3. (i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or County, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full BID NO. 18000072 Page 87 of 828 amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ', to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by previous editions are obsolete the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. BID NO. 18000072 Page 88 of 828 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration.... makes, utters or publishes any statement knowing the same to be false.... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 12. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 13. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. BID NO. 18000072 Page 89 of 828 14. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. 15. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 16. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 17. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. 18. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 19. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. 20. The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 BID NO. 18000072 Page 90 of 828 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ). in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. 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. 18000072 Page 91 of 828 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018. Contractor (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. 18000072 Page 92 of 828 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. 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. 18000072 Page 93 of 828 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018. 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. 18000072 Page 94 of 828 NOTICE TO PROCEED PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT To: Name of Project: Date: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Clay Kimmi, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2018. By Title BID NO. 18000072 Page 95 of 828 CHANGE ORDER NO. (EXAMPLE) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT Date: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072 Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The New Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Clay Kimmi, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chairperson BID NO. 18000072 Page 96 of 828 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. Contractor: Contract For: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. 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. 18000072 Page 97 of 828 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT TO: Weld County Public Works Attn: Clay Kimmi, P.E., Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Invitation for Bids, Bid No. B1800072. 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 , 2018, by My commission expires: Notary Public BID NO. 18000072 Page 98 of 828 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT To All Whom It May Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) _ for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of 2018, 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 fora partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO. 18000072 Page 99 of 828 NOTICE OF FINAL ACCEPTANCE PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT TO: Date: RE: PROJECT: EM-BR53-58A BRIDGE REPLACEMENT PROJECT described in the Bid No. B1800072. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Clay Kimmi, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of By (Contractor) Title 2018. BID NO. 18000072 Page 100 of 828 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # 1. List names of partnerships or joint ventures 0 none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes C none b. Key equipment changes 0 none c. Fiscal capability changes (legal actions, etc.) 0 none d. Other changes that may effect the contractors ability to perform work. 0 none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name By Date Title 2nd Contractor's firm or company name (if joint venture) By Date Title BID NO. 18000072 CDOT Form #805 1192 Page 101 of 828 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS PROJECT NC) Contractor and Colorado Department of Transportation (CDOT) 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 COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT 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 CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT 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 CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT 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 CDOT 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 CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT 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 COOT 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. ,or,tr:,,,to,s lurrf o, mrnpony nxine I)9S6 Talc. 2nd contractors lrtn Jr,, npanynano (If Oct /arrtun•'I E;/ Dale Title BID NO. 18000072 COOT form 1621 12191 Page 102 of 828 COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION 1 hts err must be cc) d by the c or: Project: Project Code: Bidder/Contractor: Phone: Contact Email: DBE Firm Name: DBE Phone: DBE Address: DBE Email: Commitment Details Category Work to be Performed DBE Work Code(s) Commitment Amount Eligible Participation Construction Trucking Supplies Services Total This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and accurate to the best of your knowledge. Bidder/Contractor Representative Title Signature Date 4t x, f S tIOn must be completed by the DBE. (Attach add nat s it necessary}. This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered. Are you contracting directly with the Bidder/Contractor or with one of its subcontractors? If with a subcontractor, provide the firm name. Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. Do you intend to subcontract any portion of the work listed above? If yes, state to which firms, what work and the approximate amount. Include trucking subcontractors and owner -operators. Will you be providing trucking services on this project? If so, state how many of your own trucks and employees you will have on this project. Who within your firm will be supervising and responsible for your firm's work on this project? Will you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. Will you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the items. 1 of 2 BID NO. 18000072 CDOT Form # 1415 01/14 Page 103 of 828 This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and have the capacity to perform the work as stated. DBE Representative Title Signature Date See the DBE Standard Special provision for additional information on completing and submitting this form. Pre -award CDOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)757-9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Pre -award local agency projects: Submit this form to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. 2 of 2 CDOT Form # 1415 01/14 BID NO. 18000072 Page 104 of 828 COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1. Contractor and Project Information Bidder: Project: Address: Project Code: Contact Name: Proposal Amount: Contact Phone: Contract Goal Percentage: Contact Email: Contract Goal Dollar Value: Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts. a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform; how much and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number of DBEs per area. b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach to meeting the contract goal). Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/or communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors, modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2. c. If the eligible participation submitted on the Form 1414 was miscalculated, determined to be invalid, or otherwise old not meet the contract goal, provide your justification for such deficiencies and the remedies you have taken or intend to take to avoid the issue in the future. If you have obtained any additional commitments since submission of the bid. attach the Form 1415(s) and the reason why such commitments were not obtained prior to the proposal due date. Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE participation on this contract. If, at any time, COOT has reason to believe that any person Cf firm has willfully and knowingly provided incorrect information or made false Statements, CDOT may initiate suspension or debarment proceedings against the person or firm under 49'CFR Part 29, take enforcement action' under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal program. Sy signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached supporting documentation. I, am the of Representative Name Title Company i have the authority to make this affidavit for and on behalf of my company. All information provided company's good faith efforts is true and accurate to the best of my belief. herein and attached as evidence of my SEAL Signature Date Notarization: Must be completed by a licensed notary. County of State of Subscribed and sworn Notary Signature Notary Address before me this day of CDOT projects: Submit this form and all supporting documentation to the CDOT Civil Rights and Business Resource Center via fax to (303)757- 9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver. CO 80222. Local agency projects: Submit this form and all supporting documentation to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Page 1 of 2 BID NO. 18000072 CDOT Form #1416 01 Page 105 of 828 Subcontractor Quote Summary (Attach additional pages if necessary.) Subcontractor DBE (Y/N) Work Type(s) Quote Amount Selected (Y/N) Reason Page 2 of 2 BID NO. 18000072 CDOT Form #1416 01 Page 106 of 828 SECTION 3 CERTIFICATIONS COUNTY MATCH FHWA SITE 5 — 53/58A (aka EM-BR53-58A BRIDGE REPLACEMENT PROJECT) THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS. The Section 3 Business Self Certification, Assurance of Compliance and Contractor's Section 3 Plan forms. are to be completed by the Contractor and subcontractor and shall be submitted as a part of the bid package or within 3 days of contract award. The bidder completes these forms to qualify as a Section 3 business concern. The Contractor shall also implement the Contractor's Plan for Implementation of Section 3 Program. DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. Additionally, the following forms shall be included in all Section 3 covered contracts/subcontracts: 1. Section 3 Business Self Certification 2. Assurance of Compliance (Section 3, HUD Act of 1968) 3. Contractor's Section 3 Plan 4. Section 3 Clause 5. Posted Notice to Project Residents 6. Contractor's Compliance Form — Monthly Report 7. HUD Section 3 Form 60002 8. Section 3 Employee Data & Certification 9. Contractor's Section 3 Reporting Form — Annual Report BID NO. 18000072 Page 107 of 828 CONTRACTOR'S PLAN FOR IMPLENTATION OF SECTION 3 PROGRAM Section 3 is implemented to "ensure that employment and economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible and consistent with existing federal, state and local laws and regulations, be directed to low- and very -low income persons." The rule that triggers implementation of Section 3 requirements is "new" employment. Federally funded projects in excess of $200,000.00 and contracts in excess of $100,000.00 are required to follow the policy and procedures of Section 3 once the need for "new" employment is established. The Section 3 requirements only apply to construction contractors who install materials and / or equipment. RESPONSIBILITIES FOR CONTRACTORS Numerical Goals If the Contractor hires new persons to complete the Section 3 covered contract or needs to subcontract portions of the work to another business, they are required to direct their newly created employment and/or subcontracting opportunities to Section 3 residents and businesses. As a result, the numerical goals that have to be met are 30% of the aggregate number of new hires that are considered Section 3 residents for each year over the duration of the project, 10% of the total dollar value of the construction contracts to Section 3 businesses or 3% of the non -construction contract value to Section 3 businesses. A Section 3 resident is an individual residing in the Section 3 local area that can document that he/she is one or more of the following: 1. A public housing resident 2. A participant in a DOL YouthBuild program (www.milehighyouthcorps.org) 3. A member of a family that receives federal housing assistance 4. An individual who meets the HUD income limits for determining the eligibility of low- (do not exceed 80% of the median income for the area) and very low-income persons (do not exceed 50% of the median income for the area) — Please see the Appendix A for a table of HUD income limits. The Contractor shall use the following methods for Outreach to Section 3 Individuals: 1. Register Section 3 workers and refer them to job training they may need to be successful as workers on projects under Section 3. 2. Post notices or advertise at the local unemployment centers. 3. Advertise contracting opportunities via newspaper, mailings, posting notices that provide general information about the work to be contracted and where to obtain additional information. 4. Distribute notices of upcoming projects to local Public Housing Agencies, contractor associations, community organizations, Small Business Administration (SBA), Minority and Women's Business Enterprise MM/BE association and Community Development Corporations. 5. Distribute target flyers and outreach in neighborhoods of Section 3 eligible activities. A Section 3 business is a business that is located in the Section 3 local area as defined in this section and that is able to demonstrate one of the following: 1. 51% (or more) of your business is owned by one or more Section 3 residents, and whose management and daily business operations is controlled by one or more such individuals. 2. At least 30% of your business workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of the date of first employment with your business. BID NO. 18000072 Page 108 of 828 3. Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. The Contractor shall use the following methods for Outreach to Section 3 Businesses: 1. Advertise contracting opportunities via newspaper, mailings, and posting notices that provide general information about the work to be contracted and where to obtain additional information. 2. Distribute notices of upcoming projects to local Public Housing Agencies, contractor associations, community organizations, small business administration (SBA), Minority and Women's Business Enterprise M/WBE association, and Community Development Corporations. 3. Conduct an annual staff workshop on contracting procedures to include bonding, insurance, and other pertinent requirements, in a timely manner in an effort to allow Section 3 business concerns the opportunity to take advantage of any upcoming contracting opportunities. 4. Provide technical assistance directly or through contracted organizations to help Section 3 businesses meet bonding and insurance requirements and become certified as Section 3 business. Additionally, this assistance will focus on helping existing Section 3 eligible contractors to identify and utilize other Section 3 businesses, subcontractors and suppliers. 5. Research possible Section 3 business listed on the HUD Registry at www.hud.gov/Sec3Biz. ORDER OF PROVIDING PREFERENCE To demonstrate compliance with the "greatest extent feasible" requirement of Section 3, contractors must provide training, employment and contracting opportunities generated from the expenditures of Section 3 covered assistance in order of priority, pursuant to § 135.34, 24 CFR Part 135: First Priority — Section 3 residents residing in the service area or neighborhood in which the Section 3 covered project is located. Second Priority - Participants in HUD Youth Build programs in which the Section 3 covered assistance work is to be performed. Third Priority — Other persons from the metropolitan area who meet the definition of Section 3 resident contained in § 135.5 of 24 CFR Part 135. DATA COLLECTION AND REPORTING Contractors shall provide training, employment and contracting opportunities to Section 3 residents and Section 3 business concerns. Additionally, monthly and annual reports shall be collected, processed and distributed by the Contractor and provided to the County. Monthly Reporting 1. The Contractor shall submit the Contractor's Compliance Form (Monthly Report) with the invoice each month during the construction cycle. Failure to submit the monthly report will result in a delay in the processing of the monthly pay application. The County will not process the pay application without full compliance with the Section 3 requirements. Annual Reporting 1. Contractors shall submit a Contractor's Section 3 Reporting Form and the HUD Section 3 Form 60002 reports twice during the project. The first report shall be due to the County by no later than 30 days after the contract award and the second report shall be due on April 30, 2019, please see Contractor's Section 3 Reporting Form. Failure to submit the annual reports will result in a delay in the processing of the monthly pay application. The County will not process the pay application without full compliance with the Section 3 requirements. BID NO. 18000072 Page 109 of 828 2. At project completion, the Contractor will conduct a final review of the project's overall performance and compliance. The Contractor shall require all Section 3 new hires to self -certify that they are a Section 3 person; therefore, completion of the attached `Employee Data & Certification' form must be completed by all Section 3 new hires and submitted to the hiring contractor. The Contractor shall retain this documentation and submit it to the County monthly with the monthly activity report. Any subcontractors whose contract value exceeds $100,000.00 are required to adhere to Section 3 requirements. The attached `Subcontractor Certification Regarding Section 3' form shall be used to ensure compliance from the subcontractor. This form shall be submitted to the County with the monthly activity report. After the award of a contract but PRIOR to beginning work, the Contractor shall, in a visible location within the construction site, complete and post the attached `Posted Notice to Project Residents' Form. All Section 3 projects are required to maintain comprehensive documentation of their Section 3 outreach efforts and implementation activities and must be able to have all documents available for review by County and/or HUD officials. 2016 HUD Income Limits Summary FY 2016 Income Limit Area FY 2016 Income Limit Category Persons in Family 1 2 3 4 5 6 7 8 Weld County Very Low (50%) Income Limit ($) 24,050 27,450 30,900 34,300 37,050 39,800 42,550 45,300 Extremely Low - Income Limits ($) 14,450 16,500 20,160 24,300 28,440 32,580 36,730 40,890 , Low (80%) Income Limits ($) 38,450 43,950 49,450 54,900 59,300 63,700 68,100 72,500 ea Ian Income IS $6ti, BID NO. 18000072 Page 110 of 828 COUNTY SECTION 3 BUSINESS SELF -CERTIFICATION This form is to be completed by the contractor if applicable, and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. Project Name: COUNTY MATCH FHWA SITE 5 — 53/58A (aka EM-BR53-58A BRIDGE REPLACEMENT PROJECT) Contract Number: CDBGDR3-WLD-01 Contractor Name: It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes No To qualify as a Section 3 business, you must meet one or more of the following three criteria (please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned (51% or more) by Section 3 residents (defined below *) Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. * Section 3 residents are persons who either live in public housing or are at or below the following income qualifications (available from your Project Monitor or at HUD.GOV): htto://www.huduser.orq/portal/datasets/il/iI2013/select Geography.odn) Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 business. Signature Title Name (printed) Date (typed name of entity) (date) BID NO. 18000072 Page 111 of 828 ASSURANCE OF COMPLIANCE (SECTION 3, HUD ACT OF 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this contract, the Contractor shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973 as amended), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this contract. The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing Section 3 business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provided incorporation of the "Section 3 Clause" specified by Section 135.38 of the regulation in all contracts for work in connection with the project. The Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the Contractor, its successors, and assigns. Failure to fulfill these requirements shall subject the Contractors and subcontractors, its successors, and assigns to the sanctions specified by the contract, and to such sanctions as are specified by 24 CFT 135.38(f). Contractor/Subcontractor Signature Address Date BID NO. 18000072 Page 112 of 828 CONTRACTOR'S SECTION 3 PLAN agrees to implement the specific following affirmative action steps directed at increasing the utilization of lower income residents and businesses within the County. A. To ascertain from the locality's CDBG-DR program official the exact boundaries of the Section 3 project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from with the city/county/MSA, the necessary number of lower income residents though: local advertising, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area. C. To Maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this Section 3 plan in all bid documents and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To ensure that subcontractors adhere to the Section 3 provisions that are applicable to the Contractor. F. To ensure that all appropriate project area business concerns are notified of pending sub - contractual opportunities. G. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. H. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 Plan. I. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to Section 3 objectives. J. To maintain records of all project workforce needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets Section 3 objectives. As officers and representatives of Company Name We the undersigned have read and fully agree to the Section 3 Affirmative Action Plan, and become a party to the full implementation of the program and its provisions. Signature Signature Title Title Date Date BID NO. 18000072 Page 113 of 828 SECTION 3 CLAUSE All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause): A. The work to performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under the Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act. (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). BID NO. 18000072 Page 114 of 828 POSTED NOTICE TO PROJECT RESIDENTS The project County Match FHWA Site 5 — 53/58A is being funded in part by the U.S. Department of Housing and Urban Development under the Disaster Recovery Funding Program. This notice complies with the Program's Section 3 Plan and is intended to inform the public, in particular project residents, of the economic opportunities (jobs) created through the use of the federal award. Contractor/subcontractor intends to hire for the following positions: Section 3 preferences: 1. Persons residing in the project area and who are low- to very low-income 2. Homeless Persons 3. Residents of the local Public Housing Authority 4. Residents of the local Section 8 Housing Assistance Program units For more information including job applications, apprenticeships, training positions, and qualifications, contact: Name of Contractor Contact Person Street Address City, State, Zip Phone Estimated Construction Start Date BID NO. 18000072 Page 115 of 828 CONTRACTORS COMPLIANCE FORM (MONTHLY REPORTING FORM) Contractor and all subcontractor(s) must sign, date and deliver this form monthly as a part of the pay application. Failure to submit shall result in a delay in the processing of the pay application. Project Name: County Match FHWA Site 5 53/58A Project Location: CR 53 and the South Platte River For the Month of: I. Hiring Select One: ❑ I have not hired any new employees during the month specified. ❑ I have hired Section 3 employees, and/or non -Section 3 employees during the month. II. Recruitment I have taken one or more of the following recruitment steps to hire a Section 3 resident with the highest training and employment priority ranking: (check all that apply) ❑ I have made the Regional Workforce Solutions Center, and/or the Regional Workforce website the initial contact for all new hires. ❑ I have advertised to fill vacancy(ies) at the site(s) where work is taking place, in connection with this project. Below, I have checked the steps I have taken to find Section 3 low-income residents, from the targeted groups and neighborhoods, to fill any vacancies. ❑ Placed signs or posters in prominent places at project site(s). ❑ Taken photographs of the above item to document that the above step was carried out. ❑ Distributed employment flyers to the administrative office of the local Public Housing Authority. ❑ Contacted employment referrals or Youthbuild Program referrals. ❑ Kept a log of all applicants and indicated the reasons why Section 3 residents who applied were not hired. ❑ Retained copies of any employment applications completed by Public Housing Authority, Section 8 certificate or voucher holders or other Section 3 residents. ❑ Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representative with whom our firm has a collective bargaining or other agreement. III. Verification ❑ I have attached proof of all checked items. I hereby certify that the above information is true and correct. Date Signature Title Business Name BID NO. 18000072 Page 116 of 828 HUD SECTION 3 FORM 60002 (ANNUAL REPORT) Section 3 Summary Report Economic Oppvctlmitiesfor Low- and Very Low-Iii.im Persons See Cock ar page trr Pmt 1. fleeIpleatrwtar* 6nd3as (Agee, chi, same, z +) 2. Federal lelenlaration: (grad no.) 3. Total Arnaud of Award: 4. Contact Person: 5. Plane: (Maude area codel E. Reporting PerlocC 7. Reppitrlg Period::. & Date ReportSrsrrr ed: 9. Pi uv dm GE (Use a separate stieet fbr each program code) 10. Proctyan Nave: U.S. Depsetment of Housing arid Urban Development Office of Fair Housing And EquA Opportunity 01A3 Approrar No. 2529-00 43 (ens_ 111X112010) tt0 Fled Office: Part Eireployment and Training (" Cdirnns B. C and F are r A Job Categrxy Number of New hires C Ntrrirer or New Hires a►,at me Sec. 3 Reslttents fields. Include New lines in E & F. D( ) of Aggnegia* Number or Mal Hours d New Hires Mal are Sec. 3 Residua E (flpacna} % or Total Sur Floats for Section 3 Employees anrlTlrainees F Number orSection 3 Trainees Technicians Consinubort by Trade 4.164 Trade Trade Trade "Pta }tma Codes 1 - Maitre Subsidy 2 - Section 202,511 BID NO. 18000072 3 - Pubilctlndlan Housing A - De •e oprnent, - Operator! C-14ocIerr zanen 4 - -forleiess Assistance 5 ,1.101 Ff 6-+AOt1E late Administered 7 DSG-Er ernent 8 - CDEG-State Ad lnlslered 9 - Other CD Programs 1C. Other Housing Prograrns Page 117 of 828 Pat It Casts Awarded . Constipation Contracts: A. Total dolor amount of al contacts awarded en the pmject B. Total dollar anoint of contracts awarded to Section 3 businesses C. Ph≥mentage oldie total & Aa amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. iron -Construction Conti Patti& Sennnanp tree betatron made to ditectibe en fpd ownent and other enema= appontionies generatedtglitle financial assistance ftstla sing and ocomunityclevelownent programs. to the greatest feasible, tnirard dish and very ins some gasmen, particularly those who are recipients at go rent assinance for housing. (Chedt alt that apply.y Patemptedloireauitlowincomeresideritsihrough: localadvertising media. signs piamitentlyilispliwedattheponctsite. contacts with cannon* apai¢ations and pubic or private operating within the metropolitan area fur nenmetropothan noway" it winchthe Section 3 inverted FlOgratll or groped is located. or simian rnethode. Pannipated al a HUD phwgran ar other program which promotes the training arembmtertat Setltirn 3 residents. _ Ina 1111) intgram oroutlays impart width promotes the amrd of contradts to business concerns Id * meet the deSnition of Section 3 thornless ess ccircems. Goorderated with Youltibuid Programs admiresteeed in the metropolitan area in Michthe Section 3 covered projects located. Other, describe below Pullin importing burden for this collection of irrf.nnavon is estimated to average 2 hours per rosporwe. iricaireng the lime far reviewing instructions, searching existing Baia sources. gathering and mairrtaineng the data needed. and enrwilletirw and redwing the colleaton of intormation This agency may wit collect this bats motion, and you we riot required to complete this ferns unless t displays a nartendy edit 0MB meted ember. Section 3 of the Housing and' Urban Development Act of 1988, as amended, 12 U.S.C. 716iu.. mandates that the Department etwspre that employment and other economic appochmdies generated by its housing and community development assistance programs ate dneclted toward tow- and very low- Mom ipersoes, partirxrlady those who am recipients of government assistance for housing_ The regulations are found at 24 CFR Part 135. The information will be used 'by the Department to monitor proam recipients' comphance with Section 3, te assess the resold of the Department's Obits to meet the statutory objectives of Section 3. to prepare itsvoltt m Congress, and by marrieds as a sellarianitoring tnot The data is entered into a database and will be analyzed and distrilvded. The ccAlection of damnation invalves recipients receiving Federal financial assistance for 'housing and community development pihpans covered by Section 3 The information wit be caSected anomaly to asst HUD in meeting its reporting requirements wider Section {e' i) of the Fair Housing Act and Section NO of the HGDA of WIZ An assurance of conidentidety is not apllficairte to this tone. The Prima/ Act of 1974 aid OM Growler A-tOO roc not applicable_ The reporting requirements do not contain sensitive questions Dada is cumulative; personal identifying information is not included. BID NO. 18000072 Page 118 of 828 Form tNUD-600O2, Section 3 Summary Report Economic Opportunities for Low- and Very Low-income Persons. Instructions: This form is to be used to report annual accompeehmenis regariing ernpiapnet t and other economic opportunities proveded to low- and very low-income persons larder Section 3 of the Housing and Urban Development Ad of t968. The Section 3 regulations apply to any aalec and Olean Housing programs that receive: 41) development assistance pursuant to Section 5 or the U.S. Musing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 erne U.S.Housing Act of 1937 and to recrplanrs or noosing and commrlrrey drtww/opirleit assistance In wows or $201000 expended tor. VI) housing rehablrt don Mekong reduction and abatement of lead -based pate hazards); t2) housing construction; or (3) other public •consibe ton projects And to commas and subcoriiraQB IA emu of O100,000 awaited In connection well the Sedton-3- oDwned malty. Form tft10.60 2 has three parts which are to be completed fix al programs covered by Section 3. Part i relates to emplojswe m and oaring, The recipient has the option to determine numerical ernploytnentroalning goals eitner On the basis al the number of hours worked by new hires (columns 8, O. E anti F)dr the number of new hires utrzed on the Section 3 covered project (columns 8, C and F). Pan II of ice aim relates to contracting, and Pat III summarizes recipient' oaten to comply write Section 3_ Recipients or contractors sub(ect to Section 3 rewirernents must maintain appropriate ddbunte lotion to establish teat HUD iinanata assistance for housing aid canuntunity development programs were erected toward tow- and very low -Income persons.- A recipient or Section 3 covered assistance shall outran two copies of ills report tffi the local HUD Field Ofitce. Where the vagrant providing ambience iequfres an annual performance report, this Section 3 teport is io be submitted at the same time the program pertonnarice report is submitted. Where an annual pe rcanance report is not required, this Section 3 repel Is to be submitted by January lit and, If the project ends before December 31, mann fib days of project completion. Only Mime Recipients are sequined to mom ao SULl. The Iepon most Iodide aconatpf'aIwmerms of an m queues and their Secece 3 COMM Cofrn'ecmrs and atilexi nmcrors. MUD Field OAlcn Enter the Fleid Office name. • t _ Recipient Ether the name and address of the recipient submitting this repent 2. Federal lderttlneation: Enter the number that appears on the award form fetti dashes), Sue award may the a grantcooperative agrlrimedt Cr diittfner. 3_ Dote Amount of Await Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4. 55 Contact Person/Pnone: Enter the name a aid telephone number or the person with knowledge or the award anti the recipients iniplemedtaton or Section 3. 8. Repotting Period: Indicate the time period (months and year) this report covers. 7 Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as 115teC a1 the bottom cr the page. 9. Program Name: Enter the name of the MUD Program corresponting with the'Program Code in owner 8. Part I: Employment and Treeing Opponiedgss Column A: Contains venous fob categories. Professionals are defined as people who have special inchrtedge of an occupation p.e., supervisors, architects, surveyors planners, and computer pji ioives). For construction posluens, Mt each trade and provide data Im columns I3 through F fix each trade where persons were employed. The category or 'Other includes occupations such as servIce meets. Cblume 8 (Mandatory Field): Enter the number of new hires for each category' or workers ldentined In Column A m convection OM els award. New lore refers to a person who is not on the cwiracbrs of recipients payroll for emproymnent at the time of selectlan for the Section 3 covered award or at the time of receipt of Section 3 Covered assistance_ Column C: (Maneatory Field) Enter the mmner of Section 3 new Ores for each category of waters ldermded in Column A In connection wth its award. Section 3 new hire refers to a Section 3 reeldent Mots not on the contractor's ar recipient's payroll for employment a the time of selection for tote Section 3 coveted award or at the time of receipt ofSection3 covered assistance. Column lrb: Enter the percentage of all erne staff florins el new hires (Section 3 resider) In connection with this award. Column E: Enter the percentage of Me total star holes worked for Section 3 employees and trainees (Including new llres) corstected with Ills award. Include start hours 10r pat-tirtie and fill-Wne possions. Column F (Mande ltory Fluid): Enter the 'turner of Section 3 residents that werelralned in connection en this award. Part It Contract Opportunities Biota 1 Construction Contracts Item A: Enter the total dollar amount of all con acts awarded em the prefect program. Item 8: Enter the total dollar amount of contracts connected nth fins prof ecttprogram that were awaited to Section 3 iusfneeses_ Item C: Ender the percentage of the total dollar amoral of contracts conceded with tills profectprograrn awarded to Section 3 biselnesses. item D: Enter the number of Section 3 businesses mecehnng awards. Block 2: Non -Co nsuutaort Contracts lien A: Enter the total dollar amount of al contacts awarded on the Plated' fir. Item B: Enter tine total dollar mown of contracts connected with this project awarded to Section 3 businesses. limns C: Enter the percentage of the total dollar amount of contracts connected wilt this pro(ed+plagtars awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses recewtng awards. Part lit Summary of Efforts - Self-explanatory Submit two (21 copies or this report to the m tote HUD Reid Office of Fair Housing and Equal Opportunity, Program Operations and Compliance Center director, at the same time the performance repel Is submitted to ice program once. •For those programs where such a report is not required. the Section 3 report is submitted by January 10. include only contracts executed during the reporting pentad specified in Item 5. PttAslttAs are to report all coentractsrstiinaontracts. The terms 'tow -Income persons' and 'very low-income persons' have the same meanings green the terms in section 3(11)(2) of the United States Housing AM of 1937. Low -Income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median Income for the area, as determined by the Secretary, with adjustments for smaller and larger famtiles except that the Secretary may establish Income cellI ngs higher or tower than Bar per mitten or the median for me area eased on the Secretary's findings such that variations are necessary be- cause of prevailing lents of cons[ ucilon costs or untisrnity high- or ow- Income families. Wry law -mama persons mean low- incolne families (Including single persons) whose Incomes do not exceed 5t1 per cemtisu of the median rattily income for line area, as determined by the Secretary with adjustments for mailer and larger famines, except that the Secretary may establish hearne Wings higher or lower than 50 per centrrn of the median lathe area on the basis or the Secetarys finings that such variations are necessary because of unusually high or low randy incomes. form ifUD-60002 idr200f ref 24 CFR 135 BID NO. 18000072 Page 119 of 828 SECTION 3 EMPLOYEE DATA & CERTIFICATION The U.S. Department of Housing and Urban Development (HUD) requires that the State of Colorado document the income of newly hired persons working on federally -funded construction projects. This form is intended to comply with HUD Community Development Block Grant requirements. Section I Applicant's Name: Address: Section I (Race/Ethnicity) What is your race (Check one) ❑ White ❑ Black/African American ❑ American Indian/Alaskan Native ❑ Black & White ❑ Other Multiracial Is your family of Hispanic origin? Job Title: Phone: ❑ Asian & White ❑ Asian ❑ Native Hawaiian/Other Pacific Islander ❑ American Indian/Alaskan Native & Black ❑ Yes ❑ No Section II (Check the correct answer) 1. Do you currently reside in Public Housing? O Yes O No 2. Are you a participant in a Department of Labor YouthBuild Program? O Yes ❑ No 3. Are you a member of a family that receives federal housing assistance? O Yes O No 4. Is your total family income (based on your family size) at or below the amount listed below? ❑ Yes ❑ No Household Size 1 2 3 4 5 6 7 8 Denver (MSA), Adams, Arapahoe, Denver, Douglas, Jefferson, Broomfield, Elbert, Park, Clear Creek, Gilpin $44,750 $51,150 $57,550 $63,900 $69,050 $74,150 $79,250 $84,350 Boulder County $46,100 $52,650 $59,250 $65,800 $71,100 $76,350 $81,600 $86,900 Greeley (MSA), Weld County $37,350 $42,700 $48,050 $53,350 $57,650 $61,900 $66,200 $70,450 Fort Collins (MSA, Larimer County $43,600 $49,800 $56,050 $62,250 $67,250 $72,250 $77,200 $82,200 5. Is your hourly pay rate at, or below the HUD -established income limit for a one -person family for the jurisdiction you reside in? (mark below) Denver MSA - $21.51 per hour or less O Yes Boulder County - $22.16 per hour or less O Yes Greeley MSA - $17.95 per hour or less O Yes Fort Collins MSA - $20,96 per hour or less O Yes ❑ No ❑ No ❑ No ❑ No BID NO. 18000072 Page 120 of 828 SECTION III 1. Are you presently residing in one of the disaster declared counties? 0 Yes 0 No Adams County, Arapahoe County, Boulder County, Clear Creek County, Crowley County, Denver County, El Paso County, Fremont County, Gilpin County, Jefferson County, Lake County, Larimer County, Lincoln County, Logan County, Morgan County, Sedgwick County, Washington County and Weld County. I certify that all of the above information is true and correct to the best of my knowledge. Employee Signature Date BID NO. 18000072 Page 121 of 828 CONTRACTORS SECTION 3 REPORTING FORM FOR APRIL 1, 20 THROUGH MARCH 31, 20_ Recipient Name and Address: Contact Person: Telephone Number: Project #: CDBG-DR3-WLD-01 Total Project Cost (Include grant funds and all other funding sources: Source of Grand Funds (Check whichever is applicable and include $ amount per funding source): CDBG-DR CDBG HOME $ $ $ Part is Employment & Training (**Include new hires in columns E & F) A. Job Category B. Number of New Hires C. Number of New Hires that are Sec. 3 Residents D. % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E.** % of Total Staff Hours for Section 3 Employees and Trainees F.** Number of Section 3 Employees and Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total BID NO. 18000072 Page 122 of 828 Part II. Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project: B. Total dollar amount of all contracts awarded to Section 3 businesses: C. Percentage of the total dollar amount that was awarded to Section 3 businesses: D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: A. Total dollar amount of all non -construction contracts awarded on the project/activity: B. Total dollar amount of non -construction contracts awarded to Section 3 businesses: C. Percent of the total dollar amount that was awarded to Section 3 businesses: D. Total number of Section 3 businesses receiving non -construction contracts: $ Part III. Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community develop programs, to the greatest extent feasible, toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply) ❑ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations, and public or private agencies operating within the metropolitan area or nonmetropolitan county) in which the Section 3 covered program or project is located or similar methods. ❑ Participated in a HUD program or other program, which promotes the training and employment of Section 3 residents. ❑ Participated in a HUD program or other program, which promotes the award of contracts to business concerns, which meet the definition of Section 3 business concerns. ❑ Coordinated with YouthBuild Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ Other, describe below: BID NO. 18000072 Page 123 of 828 DEFINITIONS TO BE USED IN COMPLETING SECTION 3 FORM This form is to report annual accomplishments regarding employment, training and contracting opportunities provided to low and very -low income persons under Section 3 of the Housing and Urban Development Act of 1958. DEFINITIONS SECTION 3 POLICY To ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing. SECTION 3 RESIDENT A public housing resident or an individual who resided in the metropolitan area or non -Metropolitan County in which assistance is expended and whose income does not exceed 80% (low income) of the median for the area with adjustments. NEW HIRE A full-time employee for a new permanent, temporary or seasonal position that is generated from the expenditure of Section 3 covered assistance. SECTION 3 COVERED CONTRACT At the grantee level, a contract or subcontract in excess of $100,000 (construction or professional services) for work paid for by grant or other funds on a Section 3 covered project. SECTION 3 COVERED PROJECT A project containing the activities of construction, reconstruction, conversion, or rehabilitation of housing, or other public construction which includes buildings or improvements assisted with housing or community development assistance in which the total project costs exceed $200,000 (may include projects with professional services contracts). SECTION 3 BUSINESS CONCERN A business that provides economic opportunities to low and very low-income persons through business ownership, employment, training, or subcontracting. Specifically, a business: (1) (2) (3) With 51% or more ownership by Section 3 residents; OR, In which at least 30% of permanent, full-time employees are Section 3 residents; OR, Which commits to subcontract more than 25% of the dollar award of all subcontracts to businesses that meet the qualifications of (1) and (2). BID NO. 18000072 Page 124 of 828 PROJECT SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2017 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 2017 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 (January 2018) 114 Commencement and Completion of Work (January 2018) 115 Disadvantaged Business Enterprise (DBE) Contract Goal (January 2018) 116 On the Job Training (January 2018) 117 Byrd Anti -Lobbying Amendment Clause (January 2018) 118 Revision of Section 101 — Definition of Terms (January 2018) 119 Revision of Section 102 — Bidding Requirements and Conditions (January 2018) 120 Revision of Section 103 — Award and Execution of the Contract (February 2018) 121 Revision of Section 104 - Scope of Work (January 2018) 122-124 Revision of Section 105 — Control of Work (January 2018) 125-128 Revision of Section 106 — Conformity to the Contract of Hot Mix Asphalt (Less than 5000 Tons with Gradation Acceptance) (January 2018) 129-133 Revision of Section 107 — Legal Relations and Public Responsibility (January 2018) 134-137 Revision of Section 108 — Prosecution and Progress (January 2018) 138-140 Revision of Section 109 — Measurement and Payment (January 2018) 141-142 Revision of Section 201 — Clearing and Grubbing (January 2018) 143 Revision of Section 202 — Removal of Structures and Obstructions (January 2018) 144-146 Revision of Section 202 — Removal of Trees and Trimming (January 2018) 147-148 Revision of Section 202 — Removal of Bridge (January 2018) 149-152 Revision of Section 203 — Excavation and Embankment (January 2018) 153-155 Revision of Section 206 — Excavation and Backfill for Structures (January 2018) 156 Revision of Section 207 — Topsoil (January 2018) 157-158 Revision of Section 208 — Erosion Control (January 2018) 159 Revision of Section 209 — Watering and Dust Palliatives (January 2018) 160 Revision of Section 210 — Reset Structures (January 2018) 161 Revision of Section 211 — Dewatering (January 2018) 162-164 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner and Sodding (January 2018) 165-168 Revision of Section 213 — Mulching (January 2018) 169 Revision of Section 214 — Nursery Stock Containers and Unrooted Cuttings (February 2018) 170-184 Revision of Section 216 — Soil Retention Covering (January 2018) 185-186 Revision of Sections 304 and 703 — Aggregate Base Course (January 2018) 187-188 BID NO. 18000072 Page 125 of 828 PROJECT SPECIAL PROVISIONS INDEX Date Pages Revision of Section 401 — Plant Mix Pavements — General (January 2018) 189 Revision of Section 403 — Hot Mix Asphalt (January 2018) 190-193 Revision of Section 411 — Bituminous Materials (January 2018) 194 Revision of Sections 420 and 712 — Geosynthetics (January 2018) 195-198 Revision of Section 506 — Riprap (January 2018) 199 Revision of Section 601 - Structural Concrete (January 2018) 200 Revision of Section 603 — Reinforced Concrete Pipe (January 2018) 201 Revision of Section 612 — Delineators and Reflectors (January 2018) 202 Revision of Section 614 — Traffic Control Devices (Ground Sign Posts) (January 2018) 203 Revision of Section 620 — Field Facilities (Field Office Install) (January 2018) 204-205 Revision of Section 621 — Detour Pavement (January 2018) 206-207 Revision of Section 624 — Drainage Pipe (January 2018) 208 Revision of Section 625 — Construction Surveying (January 2018) 209 Revision of Section 626 — Mobilization (January 2018) 210 Revision of Section 630 — Portable Message Sign Panel (January 2018) 211-212 Revision of Section 700 — Wetland Restoration and Replacement (February 2018) 213 Force Account Items (January 2018) 214-215 Traffic Control Plan — General (January 2018) 216 Utilities Coordination (January 2018) 217 SB-40 Wildlife Certification Requirements (February 2018) 218-220 BID NO. 18000072 Page 126 of 828 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. Clay Kimmi, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 ckimmi@weldgov.com Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3749 ddunker@weldgov.com The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. A mandatory pre -bid conference will be held on March 27, 2018 beginning at 10 a.m. at 1111 H St, Greeley, CO 80632, Public Works Conference Room. 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 Weld County web site listed below as they become available. http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids 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. 18000072 Page 127 of 828 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 May 31, 2019 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. Mobilization 2. Plantings at Centennial Valley State Wildlife Area 3. Construction Surveying 4. Clearing and Grubbing 5. Excavation 6. Bridge Removal 7. Bridge Construction 8. Pipes Installations 9. Traffic Control 10. Detour Paving 11. Aggregate Base Course 12. Hot Mix Asphalt paving 13. Erosion Control. Installations 14. Striping 15. Signage 16. Project Completion 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. 18000072 Page 128 of 828 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL This is a federally -assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal: Five Percent (5%) DBE participation END OF SECTION BID NO. 18000072 Page 129 of 828 ON THE JOB TRAINING CONTRACT GOAL The Department has determined that On the Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On the Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On the Job Training required 1,280 (one thousand two hundred eighty) hours. END OF SECTION BID NO. 18000072 Page 130 of 828 BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. $ 1352 (AS AMENDED) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. END OF SECTION BID NO. 18000072 Page 131 of 828 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 2017. Where the Project Special Provisions and 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 101.10 "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 Subsection 101 Subsection 101 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 Christmas .37:"Inspector" shall mean an employee designated as such by the Weld County Public Works Department. .48:"CDOT project personnel" shall mean personnel designated as such by the Weld County Public Works Department. .51 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101. 58:"Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.65: Roadway prism defined as toe of slope to toe of slope. Subsection 101.76:"State" shall mean Weld County. END OF SECTION BID NO. 18000072 Page 132 of 828 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 Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids. Delete the second paragraph and replace with: "All bidders on the projects shall submit bids by the following method: Did Delivery to Weld County: 1. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631." Subsection 102.05 shall include the following: After the proposals have been opened, the low responsible bidder may obtain electronic sets of plans and special provisions at no cost from Weld County. Subcontractors and suppliers may obtain plans from the successful bidder. END SECTION BID NO. 18000072 Page 133 of 828 1 REVISION OF SECTION 103 CONSIDERATION OF PROPOSALS 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. Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCP- Tracker, utilizing the following web link: https://prod.lcptracker.net/WebForms/login.aspx The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCP-Tracker system, and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. Each construction subcontractor shall submit their payrolls directly into LCP-Tracker for approval by the Contractor. In the event that the Contractor or the sub -contractors do not submit properly completed payrolls to LCP-Tracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. The Contractor shall submit and approve their own payrolls in LCP-Tracker. The Contractor is responsible for ensuring all of the subcontractors submit and approve their own payrolls in LCP-Tracker. The Contractor shall be responsible for providing all technical support to all of the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate directly with LCP-Tracker for the required technical support. Weld County and CDOT will not provide technical support to the Contractor or subcontractors. CDOT will approve or reject weekly payrolls for the Contractor. END OF SECTION BID NO. 18000072 Page 134 of 828 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 to a change order for Differing Site Conditions. By way of example, Differing Site Conditions included 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. Suitable soils for structural foundations. 10. Unsuitable materials excavation. 11. High water levels in the river for extended periods of time. During the progress of work, if extraordinary conditions are the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that it could not reasonably worked around the condition so as to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professions setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notifications, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Subsection 104.02(c) shall be revised as follows: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction. BID NO. 18000072 Page 135 of 828 2 REVISION OF SECTION 104 SCOPE OF WORK And (2) When a major item of work is increased in excess of 150 percent or decreased below 50 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 50 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. Subsection 104.05 the provisions regarding rights in and use of Materials found on the Work are replaced with the following: The Contractor shall not excavate or remove any Material from within the roadway, which is not within the grading limits, as indicated by the slope and grade lines, without authorization from the Inspector. Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled to a disposal site approved by the Weld County Inspector. 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 4, 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 BID NO. 18000072 Page 136 of 828 3 REVISION OF SECTION 104 SCOPE OF WORK 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. 18000072 Page 137 of 828 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 the provisions regarding Authority of the Engineer shall 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 of 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 the provisions regarding Plans, Shop Drawings, Working Drawings, other Submittals and Construction Drawings shall include the following: Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the Contract Documents. Subsection 105.03 the provisions regarding conformity to the Contract are revised as follows: When the Engineer or Weld County 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. 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 BID NO. 18000072 Page 138 of 828 2 REVISION OF SECTION 105 CONTROL OF WORK production runs, significant Material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing Material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. Subsection 105.03 the two paragraphs and the Multiplier for Price Reductions for Miscellaneous Items table 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: Multiplier for Price Reduction for Miscellaneous Items t Number Description Element Multiplier (M) 206 Structural Backfill Gradation 4.0 304 Aggregate Base Course Gradation 4.0 403 Hot Mix Asphalt Hydrated Lime Gradation 4.0 Subsection 105.07(b)(3) shall be revised as follows: Delete the last sentence of the tenth paragraph and replace with the following: "Within 24 hours after each profile is collected, the Contractor shall submit the data electronically to the Project Engineer and Project Inspector." Subsection 105.08(a)(3) shall be revised as follows: Delete the third sentence and replace with the following: "The Contractor shall submit the data electronically to the Project Engineer and Project Inspector." BID NO. 18000072 Page 139 of 828 3 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.09 shall be revised as follows: Delete subsections 105.09 (and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions i. Weld County Project Special Provisions ii. Weld County Standard Special Provisions iii. CDOT Project Special Provisions iv. CDOT Standard Special Provisions (c) CDOT Standard Specifications (d) Plans Detailed Plans ii. Standard Plans iii. Calculated dimensions will govern over scaled dimensions Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, 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 error 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 105.22 shall be revised as follows: 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. BID NO. 18000072 Page 140 of 828 4 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.24 is amended as follows: Delete all references to CDOT and replace with Weld County. Delete: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City and County of Denver. Replace with: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for Weld County. Subsection 105.24(c) is amended as follows: Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222 Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632 Subsection 105.24(f) is amended as follows: In the third paragraph delete "the City and County of Denver" Replace with: "Weld County" In the fourth paragraph delete "Denver District Court" Replace with: "Weld County District Court" END OF SECTION BID NO. 18000072 Page 141 of 828 1 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS WITH GRADATION ACCEPTANCE) Section 106 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory. (a) Process Control Testing. 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in -place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on the stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of each sample which cannot be included as part of the Contractor's process control testing. Dispute of the acceptance test results in accordance with CP-17 will not be allowed unless a provision for check testing has been included in the Contract and it has been successfully completed. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. (c) Stability Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three stability verification tests to verify that the field produced HMA conforms to the approved mix design: The test frequency shall be one per day unless otherwise directed by the Engineer. BID NO. 18000072 Page 142 of 828 2 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS WITH GRADATION ACCEPTANCE) The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the following: The minimum value for stability will be the minimum specified in Table 403-1 of the specifications. There will be no tolerance limit. 1. Quality Level. Calculate a QL for stability. If the QL for stability is less than 65, then production shall be halted and the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. After a new or revised miz design is approved, three additional stability tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the stability QL is less than 65, then production shall be halted until a new mix design has been completed and approved using plant produced material or the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. 2. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional stability field verification tests shall be performed and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 4. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to 1 per 10,000 tons. (d) Mix Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three volumetric verification tests for each of the following elements to verify that the field produced hot mix asphalt conforms to the approved mix design: (1) Air Voids (2) Voids in Mineral Aggregate (VMA) (3) Asphalt Content (AC). The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the following: 1. Target Values. The target value for VMA will be the average of the first three volumetric field test results on project produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications, whichever is higher. The target value for VMA will be set no lower than 0.5 percent below the VMA target on Form 43 prior to production. The target values BID NO. 18000072 Page 143 of 828 3 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS WITH GRADATION ACCEPTANCE) for the test element of air voids and AC shall be the mix design air voids and mix design AC as shown on Form 43. 2. Tolerance Limits. The tolerance limits for each test element shall be: AC ± 0.3 percent Air Voids ± 1.2 percent VMA ± 1.2 percent 3. Quality Levels. Calculate an individual QL for each of the elements using the volumetric field verification test results. If the QL for VMA or AC is less than 65 or if the QL for air voids is less than 70, the production shall be halted and the Contractor shall submit a written proposal for a mix design revision to the Engineer. Production shall only commence upon receipt of written approval from the Engineer of the proposed mix design revision. After a new or revised mix design is approved, three additional volumetric field verification tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the QL for VMA or AC is less than 65 or the QL for the test element of air voids is less than 70, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates that he is capable of producing a mixture meeting the verification requirements in accordance with A or B below: A. The Contractor shall produce test material at a site other than a CDOT project. The Contractor shall notify the Engineer a minimum of 48 hours prior to the requested test. The location and time of the test are subject to the approval of the Engineer, prior to placement. Three samples will be tested for volumetric properties. If the QL for VMA or AC is equal or greater than 65 and the QL for the element of air voids is equal or greater than 70, full production may resume or; B. The Contractor may construct a 500 -ton test strip on the project. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QLs are calculated. If the QL for VMA or AC is equal or greater than 65 or the QL for the element of air voids is equal or greater than 70, full production may resume. If the QL for VMA or AC is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at no cost to the Department. The time count will continue, and any delay to the project will be considered to have been caused by the Contractor and will not be compensable. The costs associated with mix designs shall be solely at the Contractor's expense. If the Contractor fails to verify the new mix design in accordance with A or B, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates they are capable of producing a mixture meeting the verification requirements in accordance with A or B. BID NO. 18000072 Page 144 of 828 4 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS WITH GRADATION ACCEPTANCE) 3. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional volumetric field verification tests shall be performed and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 4. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to a minimum of 1/10,000 tons. The Engineer has the discretion to conduct additional verification tests at any time. (e) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: 1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job -mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 2. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests BID NO. 18000072 Page 145 of 828 5 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS WITH GRADATION ACCEPTANCE) is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING Element Theoretical Maximum S•ecific Gravi In -Place Density Aggregate Percent Moisture (3) Process Control 1.1000 tons, minimum 1/day 1/500 tons 1/2000 tons or 1/Day if less than 2000 tons Acceptance 1/1000 tons, minimum 1/day 1/500 tons (2) 1/2000 tons Notes: (1) Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. (2) The minimum number of in -place density tests for acceptance will be 5. (3) Not to be used for incentive/disincentive pay. Test according to CP 33 and report results from Form 106 or Form 565 on Form 6. (4) Verified per Contractor's PC Plan. END OF SECTION BID NO. 18000072 Page 146 of 828 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 107.01 shall include the following after the first paragraph: Failure to comply with all contractual obligations may lead to the suspension, debarment or both of the Contractor as stipulated in the "Rules". 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 girder erection (2) Overhead structure construction or repair (3) Removal of bridge (4) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (5) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also, when construction materials are being lifted that may fall onto active traffic lanes. (6) Excavation and embankment adjacent to the roadway, especially if it requires shoring (7) Work operations such as pile driving and jack hammering which may create vibration and cause debris to fall into traffic. 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. BID NO. 18000072 Page 147 of 828 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC (3) (4) (5) (6) (7) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations Temporary works required: falsework, bracing, shoring, etc. Additional actions that will be taken to ensure that the work will be performed safely. 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 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, traffic accidents, etc.) b. Structural elements that don't fit or line up c. Work that cannot be completed in time for the roadway to be reopened to traffic d. Replacement of workers who don't perform the work safely e. Equipment failure f. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. 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 shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which 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 BID NO. 18000072 Page 148 of 828 3 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 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 shall be revised to include the following: For this project, the insurance certificates shall name Weld County (Weld), State of Colorado, and CDOT as additionally insured parties. Subsection 107.17 shall be revised to include the following before the first paragraph: The Contractor shall assess and understand the risk of working within a waterway. 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. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970-304-6496. BID NO. 18000072 Page 149 of 828 4 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 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. Subsection 107.25(c) shall include the following: The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be obtained by the Contractor. 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. Delete Subsection 107.25(c)(1), Paragraph 5 and replace with the following: The Engineer will coordinate with the County to perform regular inspections of the corrective work. The completed action items associated with the corrective work shall be shown as completed on the Punch List. Upon completion of all items shown, the Contractor shall submit the completed Punch List to the Engineer for review. Upon written approval of the Punch List, the Contractor shall submit the "Application for Transfer of Ownership for All Permits, Certifications, and Authorizations" to the CDPHE requesting transfer of ownership of the CDPS-SCP to Weld County Public Works. END OF SECTION BID NO. 18000072 Page 150 of 828 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01 shall include the following: Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules". Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCP- Tracker, utilizing the following web link: https://prod.lcptracker.net/WebForms/Iogin.aspx The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCP-Tracker system, and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. Each construction subcontractor shall submit their payrolls directly into LCP-Tracker for approval by the Contractor. In the event that the Contractor or the sub -contractors do not submit properly completed payrolls to LCP-Tracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. The Contractor shall submit and approve their own payrolls in LCP-Tracker. The Contractor is responsible for ensuring all of the subcontractors submit and approve their own payrolls in LCP-Tracker. The Contractor shall be responsible for providing all technical support to all of the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate directly with LCP-Tracker for the required technical support. Weld County and CDOT will not provide technical support to the Contractor or subcontractors. CDOT will approve or reject weekly payrolls for the Contractor. 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. Delete the second paragraph starting with "The Contractor shall not carry on construction..." in subsection 108.08 and replace with the following: BID NO. 18000072 Page 151 of 828 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $200.00 for the first 4 hours and $50.00 per hour per day thereafter for each Inspector required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. Delete subsection 108.08(a)(2), and replace with the following: Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts. Calendar Day Contracts have been adjusted prior to bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. 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). 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: At Weld County's sole discretion, this section shall apply to the entire project completion date as well as two intermediate dates. The first intermediate date shall be the deadline for planting trees at the Colorado Parks and Wildlife site as described in the Weld County Standard Special Revision to Section 214. The second BID NO. 18000072 Page 152 of 828 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS intermediate date shall be 35 days after CR 53 is closed for the construction of the transitions from the old road onto the new road. This project has grant deadlines associated with it. Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all required paperwork required to close out the project within 20 days. Failure to provide the required paperwork will result in the assessment of liquidated damages as outlined below. In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) From More To and Than Includin Liquidated Damages per Calendar Day ($) END OF SECTION BID NO. 18000072 Page 153 of 828 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 projects placement site. Tickets will be made available for inspection during placement to the Engineer or Inspector at all times. The Contractor will submit, in an envelope, within 48 hours of material placement, the following: - Truck Tare List - Original Scale Tickets - Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet submitted by the contractor. Contractor will be made aware of any discrepancy immediately by the inspector. Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For material quantity submittals beyond this 48 hours, a price reduction on the material in question will occur as follows: less than 24 hours 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 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. BID NO. 18000072 Page 154 of 828 2 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Subsection 109.06 (e) shall include the following after the first paragraph: 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: 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. 18000072 Page 155 of 828 1 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.02 shall be revised to include the following: This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other vegetation or organics that interferes with the work. This work shall include removal and disposal of all minor items for which there is no specific "removal bid item", including but not limited to wooden posts, metal posts, fence posts, concrete and metal drainage items. Also included in this bid item is the removal of the following items: This work shall include removal of: 1. All trash, glass, cans, barrels, construction materials, and any other non -organic materials that interferes with the work. 2. All foundations, pavements, utility poles, fences, underground utilities, and other deleterious materials. 3. Sediment from existing pipes. 4. Delineators. 5. Gravel from access roads, and 6. Trees smaller than 24" DBH. Trees and shrubs designated to be removed shall include the entire root ball and all roots larger than '/z" diameter. Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this bid item. END OF SECTION BID NO. 18000072 Page 156 of 828 1 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 202.09, and replace it with the following: 202.09 Removal of Asphalt Mat (Planing). Prior to beginning planing operations, the Contractor shall submit a planing plan and a Process Control Plan (PCP) for approval by the Engineer. The planing plan shall include at a minimum: 1. The number, types and sizes of planers to be used. 2. The width and location of each planing pass. 3. The number and types of brooms to be used and their locations with respect to the planers. 4. The proposed method for planing and wedging around existing structures such as manholes, valve boxes and inlets. 5. The longitudinal and transverse typical sections for tie-ins at the end of the day. 6. If requested by the Engineer, a plan sheet showing the milling passes. The PCP shall include as a minimum: 1. The schedule for replacing the cutting teeth. 2. The daily preventive maintenance schedule and checklist. 3. Proposed use of automatic grade controls. 4. The surface testing schedule for smoothness. 5. The process for filling distressed areas. 6. The schedule for testing macrotexture of the milled surface. 7. Corrective procedures if the milled surface does not meet the minimum macrotexture specification. 8. Corrective procedures if the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10 -foot straightedge. The Contractor shall not start the planing operation until the hot mix asphalt (HMA) mix design has been approved and a Form 43 has been signed by the Engineer. The existing pavement shall be milled to the cross -slope as shown on the plans, and shall have a surface finish that does not vary longitudinally or transversely more than % inch from a 10 -foot straightedge. A 10 -foot straightedge shall be supplied by the Contractor. All milled surfaces shall be broomed with a pick-up broom, unless otherwise specified, before being opened to traffic. A sufficient number of brooms shall be used immediately after planing to remove all milled material remaining in the roadway. If the Contractor fails to adequately clean the roadway, work shall cease until the Engineer has approved the Contractor's revised written proposal to adequately clean the roadway. The milled surface shall have a macrotexture equal to or less than 0.170 inches for single -lift overlays and 0.215 inches for multiple -lift overlays as tested in accordance with CP 77. Milled surfaces that do not meet these criteria shall require corrective action in accordance with the PCP. The Contractor shall be responsible for testing the macrotexture of the milled surface at the location directed by the Engineer BID NO. 18000072 Page 157 of 828 2 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS in accordance with CP 77 at a stratified random frequency of one test per 10,000 square yards or a minimum of once per work day. At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be tapered. No transverse vertical edges will be allowed. Longitudinal milled surface tie-ins to existing pavement shall be tapered to not less than a 3:1 slope, transverse milled surface tie-ins to existing pavement shall be tapered to not less than a 50:1 slope. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line. If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this joint will not be paid for separately, but shall be included in the cost of planing. If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. All work associated with this joint will not be paid for separately, but shall be included in the cost of planing. Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. Distressed or irregular areas identified in the planed surface by the Engineer shall be patched. The roadway shall be left in a safe and usable condition at the end of each work day. The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. All required pavement markings removed by the planing shall be restored before the roadway is opened to traffic. All planing shall be completed full width and parallel to the travel lanes before resurfacing commences unless otherwise directed by the Engineer. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Each planer shall conform to the following: The planer shall have sufficient power, traction and stability to maintain an accurate depth of cut. The propulsion and guidance system of the planer shall be maintained in such condition that the planer may be operated to straight and true lines. The planer shall be capable of operating with automatic grade controls (contact or non -contact) on both sides of the machine using a 30 -foot averaging system or other approved grade control systems. The use of such controls shall be described in the Contractor's PCP. BID NO. 18000072 Page 158 of 828 3 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS The planer shall be capable of picking up the removed material in a single operation. A self -loading conveyor shall be an integral part of the planer. Windrows will not be allowed. The planer shall be capable of operating with automatic grade controls (contact or non -contact) on both sides of the machine using a 30 -foot averaging system or other approved grade control systems. The use of such controls shall be described in the Contractor's QCP. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Subsection 202.11 shall include the following: Removal of asphalt mat (planing)(special) will be measured by the area in square yards completed to the full depth of the existing roadway section and accepted. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Asphalt Mat (Planing) Removal of Asphalt Mat (Planing)(Special) Pay Unit Square Yard Square Yard Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials, and disposal of non -salvable materials. Macrotexture testing, macrotexture corrective actions, planers, brooms and all other work necessary to complete the item will not be measured and paid for separately, but shall be included in the work. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO. 18000072 Page 159 of 828 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. This work shall be done by a Contractor or subcontractor who is a qualified tree surgeon and a member of the National Arborist Association. The firm's or individual's name and qualifications shall be submitted at the preconstruction conference for the Engineer's approval. A list of references and other clients shall be included with the qualifications statement. A written description of work methods and time schedules shall be submitted and approved in writing by the Engineer prior to work commencing. Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the Contractor. Strict limits of disturbance will be defined and shall be adhered to. Branches on trees or shrubs shall be removed as directed by the Engineer. All 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 smaller than 3 inches in diameter shall be chipped into mulch and stockpiled at a designated site. The trunks and limbs 3 inches and larger shall be cut into less than BID NO. 18000072 Page 160 of 828 2 REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES 6 -foot lengths and hauled to a designated site. Stumps shall be left no higher than 2 feet above the ground surface and shall not be removed when within the areas to be excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more than 3 inches remains above the ground surface. Stump grinding is not required in any circumstances. Subsection 202.12 shall include the following: Pay Item Pay Unit Removal of Tree Trimming Tree Each 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. 18000072 Page 161 of 828 1 REVISION OF SECTION 202 REMOVAL OF BRIDGE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work consists of removal of the existing bridge Structure Number BR53/58A on Weld County Road 53 over the South Platte River, north of Kersey, Colorado. Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans. The work includes transportation and disposal of waste. Subsection 202.02 shall include the following: The removal of the existing bridge shall be performed in a safe manner and shall follow the construction phasing plans. Temporary shoring is required in the locations shown on the plans. The contractor is responsible for the design of the shoring, any falsework shown on the plans and the stability of the existing bridge during phased construction, in accordance with Section 107. The Contractor is responsible for any coordination with the United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, etc., as required, for bridge removal operations over the South Platte River. The Contractor shall submit a Bridge Removal Plan to the Engineer, for record purposes only, at least 10 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Bridge Removal Plan will not be approved by the Engineer. The Bridge Removal Plan shall provide complete details of the bridge removal process, including: 1. The removal sequence, including staging of removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations. 2. Equipment descriptions including size, number, type, capacity, and location of equipment during removal operations. 3. Shoring that exceeds 5 feet in height, all falsework and bracing. 4. Details, locations and types of protective coverings to be used. The protective covering shall prevent any materials, equipment or debris from falling onto the property below. When removal operations are located over or in proximity to any live waterway, railroad, or pedestrian/bicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. 5. Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands. 6. Detailed methods for mitigation of fugitive dust resulting from the demolition. Details for dismantling, removing, loading, and hauling steel elements. Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. BID NO. 18000072 Page 162 of 828 2 REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES A Pre -Removal Meeting shall be held at least seven days prior to the beginning of removal of the bridge. The Engineer, the Contractor, the removal subcontractor, the Contractor's Engineer, and the Traffic Control Supervisor (TCS) shall attend the Pre -Removal Meeting. The Bridge Removal Plan shall be finalized at this Meeting. The Contractor's Engineer shall sign and seal 1) and 3) listed above in the final Bridge Removal Plan. The Contractor's Engineer shall provide calculations that adequately demonstrate the stability of the structure remaining for both, the portions that are being removed and the portions that continue to support live traffic, if any, after the end of each stage of removal, before traffic is allowed to resume in its normal configuration. Stability analysis shall include, but not limited to: Girders, pier caps, pier columns and abutments. The final Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal for record purposes only. The Contractor shall not begin the removal process without the Engineer's written authorization. Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will in no way relieve the Contractor and the Contractor's Engineer of full responsibility for the removal plan and procedures. Unless otherwise directed, the Contractor's Engineer need not be on site when bridge removal operations are in progress, but shall be present to conduct daily inspection for written approval of the work. The Contractor's Engineer shall inspect and provide written approval of each phase of the removal prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor's Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer. The Contractor's Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site of the work at all times, and a copy of the previous day's inspection report shall be submitted to the Engineer daily. The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic. Removal of hazardous material shall be in accordance with Section 250. The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan, the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor's Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. BID NO. 18000072 Page 163 of 828 3 REVISION OF SECTION 202 REMOVAL OF BRIDGE The Contractor shall submit his Engineer's report in writing, within 24 hours of the event, summarizing the details of the event and the procedure for correction. Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material. Bridge removal may be suspended by the Engineer for the following reasons: 1. Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the Engineer to begin the removal. 2. The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence. 3. The Contractor's Engineer is not on site to conduct inspection for the written approval of the work. 4. Safety precautions are deemed to be inadequate. 5. Existing neighboring facilities are damaged as a result of bridge removal. Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the terms of the Contract. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer. The Contractor shall notify all emergency response agencies of the proposed removal work and any detours 24 hours in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriffs Department, as appropriate. All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6. Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean. Explosives shall not be used for removal work without the written approval of the Engineer. Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs. Removal of the substructure shall be taken down to at least 2 feet below the natural existing or future ground surface at the lowest point of interface with the abutment, unless otherwise approved by the Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing grades. All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor's expense, unless otherwise stated in the plans. BID NO. 18000072 Page 164 of 828 4 REVISION OF SECTION 202 REMOVAL OF BRIDGE Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations. Damage that does occur shall be repaired immediately at the Contractor's expense. Subsection 202.03 shall include the following: The salvaged materials shall be the property of the contractor. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge Each Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Half of the Removal of Bridge payment will be applied once the first half of the bridge is removed. Payment for removal of structures, or portions thereof, coated with heavy-metal based paint will be full compensation for all work necessary to complete the item. Paint debris waste management and disposal will be measured and paid for in accordance with Section 250. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO. 18000072 Page 165 of 828 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 General, shall include the following: This work includes the moisture treatment and density control of the top 12" of existing soils after topsoil removal and prior to embankment placement. The work also consists of moisture treatment and density control on the top 12" of the subgrade elevation in excavation areas. Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc.) 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 sulfate and pH When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material 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-L 2103 Method B. 2. Chlorides using CPL 2104 3. Resistivity using ASTM G57 4. pH using ASTM G51. 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 20, 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. 18000072 Page 166 of 828 2 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT In Subsection 203.06delete 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 203.08 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 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. Add the following paragraph as subsection 203.08(a) Finishing: The finished surface shall be smooth and uniform conforming to the typical sections. Variation from the stabilized subgrade plan elevations shall not exceed. 0.04 feet. All irregularities, depressions, or weak spots, which develop, shall be corrected at the Contractor's expense. The surface shall be maintained in a smooth condition, free from undulations and ruts until other work is placed thereon or the work is accepted. No separate payment will be made for areas of unsuitable material excavation, geogrid reinforcement, or replacement of excavated materials. Subsection 203.11 shall be revised to include the following: The 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. BID NO. 18000072 Page 167 of 828 3 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Subsection 203.12 shall be revised to include the following: Payment for Embankment (Complete in Place) shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This includes scarification, wetting and drying of soils to obtain optimum moisture content, compaction, testing, and hauling and disposal of excess or unsuitable materials off the jobsite. Payment will be made under: Pay Item Pay Unit Embankment (Complete in Place) Cubic Yard END OF SECTION BID NO. 18000072 Page 168 of 828 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 shall include the following: Structure excavation, structure backfill, filter material and bedding material required for Bridge, 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 gallons 8. Flash fill shall not be used in lieu of Flow Fill unless approved by the Engineer. Subsection 206.08 shall include the following: Excavate and replace within same working day the structural excavation and structural backfill that is located below retaining walls. Subsection 206.09 shall include the following: Excavations shall not be left open for extended periods of time. Excavations left open overnight shall be surrounded by orange construction safety fence. END OF SECTION BID NO. 18000072 Page 169 of 828 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall 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: The source of topsoil for this project is undesignated. Topsoil can be salvaged from the project site or 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 shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. 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 1/2" 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. BID NO. 18000072 Page 170 of 828 2 REVISION OF SECTION 207 TOPSOIL Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Laboratory). 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. Subsection 207.04 replace the last paragraph with the following: Imported Topsoil and Topsoil salvaged from the roadways 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 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 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 Pay Unit Stockpile Topsoil Redistribute Topsoil (4" thick) Cubic Yard Cubic Yard END OF SECTION BID NO. 18000072 Page 171 of 828 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. All BMPs measured by the square yard shall not include the required overlap. Erosion Control Management will be measured as Lump Sum. Subsection 208.12 shall include the following: Pay Item Pay Unit Erosion Control Management Lump Sum END OF SECTION BID NO. 18000072 Page 172 of 828 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 include the following: Application of dust palliative to detour roadways must be completed prior to detouring traffic onto those roadways. Subsection 209.02 shall 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 209.05 are deleted and replaced with the following: The Contractor shall furnish and apply a dust palliative on portions of the roadway and on haul roads at the locations and in the amounts as provided in the Contract. Dust palliative shall consist of magnesium chloride and water. Application of dust palliative shall be done with acceptable sprinkling equipment at an appropriate rate as approved by the Engineer. Magnesium Chloride dust palliative shall be applied as follows: 1. Weld County crews will prepare the existing roadway surface. 2. Contractor will apply the magnesium chloride dust palliative in two applications of 0.25 gallon per square yard in each application. 3. Allow to soak for 30 minutes after each application. 4. Roll the surface with a pneumatic tire roller, as specified in the Contract. 5. Do not permit traffic on the treated surface until approved. Subsections 209.07 and 209.08 are 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. END OF SECTION BID NO. 18000072 Page 173 of 828 1 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210 shall include the following: This pay item will include for the resetting of the existing mailbox structure due to the configuration of the new roadway. If the existing mailbox is not breakaway, as determined by the ENGINEER, the Contractor shall install a replacement mailbox suitable to be approved by the Post Master and Weld County. If the existing mailbox has been deteriorated and is no longer serviceable then a new mailbox suitable to approval of the US Post Master and Weld County shall be installed. No separate payment will be made. This pay item will include for the resetting culvert end sections. If the existing is damaged during removal, as determined by the ENGINEER, the Contractor shall provide a new end section at no additional cost to Weld County. No separate payment will be made. This pay item will include for the resetting of the existing cattle guard to match the configuration of the new roadway. If the existing cattleguard has deteriorated and is no longer serviceable then a new cattleguard of similar size and purpose suitable to Weld County shall be installed. No separate payment will be made. Payment will be made under: Pay Item Pay Unit Reset Mailbox Structure Reset End Section Reset Cattle Guard Each Each Each END OF SECTION BID NO. 18000072 Page 174 of 828 1 REVISION OF SECTION 211 DEWATERING Section 211 of the Standard Specifications is hereby added for this project as follows: Subsection 211.01 Description shall include the following: This work consists of dewatering temporary excavations required to control groundwater, site drainage, and storm flows for the installation of culverts and pipes. All other dewatering work including any dewatering associated with the cofferdams and sheet piling is to be incidental to the work as specified in Subsection 206. Contractor is cautioned that the work involves construction in and around drainage channels, local rivers, and areas of local drainage. These areas are subject to frequent periodic inundation. Subsection 211.02 Materials shall include the following: On -site materials may be used within the limits of construction to construct temporary dams and berms. Materials such as plastic sheeting, sand bags, inflatable devices and storm sewer pipe may also be used if desired by Contractor. Subsection 211.03 Construction Requirements shall include the following: Requirements for controlling surface and groundwater during construction are as follows: A. General. For all excavation, Contractor shall provide suitable equipment and labor to remove water, and shall keep the excavation dewatered so construction can be carried on under dewatered conditions. The Contractor shall dewater, by pumping or by excavating trenches leading to a positive gravity outlet, to a depth of at least three feet below the underside of any permanent spread footings prior to exposing their proposed bearing surfaces. The dewatering process shall be commenced a sufficient amount of time in advance of placing excavation equipment thereon to prevent undue disturbance of the foundation soil. If in the opinion of the Engineer, equipment is causing undue disturbance, the Engineer may require further drying of the bearing area or place limitations on the type of equipment permitted on the bearing area. The Engineer may require the Contractor to place (at the Contractor's expense) additional filter material beyond any limits that may be shown on the plans to compensate for the loss of bearing capacity. The water level shall be maintained below the level of placed concrete for at least three days before the water level is allowed to rise. The Contractor's method of dewatering and water disposal, including pumping and discharge equipment, must be approved by the Engineer prior to implementation. The Contractor shall submit a dewatering plan for review and approval 30 calendar days prior to implementation in accordance with Subsection 105.02. Water Disposal shall be in accordance with Subsection 107.25 - "Water Quality Control". Contractor shall obtain all necessary permits and submit copies to the Engineer prior to commencing any dewatering activities. Water control shall be accomplished such that no damage is done to adjacent channel banks or structures. Contractor is responsible for investigating and becoming familiar with all site conditions that may affect the work including surface water, potential flooding conditions, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be BID NO. 18000072 Page 175 of 828 2 REVISION OF SECTION 211 DEWATERING backfilled with the same type material as was removed and compacted to ninety five percent (95%) of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. Contractor shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, Contractor acknowledges that Contractor has investigated the risk arising from such waters and has prepared his bid accordingly, and assumes all of said risk. At no time during construction shall Contractor affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from Contractor's alteration of surface or subsurface drainage patterns shall be repaired by Contractor at no additional cost to the Owner. Contractor shall remove all temporary water control facilities when they are no longer needed or at the completion of the Project. Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. B. Surface Water Control. Surface water control generally falls into the following categories: 1. Normal low flows along the channel 2. Storm/flood flows along the channel 3. Flows from existing storm drain pipelines; and 4. Local surface inflows not conveyed by pipelines Contractor shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding, alter major flow paths, or worsen flow characteristics during construction. Contractor is responsible to ensure that any such worsening of flooding does not occur. Contractor is solely responsible for determining the methods and adequacy of water control measures. At a minimum, Contractor shall be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. Contractor is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction -site. It shall be Contractor 's responsibility to determine the quantity of water which shall be diverted to protect the Work from damage caused by stormwater. Contractor shall, at all times, maintain a flow path for all channels. Temporary structures such as berms, sandbags, pipeline diversions, etc., may be permitted for the control of channel flow, as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. C. Groundwater Control. Contractor shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of BID NO. 18000072 Page 176 of 828 3 REVISION F SECTION 211 DEWATERING perimeter sub -drains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. Dewatering from within the foundation excavations shall not be allowed. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by Contractor operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at Contractor's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by Engineer. Subsection 211.04 Method of Measurement shall include the following: The quantity measured will be for each day that dewatering activities take place including all work required to size, design, obtain approvals, install, maintain and removal upon completion of the work. In order to construct culverts and pipes, it is possible that the Contractor will need to maintain flow in a channel. If needed, diverting flows in the channel shall be included as part of the Dewatering pay item. No separate measurement for payment will be made for any labor, equipment, and materials required for this item. The price will include all of Contractor's costs. This BID item includes: 1. Implementing measures to control surface water and groundwater 2. Obtaining and transferring all required permits, upon approval. 31 Providing temporary power as required. 4. Evaluating, designing, constructing, maintaining, and monitoring dewatering measures 5. Installing check dams, pumps, dewater bags, earth embankments, diversion channels, sheet pile, wells, or any other material necessary for dewatering. 6. Monitoring, sampling, analysis, and water quality reports if required. 7. Protect work from base flows and storm events. 8. Providing all other related and necessary labor, equipment, and materials to complete the WORK. Subsection 211.05 Basis of Payment shall include the following: Payment will be on a Force Account basis for the time that the Contractor starts to put his Water Control and Dewatering in place to the time it is removed as accepted by the Project Engineer. Dewatering requires pre -approval by the Engineer. Payment will be made under: Pay Item Pay Unit F/A Dewatering " Force Account END OF SECTION BID NO. 18000072 Page 177 of 828 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. Cost to add Mycorrhiza shall be included in bid unit price of the placement. 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 (Calibre or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 . Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 Sterile Wheat will be added to the Seed Mixtures as a nurse crop at a rate of 15 PLS per acre. Seeding rates shall be doubled when placed by Hydraulic Seeding, cost include in the unit bid price for the placement. Native grass seeding shall be done using a Native Grass Drill. The sterile wheat shall be done using a Grain Drill. In subsection 212.03 delete the seeding seasons table and replace it with the following: I Zone Spring Seeding Fall Seeding Below 6000' April 1 s or thaw to May'. 15th . November 1st to December 15th or until, consistent ground freeze , Section 212.06 shall be modified to include the following: Soil in all areas to receive native seed shall be fertilized and conditioned. (b) Fertilizing and Soil Conditioning. Soil in all areas to receive native seed shall be fertilized and conditioned. For soil preparation of native grass 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 an approved hydraulic growth medium (HGM) as outlined in this section. BID NO. 18000072 Page 178 of 828 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING HGMs are 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 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. Soil Chemistry Materials Soil chemistry and stabilizer shall be a composition of materials made from long chain polymer and cross -linking molecules in conjunction with a hydrocolloid vegetable gum based bonding agent. Submittals 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. Delivery, Storage, and Handling 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. Installation A. Strictly comply with manufacturer's installation instructions and recommendations. B. Mixing: 1. Fill hydro -seeder tank with water to a level where the paddles are 'A covered and may be activated. 2. Activate the mechanical agitation system. 3. Prime pump and any discharge hoses before adding any HGMs. BID NO. 18000072 Page 179 of 828 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 4. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 5. Continue filling tank with water to approximately 3/4 full and begin adding bags of HGMs. 6. All quantity of HGMs should be added before the water level reaches 85% of the tanks 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. C. Application: 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 hydro -seeder to appropriate -operating speed and agitator speed for slurry application. 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 you need to stop spraying at any time, close the spray nozzle at the end of the hose to avoid water draining from the hose. If you are using a tower applicator, stop normally and upon restart remove the spray tip, discharge a small amount of HGMs, replace the tip and return to applying the product. 6. Tillage of HGM into subsoil strictly not recommended in any situation. 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. Subsection 212.07 shall be revised as 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. BID NO. 18000072 Page 180 of 828 4 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Subsection 212.08 shall 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. Payment will be made under: Pay Item Seeding (Native) Seeding (Sterile Wheat) Hydraulic Growth Medium Pay Unit Acre Acre Square Yard END OF SECTION BID NO. 18000072 Page 181 of 828 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph 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. 18000072 s Page 182 of 828 1 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS Section 214 of the Standard Special Provisions is hereby deleted for this project and replace with the following: DESCRIPTION 214.01 This work consists of furnishing and installing herbaceous and woody plant material, hereinafter referred to as "nursery stock". The work may also consist of obtaining "unrooted cuttings" from approved donor plants and installing them on the site as shown on the plans. This work consists of maintaining all plant material and seeded areas in a healthy and vigorous growing condition, and ensuring vigorous vegetation. This includes performing nursery stock replacement work and landscape preservation work. All approvals and direction required from the Engineer in this specification will involve the Contractor working directly with Weld County and Colorado Parks and Wildlife (CPW) Environmental Staff, as identified in the Contract. This work consists of planting 57 trees and 0.3 acres of shrubs at the Centennial Valley State Wildlife Area (CVSWA). The Contractor shall coordinate the plantings with CPW local District Wildlife Manager, Branden Muller, and Property Technician, Dylan Edwardson. Branden Muller can be contacted at (970) 472-4396. Dylan Edwardson can be contacted at (970) 420-0377. The following trees and shrubs shall be planted at the CVSWA: Tree Species Species Scientific Name Quantity Minimum Diameter Plains Cottonwood Populus Deltoides 25 1.5" Green Ash Fraxinus pennsylvanica 1 1.5" Peachleaf Willow Salix amygdaloides 28 1.5" Boxelder Acer negundo 1 1.5" American Elm Ulmus americana 2 1.5" Shrub Species Sandbar Willow Salix exigua 525 (0.3 acre at 5ft on center) 60ci This work shall be completed with 30 days after the notice to proceed is given by Weld County. At the discretion of Weld County, liquidated damages will be assessed in accordance with Section 108.09 if the contractor fails to complete the plantings at the CVSWA site within the timeframe provided above. This work consists of planting 11 trees as shown on the Landscaping Plans. The Contractor shall coordinate the plantings with Weld County and the landowner. MATERIALS BID NO. 18000072 Page 183 of 828 2 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS 214.02 Nursery. Stock and unrooted cuttings shall be of the minimum sizes and species as designated on the plans, in healthy condition with normal well -developed branch and root systems, and shall conform to the requirements of the American Standard for Nursery Stock (ANSI Z60.1-2014). For specified deep rooted container stock the container class volume ranges shall be substituted with the requirements of this specification. The Contractor shall obtain certificates of inspection of plant materials that are required by Federal, State, or local laws, and submit the certificates to the Engineer. Upon completion of work, the Contractor shall remove plant containers, bags and other debris and leave area in clean, acceptable condition. All nursery.stock and unrooted cuttings shall be free from plant diseases and insect pests. All shipments of plants shall comply with all nursery inspection and plant quarantine regulations of the State of origin and destination, and the Federal regulations governing Interstate movement of nursery stock. The minimum acceptable sizes of all nursery stock, with branches in normal position, shall conform to the measurements specified in the Contract. Nursery Stock hardy in hardiness zones 2, 3, 4, and 5 only will be accepted. Hardiness zones are defined in U.S. Department of Agriculture 2012 Plant Hardiness Zone Map publications. All nursery stock shall be those plants that have been growing in a nursery for at least one growing season, or plants that have established themselves in accordance with definitions set forth in the Colorado Nursery Act, Title 35, Article 26, CRS. Trees and shrubs shall have been root -pruned during their growing period in the nursery in accordance with standard nursery practice. If nursery stock of acceptable quality and specified variety or size are not available locally, the Contractor may: (1) Substitute acceptable nursery stock that are larger than specified at no change in Contract price. For deep rooted nursery stock, the minimum depth requirement of the container shall be maintained as stated in this specification. (2) Substitute plants of different genus, species or variety shall be submitted at the Site Pre - Vegetation Conference, as described in Section 207, along with the adjusted price in the written request. Before any substitution of specified nursery species and sizes in the plant schedule will be considered, the Contractor shall furnish to the Engineer written statements from three regional nurseries specializing in native plant material verifying that the nursery stock is not available. At the Site Pre -Vegetation Conference, the Contractor shall name the nursery stock supplier for all items. Nursery stock will be rejected for not meeting the Contract at any of the four following times and locations: (a) At the named supplier's location. The Engineer will notify the Contractor when nursery stock will be inspected at the supplier's location. (b) On the project site at the time of delivery, prior to planting. 1 i BID NO. 18000072 1 Page 184 of 828 3 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS (c) At the time of installation. (d) At the partial or final acceptance walkthroughs on the project site. All plant materials shall be supplied by the Contractor at the nursery or growing site and tagged for review by Weld County and the CPW Environmental Staff. Inspection at nursery or growing site does not preclude right of rejection at construction site. Container grown, or balled and burlapped, nursery stock shall have a well -established root system reaching the sides and bottom of the container to provide a firm mass of growing medium. Bare root material will not be accepted as a substitution for container or balled and burlapped specified nursery stock. Each species shall be identified by means of grower's label affixed to the plant. The grower's label shall include the data necessary to indicate conformance to specifications. For minimum plant requirements of height, width, minimum multi stems and root ball diameter as appropriate for the specified species type see the Plant Schedule on the Plans and/or in the Contract. (a) Nursery stock. Unless otherwise authorized, the Contractor shall notify the Engineer at least two working days in advance of the anticipated delivery date of any plant material. Invoices shall be submitted for each shipment of nursery stock showing the quantities, kinds, and sizes of materials along with the certificate of inspection. Contractor shall file copies of certificates after acceptance of material. Evidence of inadequate protection following digging, carelessness while in transit, or improper handling or storage, will be cause for rejection. Upon arrival at the temporary storage location or the site of the work, nursery stock will be inspected for proper shipping procedures. If the roots are dried out, large branches are broken, balls of earth are broken .or loosened, or areas of bark are torn, the Engineer will reject the injured plant. When a plant has been rejected, the Contractor shall remove it from the area of the work and replace it with one of the required size and quality conforming to one of the following: (1) Deep Rooted Containers (DRC) shall be containers for growing native plants that are narrower in diameter and longer than standard nursery pots of equal volume. Containers must have physical "anti -spiraling" features such as vertical ribs on the inside walls or side slits in the side walls that will air prune roots. Containers that have been treated with compounds such a copper to chemically prune the roots will not be accepted. Deep rooted container classifications shall have the following properties: Deep Rooted Container Class Specification Minimum Height (Inches) Minimum Volume (CU. IN.) DRC #10 ,:8" -` - 10 DRC #40 9" 40 DRC #60. 13"' ' 60 DRC #180 14" 180 DRC#300 29" :. • 300, (2) Standard Nursery Practice Containers (SNC) shall conform to the recommended specification in the American Standard for Nursery Stock (ANSI Z60.1-2014). For minimum plant requirements of height or width as appropriate for the specified species type see the Plant List on the drawings. SNC classifications shall have the following properties: BID NO. 18000072 Page 185 of 828 4 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS Standard Container Class Specification Minimum Volume Range (CU. IN.) #1; 152-251 #5 785-1242 #10 2080-2646 #20 4520-5152 (3) Balled and burlapped or large container shall conform to the recommended specifications in the American Standard for Nursery Stock (ANSI Z60.1-2014). Single stem deciduous tree caliper measurements shall be taken six inches above the ground for field grown stock and from soil line for container grown stock. Multi -stem deciduous tree and evergreen tree height measurement shall be from ground level for field grown and from soil line for container grown stock. (b) Unroofed Cuttings. Unless otherwise authorized, the Contractor shall notify the Engineer at least five working days in advance of the anticipated start of harvesting cuttings. All cuttings shall be harvested from approved parent material. Approval of parent material shall be in writing from the Engineer. This approval will include a detailed description of the approved locations. The Contractor shall select a site, and if outside of the construction boundary, provide written approval from the Owner, when applicable, for access and harvesting the required number of cuttings. The harvesting site shall be left clean and tidy, to the satisfaction of the Engineer and the Owner, when applicable. Unused material including trimmings shall be cut up to 2 feet in length and evenly distributed around the wetland mitigation site. Unrooted cuttings shall be harvested and planted in early spring (March 1st to April 15'h) while the plants are still dormant. However, the Engineer may authorize an alternative harvesting and planting timeframe based on project timing. Immediately after cutting, all cuttings shall be place in water so that the cut ends are covered in water, and the cuttings shall be stored in a cool location. Plants shall be completely submerged in containers with water for at least 72 hours and no more than 14 days. The containers shall be continuously shaded and protected from the wind. Cuttings shall be protected from drying at all times. During transportation, the cuttings shall be kept completely submerged in containers with water in orderly fashion to prevent damage and to facilitate handling. Cuttings should be bundled in uniform groups of 25-100 to allow for easy tracking of quantities. - Unroofed Cutting Stakes. Stakes shall be approximately 3 feet long and between 1/2 and 3/4 inches in diameter. All side branches shall be trimmed before cutting the main stem. Cuttings shall be obtained from branches with smooth undamaged bark. Branches with thick, cracked bark shall not be used. Cuttings shall be taken approximately one foot from the ground. Cuts shall be clean, without stripping the bark or splitting the wood. The base cuts shall be at a 45 - degree angle to identify the root end of the cutting. The top shall be cut off, with a square cut so that the top of the stake is easily distinguishable from the bottom. If the cuttings are to be planted between after April 15'h and October 1, then the cut top end shall be dipped into latex paint to seal and reduce desiccation in hot or dry establishment conditions. BID NO. 18000072 Page 186 of 828 5 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS (1) Brush Mattress. Willow unrooted cuttings shall be approximately 10-15 feet long and between 1/2 and 2 inches in diameter. No trimming of side branches is necessary. (2) Fascines. Unrooted cuttings diameter shall vary and shall be a minimum 5 feet long and between'% and 2 inches in diameter. Up to 30 percent of the bundle may be plant material that does not root easily or dead plant material. The remaining 70 percent of the bundle shall consist of younger wood between 1 to 4 years old (at a minimum 25 willow cuttings per fascines). Fascines bundles may be stored submersed in water for no longer than two weeks, if necessary. CONSTRUCTION REQUIREMENTS 214.03 All nursery stock shall be protected from drying out or other injury with acceptable practices within the industry. Broken and damaged roots shall be pruned before planting. (a) Planting Seasons. Nursery stock shall be planted in accordance with the Contract. Areas to be planted shall be brought to the lines and grades designated or approved. The location of plants shown in the Contract is approximate to the degree that unsuitable planting locations shall be avoided. Trees shall be planted outside of the clear zone, except when guardrail or vertical curb exists, this distance may be reduced to 20 feet. Locations and layouts shall be approved before preparatory work for planting is started. Shrubs shall not be planted closer than 6 feet from the edge of pavement. All layout staking shall be submitted for approval. Planting holes shall not be constructed until written approval has been received from the Engineer. The Contractor shall place all plant material according to the approved planting plans. If plant relocation is necessary, proposed locations shall be submitted, with a written request including marked planting plans, by the Contractor at least two weeks prior to the start of installing nursery stock. (b) Excavation. Planting pits shall be circular in outline with vertical or sloped sides. The Contractor shall roughen sides of the pit to remove any compacting or glazing. (c) Planting. Planting shall be done in accordance with good horticultural practices. Plants of upright growth shall be set plumb and plants of prostrate type shall be set normal to the ground surface. Plants with dry, broken, or crumbling roots will not be accepted for planting. When conditions detrimental to plant growth are encountered, such as over compacted topsoil, rubble fill, debris, or obstructions, notify the Engineer before planting. Use of a tree spade to dig plant pits is prohibited. Pits excavated with a backhoe shall be scarified as needed. Planting pits shall be dug 2 to 4 inches shallower than the height of the rootball for trees, and 2 inches shallower for shrubs. In non -irrigated areas, planting pits shall be dug so that the top of the rootball is level with the final grade. The tree rootball shall be set in the center of the planting pit on undisturbed soil. Trees shall be stabilized and then the wire basket, any twine or wire, and BID NO. 18000072 Page 187 of 828 6 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS. AND UNROOTED CUTTINGS burlap shall be removed before the pit is backfilled. Shrubs shall be planted in the center of the pit. Plastic, metal, fabric, or peat containers shall be removed. Shallow scores % to 1/2 inch deep shall be made along the edges of the rootball. Areas to be planted with ground cover shall be prepared by placing topsoil and a 1/2 inch layer of soil conditioner on the ground surface, and roto-tilling to a depth of 6 inches. Ground cover shall be planted by excavating to a depth sufficient to accommodate the root structure of plant materials without crimping or bending roots. After planting, backfill shall be placed around the ground cover and compacted firmly around the roots. The planted areas shall be brought to a smooth and uniform grade, and then top dressed with a 2 inch mulch cover of the type specified on the plans. (d) Backfilling. Backfill material consist of conditioned topsoil in accordance with the Contract requirements of Section 207 and additional compost material thoroughly mixed together and free of rocks and plant material. All other foreign material shall be removed. Subsoil removed from planting pits shall not be used as backfill. Compost shall be mixed into the backfill material at a rate of 25 percent by volume. Unrooted cutting applications do not require additional compost in the backfill material. Backfill shall be thoroughly worked and watered -in to eliminate air pockets. Watering shall be done immediately after the plant is placed. Backfilling of the planting pit shall be resumed after this water is absorbed. Roots and crown shall be covered with soil at this time. After the soil has settled, nursery stock must be in the proper position and at the proper depth. Saucers shall be prepared around each plant to the dimensions shown on the planting details. When saucers are required they shall be covered with a 4 inch thick layer of fresh moist wood chip mulch conforming to Section 213. After completion of all planting and before acceptance of the work, the Contractor shall water nursery stock installed under this Contract, as needed to maintain a moist root zone optimum for plant growth. Nursery stock damaged by the Contractor's operations shall be replaced at the Contractor's expense. Surplus soil remaining after backfilling is completed shall be used for constructing water retention berms, or, if not needed for berms, shall be thinly distributed (wasted) in the vicinity, subject to approval of the Engineer. (e) Wood Mulch. Mulch shall consist of fresh, moist wood shavings having approximate dimensions of: Width: 1h to 1/2 inch, Length 3 to 4 inches. The Contractor shall submit a sample to the Engineer for approval at least 30 days prior to start of planting nursery stock. Flex Pipe Bark Protector. Bark Protector shall be made of flexible UV stabilized plastic which shall be able to push off and separate with tree growth. Wildlife Protection Fencing. Fencing shall be made of 20 -gage steel with black -vinyl coating, with BID NO. 18000072 Page 188 of 828 7 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS a maximum opening of 1 inch. (h) Pruning. All deciduous trees and shrubs shall be pruned in accordance with standard horticultural practice, preserving the natural character of the plant. Guidelines for pruning are indicated in the planting details. Pruning cuts shall be made with sharp clean tools. All clippings shall become the property of the Contractor and be removed from the site. (i) Staking. All deciduous trees 2 -inch caliper and greater shall be staked as designated on the plans. Coniferous trees 4 feet or taller shall be staked as designated on the plans. Q) Wrapping Materials. Wrapping material shall be horticulturally standard waterproof tree wrap. Wrapping shall be applied from the base of the tree upward to the second scaffold branch and secured with arbor tape. Populus species shall be exempt from tree wrap. The Contractor shall submit the manufacturer's certification for the wrapping material requirements. Wrapping shall be done in the fall months prior to freeze, and removed in the spring. Wrapping shall not remain on any trees throughout the summer months. Wrapping shall be removed by the Contractor. All plant tags shall be removed from plants and all packing or other material used by the Contractor shall' be removed from the site. (k) Unrooted Cuttings. Upon arrival at the construction site, cuttings shall be inspected for acceptability. Only healthy, undamaged material will be accepted. During installation activities, the cuttings shall be kept wet and out of the direct sun light. No cuttings shall be out of water for more than 10 minutes before planting. Water shall be applied to areas around the cuttings until the soil mass is saturated. Cuttings shall be watered thoroughly every day for a period of one month, unless natural soil saturation occurs within 12 inches of soil surface, as verified by the Engineer. Unrooted cuttings shall be used in the following: 1. Unrooted Cutting Stakes. Live unrooted cutting stakes shall use either willow or cottonwood as shown on the plans. Using a rock bar at least 20 inches deep or other mechanical method such as a stinger backhoe attachment or trenching equipment, the Contractor shall create a vertical hole or trench deep enough to reach the water table throughout the growing season Cut ends shall be about 2/3 of the 45 -degree cut end into the hole so that the end of the cutting maintains contact with the natural water table throughout the entire growing season; planting depth shall consider the natural fall of the water table that typically occurs in late summer. The placement of these cuttings shall be in areas shown on the plans and at the spacing specified. The root end of cuttings shall be tamped into the pilot hole or placed in a trench to a minimum depth of 2 feet, or until the root -end of the cutting meets elevation at which groundwater will be present at the driest point of the growing season. Note that some water tables will vary greatly from April to October; the Contractor shall consult with CPW environmental staff for proper depth. BID NO. 18000072 Page 189 of 828 8 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS The top of the cutting shall protrude a minimum of 6 inches, but no more than 1/3 of its length with at least two live buds showing above ground. Dead blow hammers or rubber mallets shall be used to tamp in the cuttings into holes, in such manner as to not cause the wood to split. Trench planting should not require any tamping. Soil shall be placed in any spaces around the cuttings and tamped into place to remove any air pockets. Water shall be applied to the planted cutting stakes areas until the soil mass is saturated. Cuttings shall be watered thoroughly every day for a period of one month, unless natural soil saturation occurs within 12 inches of soil surface, as determined by the Engineer, in consultation with the Region environmental representative. 2. Brush Mattress. Live unrooted cuttings shall be evenly distributed in the dimensions shown on the plans and laid flat against sloped stream bank to create a continuous mat of brush. The cut -end of the branches shall be buried in the toe of the slope. At a minimum, the ends shall be buried 6 inches at the toe of slope or otherwise secured with willow fascines, log and/or rock as specified in plans. The Contractor shall ensure that the lower willow tips are in contact with soil that is saturated during normal low flow stream conditions. The mattress will be secured to the stream embankment with a network of wood stakes and twine. Utilize minimum length 24 -inch -long wood stakes and 0.25 -inch diameter machine spun bristle coil twine (tensile strength: 140 pounds). The Contractor shall cover the mattress with a thin layer of clean topsoil and seed with wetland seed mix. Soil covering should cover 90 percent of the unrooted cuttings. Approximately 10 percent but no more than 20 percent of the cuttings should daylight above the soil covering once soil has settled into the voids of the mattress. 3. Fascines. A fascine is a bundle of unrooted cuttings, fastened together with 0.25 -inch diameter machine spun bristle coil twine (tensile strength: 140 lbs.) to keep the bundles tightly tied until placed in the ground and buried. Clean topsoil shall be worked over and around the bundles, no compaction is required. The length of the wattle bundle shall be placed parallel with the contour of the ground. Woodstakes shall be placed as shown on the plans centered along bundle. Utilize minimum length 24 -inch wood stakes and 0.25 -inch diameter machine spun bristle coil twine (tensile strength: 140 pounds). The Contractor shall puddle with water and allow soil to settle, then repeat backfill procedure until wattle bundle is covered to three-quarters of bundle height. Unrooted cuttings installed above reliable ground water supply shall be watered thoroughly every day for a period of one month. Watering shall be continued after the first month at a minimum of once a week until the completion of the project. (I) Watering. 1. Watering for nursery stock in irrigated areas (projects with 623 pay items). Irrigation system shall be operating and supplying the correct amount of water to the immediate area prior to BID NO. 18000072 Page 190 of 828 9 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS any nursery stock being planted. Plants shall be thoroughly watered within 15 minutes of planting. 2. Watering in newly planted nursery stock in non -irrigated areas. The Contractor shall furnish and supply the correct amount of water to the area receiving nursery stock to keep the plants in a healthy and vigorous condition. All plantings shall be watered within four hours of placement. All plant material shown on the plans (excluding seeded areas) shall be watered to ensure successful establishment of the plant. Rate of flow shall allow the water to soak into the soil adjacent to the planting. At no time shall watering operations be applied at a rate or intensity that causes surface run off. (m) Maintenance of landscape during construction. Maintenance of landscaping shall start immediately upon placement of first permanent landscaping and continue until the Notice of Final Acceptance has been received. The Contractor shall maintain the seeded areas nursery stock and unrooted cuttings in a healthy and vigorous growing condition to ensure successful establishment. Maintenance shall consist of the following: Work Item Function Notes Weedcontrol of areas having native seed Areas shall be kept free of harmful _ ,insects, disease and State noxious weeds from List A and B. • Weed, management strategies shall be discussed during the Site Pre - Vegetation, Conference. Hand watering trees All plant material shown on the plans (excluding seeded areas) shall be watered to ensure successful establishment of the tree. Rate of flow must allow the water to soak into the soil adjacent to the planting. At no time shall watering operations be applied at a rate or intensity that causes surface run off. Trees shall be watered two times a month at a rate of 10 gallons for each diameter inch of the tree for the months of May through October; One time per month for the months of November through April. Hand watering trees, shrubs, - herbaceous plants and unrooted cuttings All plant material shown on the, plans .: . (excluding seeded areas) Shallbe(excluding-seeded watered to ensure successful - establishmentof the plant. Rate of. flow . must allow the water to soak into the -soil adjacent to the. planting. At no time shall ,.watering 'operations be appliedLata rate or intensity that . causes surface run off.., - " - Allplant material shown on the plans areas)'shall be , watered to ensure successful :establishment of the plant. Rate of `flow must -allow the water to soak into ' the soil adjacent to the planting. At no time shall watering. operations be applied at a rate or intensity that ; causes surface run off._ (n) Record Keeping. The contractor shall keep a preservation binder containing the following information. The binder shall be brought to each of the inspections and copies of the information shall be provided to the Engineer upon request. Approved preservation plan prepared by the contractor. BID NO. 18000072 Page 191 of 828 10 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS (1) Product information and Safety Data Sheets (SDS) for all fertilizers, herbicides and pesticides. (2) A diary documenting all landscape preservation activities including work locations and time spent. (3) Licensing documentation from the Colorado Department of Agriculture for all commercial pesticide.applicators working on the project. Copies of the preservation binder shall be included with the monthly pay application. Failure to provide the preservation binder will result in a delay in payment to the Contractor. Upon Notice of Final Acceptance, the complete preservation binder shall be submitted by the contractor within 20 days. Failure to provide the completed preservation binder shall be grounds for levying liquidated damages. 214.04 Landscape Preservation. After all nursery stock and unrooted cuttings on the project are installed, a plant inspection shall be held including the Contractor, Engineer and the CPW Environmental Staff to determine acceptability of nursery stock. During the inspection, an inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined. A Notice of Substantial Landscape Completion will be issued by the Engineer when all nursery stock in the Contract have been planted and all work under Sections 212, 213, 214 and 623, except the Landscape Preservation, has been performed and accepted. The Contractor shall perform landscape preservation work in accordance with Table 214-1 until Final Acceptance on the project is given starting immediately after receiving acceptance of the Notice of Substantial Landscape Completion. The site shall be maintained in a similar condition to what the landscape improvements were in when the project received the acceptance of the Notice of Substantial Landscape Completion from the Engineer. (a) Submittals. Within the first two weeks of the Landscape Preservation period the Contractor shall provide the following to the Engineer until written acceptance is provided: (1) A Landscape Preservation plan, which includes details and suggested changes to the requirements of Table 214-1 to the Engineer for approval. At a minimum the plan shall provide a schedule showing the number of hours or days personnel will be present, the type of work to be performed, supervision, and equipment to be used. The plan shall provide the person to contact for emergency work and the inspection schedule. (2) Product submittals and Safety Data Sheets (SDS) for all fertilizers, herbicides and pesticides. (3) A plan for safe access into and route though -the site during the preservation period to the Engineer for approval. The plan shall include permits or permissions for access to and from public roads or adjacent properties. Access and route shall avoid areas protected during construction (i.e., Wetlands, riparian zones, threatened and endangered species, etc.). (b) Contractor Qualifications. The work shall be performed by a landscaping subcontractor having at least 5 -years of experience with maintaining a project of similar size and scope. Variations to Table 214-1 shall be included in the Landscape Preservation Plan for approval. (c) Final acceptance. Prior to Final Acceptance of the project, the Contractor shall request a walkthrough of the project site. The walkthrough shall include the Engineer, the designated BID NO. 18000072 Page 192 of 828 11 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS representative of the Contractor, and CPW Environmental staff. During the inspection any repairs or replacements found to be necessary will be identified on a punch list. Repairs or replacements shall be made at the Contractor's expense. All plants shall be healthy and in flourishing condition, free of dying branches and branch tips. During the growing season plants must bear foliage of normal density, size and color. At the end of the preservation period the seeded areas as shown in the plans shall contain no 'A' list noxious weeds and no more than 10% (by individual plant density) 'B' list noxious weeds growing on the project. All temporary access and route shall be reclaimed and seeded in accordance with applicable seeding and planting requirements. Upon completion and re - inspection of full repairs or replacements necessary the Engineer will issue a notice of final acceptance of the landscape preservation period. The contract performance bond, as required in subsection 103.03, shall include all required work involved during the Landscape Establishment period. TABLE 214-1 WORK TO BE PERFORMED DURING LANDSCAPE PRESERVATION PERIOD Work Item Function Function by Month Notes Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Inspections Inspections: The Engineer or a designated representative, . and a representative from the contractor will be required to attend each inspection. X X X X X X X X X X X X X X X X X X X Inspections shall be twice monthly, April through October, and once monthly, November through March. Before each inspection is to occur, the Contractor shall notify the Engineer at least 72 hours in advance. Removal of dead perennials Hand removal of dead perennials, top foliage and pruning of dead branches, etc. Removal of any other debris present. X X Perennial beds shall be kept completely clean and clear of debris at all times during the winter season. Cultivating, Weeding and Mulching Guying material shall be repaired or replaced. Mulched beds shall be kept at a depth as stated originally in the plans. Area shall be kept free of harmful insects, X X X X X X X X X Tree and shrub areas shall be kept completely free of weeds, noxious weeds and grasses at all times. The contractor shall repair guying, reshape plant saucers and and replace wood mulch material as needed or as BID NO. 18000072 Page 193 of 828 Work Item Function Function by Month Notes Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec disease and noxious weeds. Chemical applications maybe required. directed by the Engineer. Fertilization of trees and shrubs Root inject slow release fertilizer with a .nutrient analysis of 10- 10-10. X X Root feeding of trees and shrubs shall be done in spring and fall or as directed by the Engineer. Pruning of trees and shrubs Prune any diseased, dead or broken limbs or branches as soon as identified, following accepted and approved methods. Any equipment or hand tools used on trees and shrubs shall be cleaned by a sterilizing solution after use on each tree or shrub. No pruning of trees and shrubs shall be done to change the natural appearance or growth of the plant. X X Base sucker growth is to be removed as needed or directed by the Engineer. Prune flowering trees and shrubs after flowering period. Chemical application to trees and shrubs • Plants, trees and shrubs shall be kept free of harmful insects and disease. X X Only as needed, or as directed by the Engineer. Hand watering trees All plant material shown on the plans (excluding seeded areas) shall be watered to ensure successful establishment of the tree. Rate of flow must allow the water to soak into the soil adjacent to the X X X X X X X X X X X X X X X X X X - Trees shall be watered two times a month at a rate.of 10 gallons for each diameter inch of the tree for the months of May through October. One time per month for the months of November through April. BID NO. 18000072 Page 194 of 828 Work Item Function Function by Month Notes Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec planting. At no time shall watering operations be applied at a rate or intensity that causes surface run off. Hand watering trees, shrubs, herbaceous plants and unrooted cuttings All plant material shown on the plans (excluding seeded areas) shall be watered to ensure successful establishment of the plant. Rate of flow must allow the water to soak into the soil - adjacent to the planting. At no time shall watering operations be applied at a rate or intensity that causes surface run off. X X X X X X X X X X X X X X X X X X All plant material shown on the plans (excluding seeded areas) shall be watered to ensure successful establishment of the plant. Rate of flow must allow the water to soak into the soil adjacent to the planting. At no time shall watering operations be applied at a rate or intensity that causes surface - run off. Trees shall be watered two times a month at a rate of 10 gallons per planting for the months of May through October. One time per month for the months of November through April. Litter Control Weekly trash pickup X X X X X X X X X X X X Litter removal a minimum of 1 hour per acre, per month. Removal of tree staking material The Engineer or a designated representative at the end of the preservation period will determine which staking material should be removed Contractor shall coordinate at the end of the establishment period. Removal of temporary sediment and erosion BMPs The Engineer or a _ designated representative at the end of the preservation period will _ Contractor shall coordinate at the end of the establishment period. BID NO. 18000072 Page 1'95 of 828 Work Item Function Function by Month Notes Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec determine which BMPs should be removed METHOD OF MEASUREMENT 214.05 The quantity of nursery stock to be measured will be the number of plants, of the types and sizes designated in the Contract that are actually planted and accepted. Unrooted cutting stakes will be measured by the number actually installed and accepted. Brush Mattress Cuttings will be measured by the actual number of linear feet installed and accepted. Fascines will be measured by each 5 -foot -long section of fascine completed per the detail on the plans and accepted. BASIS OF PAYMENT 214.06 The accepted quantities of nursery stock and unrooted cuttings will be paid for at the contract unit price for each of the various items listed below: Payment for the total cost of the item will be made at the completion of the installation of each item. Cost of the performance bond shall be included in the cost of the plant items. Payment will be made under: Pay Item Pay Unit Tree Inch Caliper Each Tree Foot Each Nursery Stock Container (DRC # ) Each Nursery Stock Container (SNC# ) Each Unrooted. Cutting Stakes Each Fascine Each Brush Mattress Linear Feet Landscape Establishment will not be measured and paid for separately, but shall be included in the work. All costs associated with replacing nursery stock larger than DRC#10 shall be at the Contractor's expense. All costs associated with replacing nursery stock and unrooted cuttings, shall be at the Contractor's expense. Replacement of nursery stock and unrooted cuttings may occur more than once during the Landscape Preservation period, as directed. Additional slow -release organic fertilizer for nursery stock shall be used as specified in the plans will not be measured and paid for separately, but shall be included in the work. BID NO. 18000072 Page 196 of 828 15 REVISION OF SECTION 214 NURSERY STOCK CONTAINERS AND UNROOTED CUTTINGS Additional slow -release organic fertilizer for Landscape Preservation will not be measured and paid for separately, but shall be included in the work. Compost required for backfill of nursery stock will not be paid for separately, but shall be included in the work. Water required after the, acceptance of the Notice of Substantial Completion will not be measured and paid for separately but shall be included in the work. Water used for Landscape Preservation will not be measured and paid for separately, but shall be included in the work. Standard waterproof tree wrap and flex pipe bark protector for nursery stock will not be measured and paid for separately, but shall be included in the work. Cleaning or repair of site conditions effected by equipment used by the Contractor for planting operations will not be measured and paid for separately by shall be included in the work. Wood mulch, stakes, guy wire, PVC protector, safety caps, wrapping, and all other materials required to install a tree will not be measured and paid for separately but shall be included in the work. Wood stakes and other materials required to secure brush mattresses and fascines will not be measured and paid for separately but shall be included in the work. Maintenance of Landscaping during construction will not be measured and paid for separately but shall be included in the work. Herbicide will not be measured and paid for separately but shall be included in the work. Mulching will not be measured and paid for separately but shall be included in the work. Mobilization required for Landscape Preservation will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO. 18000072 Page 197 of 828 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)(3) 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, 2.00lbs/sf , _ _ 1.0,0 lbs/ft • 2 < 0.10@3:1 2.25 lbs/sf 125 lbs/ft Notes: "C" Factor calculatedr`as ratio of soil loss from soil retention blanket protected slope :` (tested at specified or greatergradient;' h:v) to ratio of soil loss from unprotected (control). . biotin large-scale testing. ' - Permissible shear stress is the minimum shear stress that ; a product must be • able to :. sustain without physical damage orexcess soil . loss when it is installed on a bare soil - channel. Fail"ure is defined as Y2 inch of soil loss during a,30 -minute flow even t in:°large.. scale testing. :' In Subsection 216.02(a)(3) add the following language after Table 216-2: A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. In Subsection 216.02(b) delete Table 216-4 and replace with the following: Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Product Class Tensile Strength MD ASTM D 6818 UV Stability @ 500 Hours ASTM D 4355 Maximum Permissible Shear Stress' (Unvegetated) ASTM D 6460 Maximum Permissible Shear Stress' (Vegetated) ASTM D 6460 1.. ' 125 lbs/ft - ,_ .'80°,/0' _ =„ .: :8 lbs/sf " 6.0• lbs/sf ' 2 150 lbs/ft 80% 2.5 lbs/sf 8.0 lbs/sf ;`' 3 1_:75:Ibs/ff.,. , : ',:80%=''. .: .3.1 lbs/sf ; ,. . -110.0 lbs/sf BID NO. 18000072 Page 198 of 828 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Notes: Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 -minute flow event in large scale testing. In Subsection 216.02(c) delete paragraph one and replace with the following: Staples. Staples shall be made of ductile steel wire. For use in Channel: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 inch crown. For use on Slope: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 inch crown. "T" shaped pins shall not be used. END OF SECTION BID NO. 18000072 Page 199 of 828 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 77 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: BID NO. 18000072 Page 200 of 828 2 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE 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 (Class 6) Ton Pay Unit Section 703 of the Standard Specifications is hereby revised for this project as follows: Subsection 703.03 Table 703-2 shall be deleted and replaced with the following: Table 703-2 CLASSIFICATION FOR AGGREGATE BASE COURSE Sieve Designation - Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Surface Gravel Standard (mm) Mesh (in) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 ,100 f 100.00 4 100 .75.00, 3 k' 95-100' :, ;. 63.00 2 '/z 100 50.00: 2-, 95-100 100 _ 37.50 1 1/2 90-100 100 100 25:40.. 1 . ; 95-100 100 1:00 90-100 19.00 3/ 50-90 95-100 12.50- , ,1/2 , 55-80 4.76 No. 4 30-65 30-50 30-70 30-65 45-65 2.38 : No. _8.'' , - 25-55'. i 20`85 33-53 ..-. 0.42 No. 40 15-35 ,0;.07.. No. 200 ;: - 3-15. , . 3-15 , ` 20 Max' 3-12 3-15 ' A' .3-12 - 5-15 ` ,,.4-15. Plasticity Index 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 4-12 LA. wear°test,(T96) : • 50 Max. , 50•Max' ` 40 Max. END OF SECTION BID NO. 18000072 Page 201 of 828 1 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised as follows: Subsection 401.02(a), add paragraph (4) to include the following: (4) The job -mix formula for Pavement shall be established by a testing laboratory approved by the County and at the Contractor's expense. Copies of all test data shall be provided to and approved by the County prior to construction. Subsection 401.17, first paragraph, shall be modified to include the following: If the Contractor can demonstrate to Weld County that all the manufacturer's recommendations were followed and the pneumatic tire roller is detrimental to the finished surface of the HMA, the Contractor may request Weld County to waive the pneumatic tire roller requirement. Pneumatic tire rollers shall not be used on SMA pavement. Steel wheel rollers shall not be used in vibratory mode when compacting SMA on bridge decks. END OF SECTION • BID NO. 18000072 Page 202 of 828 1 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mixes for hot mixes asphalt shall conform to the following: Table 403-1 Property Test Method Value for r Grading SX (PG 64- 28) S (PG 76- 28) S (PG 64- 28) SG (PG 64- 22) Patching Air Voids, percent at: - N`(design)'. CPL 3.5 - 4.5 5115 —_-- 3.5 — 4.5: 3.5, = 4.5. 3.5 - 4.5. 3.5— 4.5 Lab Compaction (Revolutions): N (design) CPL 5115 100 100 100 100 100 Stability, minimum CPL' 5106 30 30 3Q _ 30; 30 Aggregate Retainedon the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36mm (No. 8) Sieve for ST and SF with at least 2 Mechanically Induced fractured faces, % minimum* CP 45 60% • 60% 60% 90% 60% Accelerated Moisture Susceptibility Tensile Strength Ratio . (Lottman), minimum , CPL . 5109' Method B 80 _ 80 80 80 ' 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement, Top;,Layerr.. . ,. PG 64-28 PG 76-28 PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-22 PG 64-22 Voids in the Mineral Aggregate, (VMA) % minimum, _CP'48 = See Table 403-2 See Table 403-2 See Table 403-2 See Table 403-2 : See. Table 403-2 , Voids Filled with Asphalt (VFA), Al MS -2 65-75 65-75 65-75 65-75 65-75 Dust to Asphalt Ratio: Fine Gradation- __Coarse?radation • CP:50. 0.6—.12: 0.8-1':6 0.6-1.2 0.8-1.6 06-1.2.. 0.8-1.6 - 0.6-1.2' 0.8-1.6, 0.6—.1.2' 0.8-1.6 BID NO. 18000072 Page 203 of 828 2 REVISION OF SECTION 403 HOT MIX ASPHALT Note: Al MS -2 = Asphalt Institute Manual Series 2 Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by RME depending on project conditions. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1%);, 1-1.6 1'1.7 11.8'. N/A. 25.0 (1) 12.6 12.7 12.8 1.9.0 (') 13.6 13.7 : 13.8. 12.5 (1,4) 14.6 14.7 14.8 - 9.5 (%) 15.6 15.7 . 1.5.8 16.9 The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. 'Interpolate specified VMA values for design air voids between those listed. '* Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining, the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt shall not contain any reclaimed asphalt pavement unless approved by the Engineer. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt when determined by the Engineer. BID NO. 18000072 Page 204 of 828 3 REVISION OF SECTION 403 HOT MIX ASPHALT Acceptance samples shall be taken in accordance with CP-41, as determined by the Engineer and/or Inspector. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. If liquid anti -stripping additive is added at the plant, an approved in -line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to thoroughly mix the asphalt cement and anti -stripping additive. Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. Payment will be made under: Pay Item Hot Mix Asphalt (Grading S)(100)(PG 64-28) Hot Mix Asphalt (Grading S)(100)(PG 64-22) Hot Mix Asphalt (Grading SX)(100)(PG 64-28) Hot Mix Asphalt (Patching)(Asphalt) Pay Unit Ton Ton Ton Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. The Contractor shall collect the scale ticket on each load when it is delivered to the project site and ensure that the information required in subsection 109.01 is shown on each ticket. The scale tickets shall be available on site for County personnel to inspect. Each day, the Contractor shall provide to the County, envelopes which contain the previous day's signed tickets and the following: A. On each envelope: Project number, location, date of paving, type of material, daily total and cumulative total B. One of the following: 1 BID NO. 18000072 Page 205 of 828 4 REVISION OF SECTION 403 HOT MIX ASPHALT 1. Two adding machine tape tabulations of the weight tickets with corresponding total run and signed by two different persons, 2. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person, or 3. Signed check tape of computer scale tickets that have a cumulative total. These scale tickets must be consecutive and without voids or adjustments. C. A listing of any overweight loads on the envelope, including ticket numbers and amount over legal limit. D. A comparison of the actual yield for each day's placement to the theoretical yield. Theoretical yield shall be based on the actual area paved, the planned thickness, and the actual density of the mixture being placed. Any variance greater than +2.5% shall be indicated on the envelope and a written explanation included. END OF SECTION BID NO. 18000072 Page 206 of 828 1 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised as follows: Delete Subsection 411.05 and replace with the following: Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid for Hot Mix Asphalt (Grading SX)(100)(PG 64-28), and Hot Mix Asphalt (Grading S)(100)(PG 64-22). END OF SECTION BID NO. 18000072 Page 207 of 828 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: Subgrade Preparation: Clear, grub and excavate (as required) to the plan subgrade or undercut elevation, stripping topsoil, deleterious debris and unsuitable material from the site. Cut stumps and other projecting vegetation as close and even to the ground surface as practical. Specialized equipment with low ground pressure, as directed by the Engineer, may be required for very soft soils (CBR ≤ 1.5%) to minimize subgrade disturbance. In addition, it may also be beneficial to leave root mats in place in such instances. The surface of the subgrade should be relatively smooth and level, and depressions or humps greater than 6 inches should be graded out. Geosynthetic 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% 12" to 18" overlap 4% 5 CBR ≤ 3% 24" to 36°° overlap 0.5% ≤ CBR <1% 36" or Sewn Sewn BID NO. 18000072 Page 208 of 828 2 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS 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 5 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, 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 s 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. BID NO. 18000072 Page 209 of 828 . 3 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS 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. Table 712-2a Geotextile (Separator) (Class 1) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum); , . Feet 3.00' Roll Width (minimum) Feet 15 Roll Area (minimum)- Sq,. Yd ' 500 Mechanical Properties Test Method Unit Minimum Average Roll Value STRENGTH • Tensile Modulus @ 2% strain (CD) ASTM D4595 lbs/ft 1,800 'Tensile Modulus @ 5% strain- - ASTM: D4595 lbs/ft 4,380' HYDRAULIC Flow Rate Permittivity i ASTM D4491 gal/min/ft? ' 75 ,- ASTM D4491 sect 1.0 son. RETENTION Apparent Opening Size (AOS) ASTM D4751 U.S. Sieve 40 -Pore Size O95 ASTML06767 microns 337 Pore Size 050 ASTM D6767 microns 192 'SOIL INTERACTION Interaction Coefficient ASTM D6706 __ 0.9 Factory. Sewn Seam :. `ASTM D4884 `. . . lbs/ft, - 3,000. UV Resistance (at 500 hours) ASTM D4355 % strength retained 9O BID NO. 18000072 ;Page 210 of 828 4 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS The material for Geotextile Separator (Drainage) (Special) shall meet the properties in Table 712-2b. Table 712-2b Geotextile Separator (Drainage) (Special) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum)` - '_ Feet , ,, 300 Roll Width (minimum) Feet 12.5 Roll Area (minimum) ' Sq.•Yd:. ;41Z Mechanical Properties Test Method Unit Minimum Average Roll Value STRENGTH _ Grab Tensile Strength ASTM D4632 lbs 400 (MD) 335 (CD) :Grab Tensile Elongation. ASTM; D4632 %o. . 20(MD)15(CD)_ Trapezoid Tear Strength ASTM D4533 lbs 145 (MD) 125 (CD) CBR Puncture Strength , . ASTM:'D6241' lbs : 1_,250: ,_ , HYDRAULIC ,.Flow Rate ASTM D4491, gal/min/ft2„ 115: ' Permittivity ASTM D4491 sec -1 1.5 Percent Open Area ' , , COE-02215-- .% 8' SOIL RETENTION Apparent Opening Size (AOS) 'ASTM, D4751 U.S. Sieve 30.- -,.. '. SOIL INTERACTION • UV Resistance (at 500, hours). 'ASTM' D4355 `' " % strength. retained: , . 9Q • END OF SECTION BID NO. 18000072 Page 211 of 828 1 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: Subsection 506.02 shall include the following: The Contractor shall supply Riprap d50 per Table 506-2. Prior to delivering this material to the jobsite, the Contractor shall supply laboratory testing data from the supplier, for approval by the Project Inspector. Subsection 506.03 shall include the following: Geotextile (Separator) - Class 1 shall meet the material requirements of Subsection 712.08 Geotextiles and table 712-2b. This item shall be included in the cost (subsidiary) of the riprap pay item. END OF SECTION BID NO. 18000072 Page 212 of 828 1 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.01 shall include the following: This work shall include the furnishing and placing of reinforcing steel in accordance with these specifications and in conformity with the plans. Subsection 601.20 shall include the following: Pay Item Pay Unit Concrete Class D (Bridge) Concrete Class D (Wall) END OF SECTION Cubic Yard Cubic Yard BID NO. 18000072 Page 213 of 828 1 REVISION OF SECTION 603 REINFORCED CONCRETE PIPE Section 603 of the Standard Specifications is hereby revised for this project as follows: Subsection 603.02 shall include the following: Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate exposure Class 1 specified in subsection 601.04 and in conformity with the plans. Subsection 603.07(a), delete the second paragraph and replace with the following: Joints for all circular reinforced pipes will be made with confined rubber gaskets. Concrete collars will be required at all non-standard joints (not tongue and groove or bell and spigot) and at all connections to existing pipe. END OF SECTION BID NO. 18000072 Page 214 of 828 1 REVISION OF SECTION 612 DELINEATORS AND REFLECTORS Section 612 of the Standard Specifications is hereby revised for this project as follows: Subsection 612.02 is hereby revised to include the following paragraph: For delineators marking a culvert, use a white carsonite delineator post 60" to 66" in height and 3.75" in width. The reflective elements will use the minimum HIP reflective sheeting (yellow Class 3). For delineators marking the edge of road, use a green carsonite delineator post 60" to 66" in height and 3.75" in width. The reflective elements will use the minimum HIP reflective sheeting (white Class 1). Subsection 612.05 is hereby revised to include the following: Payment will be made under: Pay Item Pay Unit Delineator (Type I) Each Delineator (Type III) Each END OF SECTION BID NO. 18000072 Page 215 of 828 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 paragraph: Steel square tube type perforated sign posts and anchors shall meet or exceed the following: 1. Posts — 2 1/4" x 2 1/4" square posts, 12 gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 2. Anchors — 2'/4" x 2'/4" 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 paragraph: 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 associated 30" tall anchor will not be measured separately, and shall be included in the cost of the post. 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. Subsection 614.14 is hereby revised to include the following: Payment will be made under: Pay Item Steel Sign Post (2.25x2.25 Inch Square Post) Steel Sign Support (2-1/2 Inch NP -40) (Post) Steel Sign Support (2-1/2 Inch NP -40 (Slipbase) Pay Unit Lineal Foot Lineal Foot Each END OF SECTION BID NO. 18000072 Page 216 of 828 1 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE) Subsection 620.02 shall include 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. Hard wired internet connections are preferred, however cellular, radio, or satellite is acceptable if speed and signal strength requirements are met. If reliable data services are not available, data signal boosters may be required to meet the bandwidth and throughput requirements. Wireless hotspot configurations must include WPA2 and AES encryption for SSID authentication. 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. Cable broadband and DSL are always preferred and will grant an increased number of endpoints, however in many locations this may simply not be a viable alternative. A fully inclusive list of connection alternatives includes Cable, DSL, Point to Point wireless, 4G, 3G, satellite and dialup. Weld County will only supply the field office trailer. The Contractor shall transport and furnish all other related items in Section 620 and M-620-2, including but not limited to, furniture, printers, telephone service and power. Weld County field office trailer is located at 1111 H Street. Field office trailer shall be moved from 1111 H Street in Greeley by the contractor and brought back to 1111 H Street after the project is completed. Contractor is responsible to return the field office trailer in same or better condition. The Contractor shall be responsible for locating the County provided trailer in a location that is acceptable to Weld County. The Contractor shall obtain the necessary permits for the trailer. Field office shall be set up at the start of construction. Start of construction shall be anything other than mobilization and surveying. 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 county. If field office is not set up at the start of construction 5% each day will be deducted from the lump sum bid amount item for the field office. 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 each field office and field laboratory. If commercial power is not available, independent generators shall be provided. Generators shall be a minimum of 25kW. 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. BID NO. 18000072 Page 217 of 828 2 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE) Janitorial: The Contractor shall provide weekly janitorial services. Access: The Contractor shall provide maintenance of the exterior of the office trailer included but not limited to access to parking and snow removal. Office Supplies: One office type color laser printer/copier/scanner (a multi -purpose desktop printer will not suffice) with an 11" x 17" tray or approved equal including paper, toner, parts, service and repairs. This device shall be capable of networking with all trailer offices. The device scanner shall be capable of scanning documents up to 11" x 17" and transmitting the scanned file to multiple email addresses. 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. Subsection 620.08 shall include the following: Pay Item Field Office Pay Unit Each END OF SECTION BID NO. 18000072 Page 218 of 828 1 REVISION OF SECTION 621 DETOUR PAVEMENT Section 621 of the Standard Specifications shall be added as follows: DESCRIPTION 621.01 This work consists of constructing detour pavement as shown on the plans. MATERIALS 621.02 The Contractor shall be responsible for quality control required to assure adequate quality of hot mix asphalt and aggregate base course used in the pavement. CONSTRUCTION REQUIREMENTS 621.03 The minimum thickness of detour pavement shall be 6" Aggregate Base Course (Class 6) plus 3" Hot Mix Asphalt. If the materials used require that the Contractor provide thicknesses greater than minimum to serve for the life of the detour pavement, these shall be provided at no additional costs. The detour pavement construction shall include grading, sawing existing pavement and pavement appurtenances, embankment material, planning, and other items of work necessary for the construction of detour pavement. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic. The removal of the detour will not be paid for separately but shall be considered subsidiary to this item. The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm drains necessary for the control of storm drainage. The Contractor shall be responsible for ensuring all embankment construction for Detour Pavement is constructed in accordance with applicable portions of Section 203 of the Standard Specification for Road and Bridge Construction, 2017. The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not exceed 4 percent break -over. Transverse joint tapers shall be 20' horizontal to 1" vertical or flatter. Longitudinal joints which have a vertical drop-off shall be tapered with Hot Mix Asphalt. Tapers shall be 8 horizontal to 1 vertical or flatter. 621.04 The Contractor shall maintain the detour for the entire period that is required to the satisfaction of the Engineer. METHOD OF MEASUREMENT 621.05 Hot Mix Asphalt used for the Detour Pavement shall be measured by the square yard in accordance with the dimensions shown on the plans. Embankment material, Unclassified Excavation, and Aggregate Base Course required to build the Detour Pavement and the removal of Detour Pavement at the end of the project will not be measured and paid for separately, but included in the cost of Detour Pavement. BID NO. 18000072 Page 219 of 828 1 REVISION OF SECTION 621 DETOUR PAVEMENT BASIS OF PAYMENT 621.06 The accepted quantities will be paid for at the contract unit price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Detour Pavement Square Yard END OF SECTION BID NO. 18000072 Page 220 of 828 1 REVISION OF SECTION 624 DRAINAGE PIPE Section 624 of the Standard Specifications is hereby revised for this project as follows: Subsection 624.03 shall include the following: Irrigation systems, cross drains, and storm drains shall be watertight. ASTM testing of the joints will be performed by the Contractor in accordance with approved methods. Should any joints fail to meet the test requirements, they will be corrected at the Contractor's expense. END OF SECTION BID NO. 18000072 Page 221 of 828 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 625.04 and replace with the following: Contractor's surveyor must establish 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. 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. Before finally 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. 18000072 Page 222 of 828 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 erosions and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The County has acquired Temporary Construction Easements (TCE) for work on the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense In addition, the Contractor will be required to secure Right of Entry for property owners access that extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the access plans and determine the extent of the right of entry required. Weld County shall be notified of the right of entry prior to entry. END OF SECTION BID NO. 18000072 Page 223 of 828 1 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel. The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding purposes. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Add subsection 630.03(a) immediately following subsection 630.03 as follows: 630.03 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: BID NO. 18000072 Page 224 of 828 2 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following: The portable message sign panel shall be on the project site at least 14 calendar days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.15 shall include the following: Portable message sign panels will be measured one of the two following ways: (1) By the actual number of days each portable message sign is used on the project as approved by the Engineer. (2) By the maximum number of approved units in use on the project at any one time. Subsection 630.16 shall include the following: Pay Item Pay Unit Portable Variable Message Sign Panel Day END OF SECTION BID NO. 18000072 Page 225 of 828 1 REVISION OF SECTION 700 WETLAND RESTORATION & REPLACEMENT Section 700 of the Standard Specifications is hereby revised for this project as follows: Insert the following paragraph: Wetland Restoration & Replacement Weld County received a Nationwide Permit from the US Army Corps of Engineers on February 13, 2018. In addition to other requirements set out in the Contract for compliance with the Contract the Contractor shall adhere to the following requirements: 1. The contractor shall limit to the furthest extent possible the disturbance of the wetlands documented in the plans and shall in no circumstances exceed a disturbance of 0.1797 acres of wetlands during construction. 2. The Contractor shall re -vegetate the wetlands in kind. There shall be a one-year warranty period on the restored wetlands. During the warranty period, the Contractor shall remove undesirable vegetation, replacing undesirable vegetation, and replacement of dead or dying vegetation. 3. The Engineer performed an estimate of the vegetation expected to be impacted and has determined that the following: a. 0.18 Acres of Wetland Seeding and Shrub -Tree Replacement shall be required. b. Specification 211 and 214 as revised by Weld County shall be adhered followed as a part of this replacement. 4. Contractor shall install woven geotextile fabric which meets Section 208 as revised by Weld County in all areas to be impacted and place non -erosion -able material such as rip rap or stone in the areas of impact on top of the woven filter fabric. Once the contractor has no further use for the areas they shall be removed within 48 hours and begin the revegetation process. 5. The lump sum payment shall be made based on the plan quantities mentioned in item 3 and the Contractor shall visit the site prior to bid in order to estimate construction methods and determine their impacts to include in the pay item below. 6. The required woven geotextile fabric and stone material (installation and removal) and any other materials needed shall not be paid for separately and shall be considered incidental to the Wetland Restoration & Replacement pay item. Payment will be made under: Pay Item 700-70390 Wetland Restoration & Replacement Pay Unit Acre The Contractor shall be responsible for complying with the applicable requirements of this permit. Should any fines be levied by the Army Corps of Engineers or the State of Colorado, the Contractor shall be responsible for all such fines. END OF SECTION BID NO. 18000072 Page 226 of 828 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the County's estimate for force account items included in the Contract. The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Estimated Quantity Amount F/A Minor Contract Revisions F/A $800,000* F/A Asphalt Cement Adjustment F/A $60,000 F/A On -The -Job Trainee F/A $2,560 F/A Dewatering F/A $150,000* F/A Fence (Temporary) F/A $20,800* F/A Erosion Control F/A $30,000* F/A Survey Monumentation F/A $1,500* F/A Steel Piling F/A $10,000* F/A Steel Piling Cut-offs F/A $10,000* F/A Fuel Cost Adjustment F/A $5,000 F/A Asphalt Pavement Quality Incentive F/A $32,000 F/A Asphalt Pavement Smoothness Incentive F/A $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 Asphalt Cement Adiustment — This account will pay for changes in the asphalt cement in accordance with the steps outlined in Section 109.06(j) of the Revised Standards and Specifications in use for this project. F/A On -the -Job Trainee — This account shall be used to pay for the required On the Job (OJT) training required as part of this project up to $2,560. F/A Dewaterinq — If conditions are found where dewatering is required, this force account is to pay for the dewatering requirements. This work shall be completed by the requirements specified in Section 211 of the Revised Standards and Specifications. Dewatering efforts shall be pre -approved by the engineer prior to work. Failure to obtain pre -approval will result in the materials being supplied to the project at no additional cost. BID NO. 18000072 Page 227 of 828 2 FORCE ACCOUNT ITEMS DESCRIPTION F/A Fence (Temporary) — If cattle are present during the removal and construction of the permanent fence, this force account is to pay for the construction of a temporary fence to prevent the cattle from escaping. Temporary fencing shall be pre -approved by the engineer prior to work. If the Contractor fails to obtain pre -approval, the temporary fencing will be at no cost to the project. This force account shall be paid based on a per lineal foot basis using cost information provided by the Contractor. 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. F/A Survey Monumentation — This work consists of survey monumentation that may be required on this project. The Engineer shall pre -approve all items prior to installation. Failure to obtain pre -approval will result in the materials being supplied to the project at no additional cost. F/A Steel Piling — This work consists of additional piling that may be needed which is not included in the contract drawings or specifications and is necessary to accomplish the scope of work for this project. Use of this force account 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. F/A Steel Piling Cutoffs — This account will be used to pay for piling cutoffs in accordance with Section 502.13 of the Revised Standards and Specifications for this project. F/A Fuel Cost Adjustment — This account will pay for changes in fuel in accordance with the steps outlined in Section 109.06(i) of the Revised Standards and Specifications in use for this project. F/A Asphalt Pavement Quality Incentive — This account will be used to pay for the asphalt pavement quality incentive in accordance with the steps outlined in Section 105.05 of the Revised Standards and Specifications in use for this project. F/A Asphalt Pavement Smoothness Incentive — This account will pay for the asphalt pavement smoothness incentive in accordance with the steps outlined in Section 105.07 of the Revised Standards and Specifications in use for this project. END OF SECTION BID NO. 18000072 Page 228 of 828 1 TRAFFIC CONTROL PLAN — GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10. The components of the traffic control plan (TCP) for this project are included in the following: 1. Subsection 104.04 and Section 630 of the specifications. 2. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. 3. Schedule of Construction Traffic Control Devices. 4. Signing and Striping Plans. 5. Construction Phasing Details. 6. Detour Details. Unless otherwise approved by the Engineer, the Contractor's equipment shall follow normal and legal traffic movements. The Contractor's ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. Special Traffic Control Plan requirements for this project are as follows: During the construction of this project, traffic shall use the present traveled roadway unless identified on the plans or approved by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. Access to private properties shall be maintained at all times. During the resurfacing work, only one lane may be closed to traffic at any time unless approved by the Engineer. Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer when the roadway is open to traffic. Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works Department. The Traffic Control Management (TCM) bid item quantity is intended for days in which a new traffic control setup (MHT) is being implemented. Under all other conditions, the Traffic Control Inspector (TCI) daily bid item shall apply. The Contractor shall not perform any work on the roadway between the hours of 6 p.m. and 6 a.m. unless approved by the Engineer. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. END OF SECTION BID NO. 18000072 Page 229 of 828 1 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with 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 the limits of this project are: UTILITY CONTACT Xcel Energy (OH Elec.) Gary Plumb Ditch Ron Baker Plumb Ditch US Sprint Century Link Colorado Division Of Water Resources PHONE Motsinger Randy Ray Craig Watkins Carson Ortega Russell Stroud 970-330-4540 720-420-6674 970-392-4837 EMAIL 303-571-3186 rmbaker(cwhat-wire.com rrav(CCWCD.orq craig.watkins@sprint.com Carson.Ortega(centurvlink.com 303-866-3581 russell.stroud(a.state.co.us The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The 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. The locations of utilities shown on the plans and described herein were obtained from the best available information, but are not to be considered complete as to location or identification of all utilities that could be encountered. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO. 18000072 Page 230 of 828 1 SB-40 WILDLIFE CERTIFICATION REQUIREMENTS Colorado Parks and Wildlife have reviewed the plans for the project. On February 9, 2018, CPW issued a certification of the project based on the following requirements: 1. A total of 57 trees and 0.3 acres of shrubs shall be planted at the Centennial Valley State Wildlife Area. The Contractor shall coordinate with Weld County and Colorado Parks and Wildlife for the plantings. 2. The replacement trees and shrubs shall be planted within 30 days of the Notice to Proceed from Weld County. 3. The Contractor shall provide monitoring of the replacement trees and shrubs per the revised Weld County Standard Special Revision to Section 214. 4. The Contractor shall replace fencing that is removed as part of the project in accordance to the Contract and Construction Plans. 5. The impact to the wetland areas near the south abutment shall be minimized and flow shall be maintained throughout construction. Once construction is complete, the areas shall be returned to their pre -construction condition. 6. The Contractor shall avoid working in the river during the peak snowmelt season. The Contractor shall not work in the river for a minimum of seven (7) days following the peak of the hydrograph. Depending on the construction schedule, the Contractor may be asked to avoid working in the river for more than the 7 days referenced above. Per the revised Weld County Standard Special Revision to Section 104, any additional delays for working in the river shall not qualify for additional costs. 7. All shoring and dewatering plans shall be submitted to CPW for review and comment. 8. No in -stream work shall be done without having all required permits in hand. 9. Access to the property during construction should be made available to CPW staff. 10. Provide 2 weeks written notice to CPW whenever in -stream work is being conducted so CPW staff may inspect the work and require changes. 11. Best practices for silt containment shall be observed. 12. If riprap extends above the normal high-water elevation, is should be covered with 12 inches of topsoil and revegetated with native plant materials. 13. Equipment shall be moved in and out of the river at a minimal number of designated locations and then be driven up or down the channel as needed, to minimize damage to the banks and riparian vegetation. 14. Native plant species should be used for all bank revegetation or erosion abatement. Wherever feasible, plantings for revegetation should be protected from wildlife browsing by exclusionary fencing. BID NO. 18000072 Page 231 of 828 2 SB-40 WILDLIFE CERTIFICATION REQUIREMENTS 15. The fencing used in this project shall match the existing fence in -kind. 16. CPW will have access for routine water quality monitoring as part of the construction process, especially during concrete pours. 17. CPW will be immediately notified of significant pollutant, mud, or silt flow into the river, or of dead fish observed in the river or adjacent riparian corridor. 18. Grouted riprap should only be used when there are no other alternatives available. 19. During construction when concrete cement is poured, BMPs shall be used to prevent concrete from entering or leaching into the river. 20. Contractor shall supply pH meters and monitor the river pH immediately downstream of the areas where cement is being poured. Should the pH rise above 9.0, the use of cement materials shall be curtailed until CPW is notified. 21. Concrete washout stations for cement delivery vehicles, pumpers, and equipment shall not be located where the effluent may enter the river. The washouts shall be no less than 50 feet horizontally from the river. 22. Concrete washout stations shall be cleaned or replaced when they are 2/3 full. CPW may inspect the washout structures and procedures and shall report any concerns immediately to the Contractor and Weld County. 23. Releasing solvents, flocculants, fuel, oil products, or acid wash water into or near the river, or cleaning equipment contaminated with these compounds in or near the river shall not be allowed. Chemical "dumps" and cleaning stations constructed per BMPs for disposal of these compounds will be located at least 50 feet from the river or tributaries and shall be well marked. 24. The Contractor shall utilize appropriate strategies listed in the 2011 CDOT document, Erosion Control and Storm Water Quality Field Guide, to minimize erosion and silt flow during construction. 25. All riparian and upland areas shall be revegetated as soon as is feasible using BMPs for seeding and planting. BMPs to be considered should include temporal constraints, proper seed selections, proper pre -planting soil amendments, optimal planting strategies, and post planting mulching/crimping as required. It may be necessary for the Contractor to provide watering to allow establishment of grasses, forbs, and woody shrubs. 26. No equipment shall be utilized that has been used in any stream, river, lake, pond, or wetland within the previous 14 days, unless one of the following measures are taken to prevent the spread of New Zealand mud snails, zebra mussels, invasive plant species and other aquatic hitchhikers: i. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and keep all equipment dray for 10 days prior to use; or BID NO. 18000072 Page 232 of 828 3 SB-40 WILDLIFE CERTIFICATION REQUIREMENTS ii. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with a 1:1 solution of Formula 409 Household Cleaner and water, keeping equipment wet for at least 10 minutes; or iii. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 120 degrees F for at least 10 minutes. 27. The contact information for CPW staff is: i. Aquatic Biologist — Kyle Battige (970-472-4396), Kyle.BattigeAstate.co.us ii. District Wildlife Manager — Brandon Muller (970-692-9530), Brandon.MullerAstate.co.us. iii. Property Technician — Dylan Edwardson (970-420-0377), Dylan.EdwardsonAstate.co.us. 28. The contact information for Weld County's Environmental Staff is Michael Gloden. His contact information is (720-475-7096), Micheal.GlodenAatkinsglobal.com. END OF SECTION BID NO. 18000072 Page 233 of 828 COLORADO DEPARTMENT OF TRANSPORTATION EM-BR53-58A BRIDGE REPLACEMENT PROJECT STANDARD SPECIAL PROVISIONS Date Page Required Contract Provisions — Federal -Aid Construction Contracts (October 31, 2013) 222-240 Wage Determination (January 5, 2018) 241-247 Affirmative Action Requirements — Equal Employment Opportunity (July 3, 2017) 248-257 Special Construction Requirements Fire Protection Plan (July 3, 2017) 258-259 On the Job Training (July 3, 2017) 260-262 Revision of Section 105 — Disputes and Claims for Contract Adjustments (December 7, 2017) 263-297 Revision of Section 106 - Supplier List (July 3, 2017) 298 Revision of Section 109 — Prompt Payment (Local Agency) (July 3, 2017) 299-300 Revision of Section 206 - Shoring (July 20, 2017) 301-303 Revision of Section 206 - Structure Backfill (Flow -Fill) (July 3, 2017) 304 Revision of Section 208 — Erosion Control (July 3, 2017) 305-306 Revision of Section 250 — Environmental, Health and Safety Management (July 3, 2017) 307-309 Revision of Section 502 — Extensions and Splices (July 3, 2017) 310-311 BID NO. 18000072 Page 234 of 828 Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCP- Tracker, utilizing the following web link: https://prod.lcptracker. net/WebForms/loq in.aspx The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCP-Tracker system, and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the project, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. Each construction subcontractor shall submit their payrolls directly into LCP-Tracker for approval by the Contractor. The Contractor shall submit and approve their own payrolls in LCP-Tracker. The Engineer will approve or reject weekly payrolls for the Contractor. FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General II. Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL BID NO. 18000072 Page 235 of 828 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. BID NO. 18000072 Page 236 of 828 Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability." Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. BID NO. 18000072 Page 237 of 828 d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the- job training programs for the geographical area of contract performance. In the event a special BID NO. 18000072 Page 238 of 828 provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. BID NO. 18000072 Page 239 of 828 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid BID NO. 18000072 Page 240 of 828 highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, BID NO. 18000072 Page 241 of 828 modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall BID NO. 18000072 Page 242 of 828 maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (ii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, BID NO. 18000072 Page 243 of 828 after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. BID NO. 18000072 Page 244 of 828 Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. BID NO. 18000072 Page 245 of 828 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. BID NO. 18000072 Page 246 of 828 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all BID NO. 18000072 Page 247 of 828 safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. BID NO. 18000072 Page 248 of 828 By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or BID NO. 18000072 Page 249 of 828 voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: BID NO. 18000072 Page 250 of 828 (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.qov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in BID NO. 18000072 Page 251 of 828 this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the BID NO. 18000072 Page 252 of 828 labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. BID NO. 18000072 Page 253 of 828 DATE 01-05-18 1 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 WAGE DETERMINATION — EM-BR53-58A BRIDGE REPLACEMENT PROJECT Decision Nos. CO180024 dated January 05, 2018 supersedes Decision Nos. CO170024 dated January 06, 2017. Modifications ID MOD Date Page Number Numberlsl When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO180024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO180024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 27.60 10.10 1715 Watson 2500 similar or larger 27.92 10.10 Oiler 1716 Weld 26.84 10.10 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 BID NO. 18000072 Page 254 of 828 DATE 01-05-18 2 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Cod e Classification Basic Hourly Rate Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 3.05 DATE 01-05-18 BID NO. 18000072 Page 255 of 828 3 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification HourlyBasic Rate Fringe BenefitsLast Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Larimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.88 6.80 1752 Mesa, Weld 23.66 7.36 Backhoe/Trackhoe 1753 Larimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 6.33 Bobcat/Skid Loader 1756 Larimer 17.13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 BID NO. 18000072 Page 256 of 828 DATE 01-05-18 4 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe BenefitsLast Mod POWER EQUIPMENT OPERATOR (con't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 BID NO. 18000072 Page 257 of 828 DATE 01-05-18 5 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 1 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe BenefitsLast Mod POWER EQUIPMENT OPERATOR (con't.): Rotom i l l 1783 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 _ TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 BID NO. 18000072 Page 258 of 828 DATE 01-05-18 6 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 General Decision No. CO180024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Hourly Basic Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 Larimer 18.96 5.30 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 3.68 1807 Semi/Trailer Truck 18.39 4.13 1808 Truck Mounted Attenuator 12.43 3.22 Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 1811 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. BID NO. 18000072 Page 259 of 828 DATE 01-05-18 7 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO180024 BID NO. 18000072 Page 260 of 828 July 3, 2017 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Area Standard Metropolitan Statistical Area (SMSA) Counties Involved Goal 157 (Denver) 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, Douglas, Gilpin, Jefferson 13.8% 2670 Fort Collins Larimer 6.9% 3060 Greeley Weld 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, • Washington & Yuma 12.8% 158 (Colo. Spgs. - Pueblo) 1720 Colorado Springs El Paso, Teller 10.9% 6560 Pueblo Pueblo .... 27.5% Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Saguache 19.0% 159 (Grand Junction) Non SMSA Archuleta, Delta, Dolores, Eagle, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Casper WY) Non SMSA Jackson County, Colorado 7.5% GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice 6.9% -- Statewide BID NO. 18000072 Page 261 of 828 July 3, 2017 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 2. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 3. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); BID NO. 18000072 Page 262 of 828 July 3, 2017 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The BID NO. 18000072 Page 263 of 828 July 3, 2017 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. 8. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. a. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. b. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. c. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and BID NO. 18000072 Page 264 of 828 July 3, 2017 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. d. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. e. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. f. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. g. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. h. Ensure that all facilities and Contractor's activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. j. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has BID NO. 18000072 Page 265 of 828 July 3, 2017 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. BID NO. 18000072 Page 266 of 828 July 3, 2017 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. BID NO. 18000072 Page 267 of 828 July 3, 2017 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will BID NO. 18000072 Page 268 of 828 July 3, 2017 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting BID NO. 18000072 Page 269 of 828 July 3, 2017 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. END OF SECTION BID NO. 18000072 Page 270 of 828 July 3, 2017 1 SPECIAL CONSTRUCTION REQUIREMENTS FIRE PROTECTION PLAN (a) Fire Protection Plan. Prior to start of work, the Contractor shall submit a Fire Control Plan in writing to the Engineer for approval. The plan shall include the following: (1) The name and contact information of a Fire Control Coordinator who shall be assigned to the project. (2) A list of numbers to call in case of a fire, including 911 (or the equivalent in the area). (3) A complete list, including storage locations, of all tools and equipment the Contractor will use in the event of a fire within project limits. (4) Methods that will be employed if a fire is encountered or started during construction activities within the project limits. (5) Specific fire prevention precautions, and the required firefighting equipment, for every activity which has the potential for starting a fire. At a minimum, the plan shall address prevention planning related to use of heavy equipment, vehicles, hand tools, storage and parking areas. (6) Specific precautions for fueling operations. (7) Provisions for field safety meetings. The Contractor shall conduct field safety meetings (also known as toolbox or tailgate meetings) at least once per week. The Contractor shall encourage participation by all persons working at the project site. Participants shall discuss specific fire prevention precautions for construction activities. (b) Equipment and Procedures. (1) Fire Boxes. Fire boxes shall contain tools and equipment that shall be used exclusively for controlling or suppressing fires which occur due to construction activities on project sites. Each fire box shall contain, as a minimum, the following: a. five round -pointed shovels, b. two double -bitted axes, c. three pulaskis or mattocks, and d. two backpack pumps (2) Welding. If welding at field locations is required, the welding shall be done at a location where all flammable material has been cleared away for a distance of 16 feet around the area. (3) Spark Arrestors. All diesel and gasoline powered engines, both mobile and stationary, shall be equipped with serviceable spark arrestors. (4) Power Saws. Each gasoline power saw shall be provided with a spark screen and a muffler in good condition. Spill -proof metal safety cans shall be used for refueling. (5) Storage and Parking Areas. Batch plant areas, equipment service areas, parking areas, gas and oil drum storage areas, and explosive storage areas shall be cleared of all flammable materials for a distance of 50 feet. Small stationary engine sites shall be cleared of all flammable material for distance of 17 feet. Other mitigation methods may be used as approved by the Engineer. (c) Fire Control Coordinator Responsibilities. The Fire Control Coordinator shall: (1) Implement the Fire Control Plan. (2) Monitor, manage, and adjust the Fire Control Plan as needed as construction work progresses. (3) Document in a letter to the Engineer changes to the Fire Control Plan. BID NO. 18000072 Page 271 of 828 July 3, 2017 2 SPECIAL CONSTRUCTION REQUIREMENTS FIRE PROTECTION PLAN (4) Immediately contact firefighting authorities when a fire is started due to construction activities within project limits. (5) Coordinate fire control and suppression activities until authorities arrive, including the evacuation of staff. (6) When the Fire Control Coordinator cannot be on the project site, he shall designate a person who is on site to serve as the Fire Control Coordinator. The Fire Control Coordinator, or his designee, shall be on site at all times that work is being performed. (d) Costs. All costs associated with the preparation and implementation of the Plan and compliance with all fire protection provisions and requirements will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO. 18000072 Page 272 of 828 July 3, 2017 1 ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal-opportunity/traininq.html 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eoadot.state.co.us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. BID NO. 18000072 Page 273 of 828 July 3, 2017 2 ON THE JOB TRAINING 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://www.coloradodot.info/business/bidding/I3iddinq%20Forms/Bid%201Ninner%20Forms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; G. Type of work; and H. The need for additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's BID NO. 18000072 Page 274 of 828 July 3, 2017 3 ON THE JOB TRAINING apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. Contract dollar value - Minimum total: training hours to be - provided on the project Up to 1 million 0 r r.. >1 - 2_million ,. 320 . f: >2 - 4 million 640 >4 - 6 million., . ' ; 1280 >6 - 8 million 1600 "- >8 - 12 'million : 1920. >12 - 16 million 2240 , >16 - 20 million' 0 2560 For each increment of $5 million, over $20 million 1280 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00 per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the disincentives to be assessed. END OF SECTION BID NO. 18000072 Page 275 of 828 December 7, 2017 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsections 105.22, 105.23 and 105.24 and replace with the following: 105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the standard special provisions outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled work day. An issue is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, any disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. The Contractor shall be barred from any administrative, equitable, or legal remedy for any issue which meets either of the following criteria; 1. The Contractor did not to bring the issue to the Project Engineer's attention in writing within 20 days of the Contractor being aware of the issue. 2. The Contractor fails to continually (weekly or otherwise approved by both parties) work with CDOT towards a resolution. A dispute is an issue in which the Contractor and CDOT have not been able to resolve and of which the Contractor submits a written formal notice of dispute per section (b) below. A claim is a dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation. The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of compensation or time deserved. when a claim or dispute is found to have merit. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. Review of a pass -through dispute does not create privity of Contract between CDOT and the subcontractor. An audit may be performed by the Department for any dispute. Refer to subsection 105.24 for audit requirements. If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level. BID NO. 18000072 Page 276 of 828 December 7, 2017 2 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party, further relief shall be allowed. All written notices of dispute shall be submitted within 30 days of date of the Project Engineer's Final Acceptance letter; see subsection 105.21(b). When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance in accordance with subsection 105.21(a). This partial acceptance will be project acceptance of all the construction work performed prior to this partial acceptance. All disputes and claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer's partial acceptance. Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, in accordance with the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the preceding week. BID NO. 18000072 Page 277 of 828 December 7, 2017 3 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: 1. The date of the dispute. 2. The nature of the circumstances which caused the dispute. 3. A detailed explanation of the dispute citing specific provisions of the Contract and any basis, legal or factual, which support the dispute. 4. If any, the estimated quantum, calculated in accordance with methods set forth in subsection 105.24(b)12., with supporting documentation 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. This analysis shall meet the requirements of subsection 108.08(d). The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process, neither party shall provide or present to the DRB any issue or any information that was not contained in the Request for Equitable Adjustment and fully submitted in writing to the Project Engineer and Resident Engineer during the 105.22 process. (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the merits of the dispute. The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute is resolved. If BID NO. 18000072 Page 278 of 828 December 7, 2017 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven days, according to subsection 105.22(d). (d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and shall include a Contractor's representative with decision authority above the project level. If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23. 105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be established and operate as provided herein and shall serve as an independent and impartial board. A DRB member shall not be called as witness for future litigation. There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing DRB, when specified in the Contract, shall be established at the beginning of the project. (a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the period described in subsection 105.22(d). (b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures: 1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of pre -approved DRB candidates experienced in construction processes and the interpretation of contract documents and the resolution of construction disputes. Only individuals who have completed training (currently titled DRB Administration & Practice BID NO. 18000072 Page 279 of 828 December 7, 2017 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT can be a DRB member. DRB nominees shall be selected from the list of Pre -Approved candidates. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(l). 2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor and CDOT shall select the DRB member and execute the Three -Party Agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five with one being their first choice and five being their last choice. If common candidates are listed, but the parties cannot agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for having all parties execute the agreement. 3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved the three members will nominate one of them to be the Chair and execute the Three -Party Agreement within 45 days of initiating the DRB process. 4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair. The Contractor and CDOT shall submit their proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be approved before the Pre -Construction Conference. The third member shall be selected within 15 days of execution of the Contract. Prior to construction starting the parties shall execute the Three -Party Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. 5. DRB members shall not have been involved in the administration of the project under consideration. CDOT and the Contractor shall inform its selected DRB member who the major firms/people are on the project and request its selected DRB member to review the CDOT disclosure requirements and Canon of Ethics and then submit a disclosure statement which shall also be submitted to the other party. DRB candidates shall complete the DRB Disclosure Requirements & DRB Nominee Disclosure Form and disclose to the parties the following relationships: a. Prior employment with either party b. Prior or current financial interests or ties to either party c. Prior or current professional relationships with either party d. Anything else that might bring into question the impartiality or independence of the DRB member BID NO. 18000072 Page 280 of 828 December 7, 2017 6 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS e. Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB's they are serving or that they will be participating in another DRB. If either party objects to the selection of the chair or other DRB members based on the disclosures, or based on information not disclosed, which might bring into question the impartiality, independence, or performance of the potential member, that potential member shall not be placed on the Board. 6. There shall be no ex parte communications with the DRB at any time. a. The service of a Board member may be terminated only by written agreement of both parties. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within four weeks in the same manner as the Board member who was removed was originally selected. b. Additional Responsibilities of the Standing Disputes Review Board 1. General. No later than 10 days after the Three -Party Agreement has been signed by the Chief Engineer, the DRB will coordinate with the parties on the date and location of the initial DRB meeting. a) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members. b) Agree on the location of future meetings, which shall be reasonably close to the project site. c) Establish an address and telephone number for each Board member for the purposes of Board business. 2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department. 3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers necessary to keep it abreast of the project such as construction status, schedule, potential problems and solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department. 4. Advisory Opinions a) Advisory opinions are typically used soon after the parties find they have a potential dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the dispute. BID NO. 18000072 - Page 281 of 828 December 7, 2017 7 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing. b) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. c) The DRB shall issue a one -page written opinion within 5 days of the hearing. d) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed. Advisory opinions should be limited to merit issues only. c. Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the Project Engineer will: 1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties an On Demand DRB hearing will be held within 30 days after the Three -Party Agreement is signed by the CDOT Chief Engineer. Unless otherwise agreed to by both parties, a Standing DRB hearing will be held within 30 days after the DRB has been requested per subsection 105.23(a). 2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing. Pre -Hearing Submittal: All Pre -Hearing Submittals shall include only arguments, supporting documentation, quantum, and other information as previously submitted in writing and as previously disputed in the formal dispute process covered in subsection 105.22 (b), (c), and (d). All Pre -Hearing Submittals planned to be used at the hearing, shall be submitted to the other party 35 days prior to the hearing for review for compliance with this requirement. If either party contends there are new arguments, supporting documents, new quantum, or any new information in a pre -Hearing Submittal, and the other party objects to this information being presented to the DRB, the objecting party shall submit its objections in writing to the other party within 10 days. The parties shall meet within 5 days to reconcile the objection before the submittal is submitted to the DRB. If the parties cannot reconcile the objection, but the new argument, supporting documentation, new quantum, or new information does not change either party's position on merit or quantum, the information shall be allowed in the Pre -Hearing submittal and presented to the DRB. If the parties cannot reconcile the objections within the 5 days allowed, each party shall submit a one page brief on their objections, but not the actual information objected to, to the DRB for a decision on the use of the documents. The DRB shall not approve any information simply because it is relevant to the dispute or referenced during the dispute. Neither party shall attempt to present anything to the DRB which they did not present to the other party during the dispute process. The dispute process shall be delayed while this determination is being made and a new hearing date set, if necessary. Pre -Hearing Submittals to the DRB are as follows: BID NO. 18000072 Page 282 of 828 December 7, 2017 8 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 1. Joint Statement: At least 20 days prior to the hearing the Joint Statement(s) shall be submitted to the DRB. The parties shall make every attempt to agree upon a Joint Statement of the dispute. If the parties cannot agree on the Joint Statement, each party's independent statement shall be submitted to the DRB. The Joint Statement shall summarize, in a few sentences, the nature of the dispute(s) and the scope of the desired decision. 2. Position Paper: At least 15 days prior to the hearing, CDOT and the Contractor shall submit by email to the DRB Chairperson their party's Position Paper. The DRB Chairperson shall simultaneously distribute by email the Position Papers to all parties and other DRB members, if any. The position paper shall contain the following: a) The basis and justification for the party's position, with reference to specific contract language and the supporting documents of each element of the disputes. b) A list of proposed attendees for the hearing. In the event of any objection by a party, the DRB shall make a final determination as to who attends the hearing. c) When the scope of the hearing includes quantum, full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not be completed. 3. Supporting Documents; At least 15 days prior to the hearing, each party shall submit a copy of all its supporting documents to the DRB and the other party. Supporting documents include any presentations, visuals, or handouts planned to be used at the hearing. To minimize duplication and repetitiveness, the parties are encouraged to identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB at least 20 days prior to the hearing. Common documents are communications between parties, speed memos, change orders, schedules, request for equitable adjustment, and correspondence, and any document used in the Subsection 105.22 process. CDOT shall submit the common set of documents to the Board and Contractor. 4. If relevant to the dispute and requested by the Board, the Engineer shall provide to the DRB either website links, electronic pdfs, or hard copies of pertinent contract documents such as plans, specifications, and M&S Standards. d. Pre -Hearing Phone Conference: A pre -hearing phone conference with all Board members and the parties shall be conducted as soon as a hearing date is established, but no later than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information. (Ex. Each party makes a full presentation of their positions or presentations will be made on a "point by point" basis with each party making a presentation only on the individual dispute issue before moving onto the next issue.) If the pre -hearing position papers and documents have been received by the DRB prior to the conference call, the Chairperson shall discuss the estimated hours of review and activities for the disputes (such as time spent evaluating and preparing recommendation on specific issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board prior to the conference call, another conference call will BID NO. 18000072 Page 283 of 828 December 7, 2017 9 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS be scheduled during the initial conference call to discuss the estimated hours of review. The Engineer shall coordinate the conference call. e. Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson shall control the hearing and conduct it as follows: 1. An employee of CDOT presents a brief description of the project and the status of construction on the project. 2. The party that requested the DRB presents the dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. Rebuttals of the other party's arguments shall not be presented at this time. 3. The other party presents its position in detail as supported by previously submitted information and documentation. 4. The party that requested the DRB presents their rebuttals followed by the other party's rebuttals. 5. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the opportunity to exchange questions and answers. Questions from the parties shall be directed to the Chairperson. Attendees may respond only when board members request a response. 6. Employees of each party are responsible for leading presentations at the DRB hearing. 7. Attorneys shall not participate in the hearing unless the DRB specifically addresses an issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the hearing, provided their presence has been noted in the pre -hearing submittal. 8. Either party may use experts only if the expert has previously presented to the other party before the DRB process. A party intending to offer an outside expert's analysis at the hearing shall disclose such intention in the pre -hearing position paper. The expert's name and a general statement of the area of the dispute that will be covered by his presentation shall be included in the disclosure. The other party may present an outside expert to address or respond to those issues that may be raised by the disclosing party's outside expert. 9. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB. 10. If either party attempts to present an argument, documentation, quantum, or new information which the other party feels was not in the Pre -Hearing submittals, the chairperson shall require the party to demonstrate where in the Pre -Hearing submittal the information in question resides. 11. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted. 12. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance. BID NO. 18000072 Page 284 of 828 December 7, 2017 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS f. Dispute Review Board Recommendation. The DRB shall issue a Recommendation in accordance with the following procedures: 1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and review of the dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. At a minimum, the recommendation shall contain all the elements listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions listed at the end of subsection 105.24. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB, where one member dissents that member shall prepare a written dissent and sign it. 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. g. Clarification and Reconsideration of Recommendation. Either party may request in writing a clarification or reconsideration of a decision within ten days following receipt of the Recommendation. Within ten days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments which have not been made a part of the pre - hearing submittal other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per dispute from each party will be allowed. h. Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party and the DRB within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the dispute or pursue a formal claim in accordance with subsection 105.24. If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. BID NO. 18000072 Page 285 of 828 December 7, 2017 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS i. Admissibility of Recommendation. Recommendations of a DRB issued in accordance with subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the following paragraph: This Recommendation may be taken under consideration with the understanding that: 1. The DRB Recommendation was a proceeding based on presentations by the parties. 2. No fact or expert witnesses presented sworn testimony or were subject to cross-examination. 3. The parties to the DRB were not provided with the right to any discovery, such as production of documents or depositions. 4. There is no record of the DRB hearing other than the Recommendation. j. Cost and Payments. 1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the following to support the Board's operation: a) Copies of Contract and other relevant documentation b) Meeting space and facilities c) Secretarial Services d) Telephone e) Mail f) Reproduction g) Filing 2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on -site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time spent on -site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily and travel time rates shall be considered full compensation for on -site time, travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB members in review and research activities outside the official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB), has been specifically agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than the all-inclusive rate per day or rate per hour for an individual project. 3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work. BID NO. 18000072 Page 286 of 828 December 7, 2017 12 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS k. Dispute Review Board Three Party Agreement DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NO. THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department"; and , hereinafter called the "Contractor"; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the (Project Namel and WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. December 7, 2017 BID NO. 18000072 Page 287 of 828 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 COLORADO PROJECT NO. The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. BID NO. 18000072 Page 288 of 828 December 7, 2017 14 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DRB members shall not be called as witness for future litigation DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written above. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: TITLE: CHIEF ENGINEER Date: 105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both parties. This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more BID NO. 18000072 Page 289 of 828 December 7, 2017 15 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor in accordance with this subsection as a pass -through claim. Review of a pass -through claim does not create privity of Contract between CDOT and any other entity. Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their entirety. Merit -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City and County of Denver. Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted in accordance with this subsection. The cost of the non -binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that merit -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in accordance with subsection 105.23, the Contractor shall provide the Region Transportation Director with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of this subsection Region Transportation Director shall mean the Region Transportation Director or the Region Transportation Director's designated representative. CDOT will acknowledge in writing receipt of Notice of Intent within 7 days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor shall submit five copies of a complete claim package representing the final position the Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to CDOT. If requested by the Contractor the 60 -day period may be extended by the RTD in writing prior to final acceptance. As a minimum, the following information shall accompany each claim: 1. A claim certification containing the following language, as appropriate: a. For a direct claim by the Contractor: BID NO. 18000072 Page 290 of 828 December 7, 2017 16 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) (title) , of (company) , hereby certifies that the claim of $ for extra compensation and Days additional time, made herein for work on this contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of NOTARY PUBLIC My Commission Expires: b. For a pass -through claim: PASS -THROUGH CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, , (title) that the claim of , of (company) (name) , hereby certifies for extra compensation and Days additional time, made herein for work on this Project is true to the best of my knowledge and belief and supported under the contract between the parties. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of NOTARY PUBLIC My Commission Expires: Dated /s The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ Subscribed and sworn before me this day of NOTARY PUBLIC My Commission Expires: 2. A detailed factual statement of the claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the claim. The Contractor's detailed BID NO. 18000072 Page 291 of 828 December 7, 2017 17 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS factual statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not satisfied by simply incorporating into the claim package other documents that describe the basis of the claim and supporting factual evidence. 3. The date on which facts were discovered which gave rise to the claim. 4. The name, title, and activity of all known CDOT, Consultant, and other individuals who maybe knowledgeable about facts giving rise to such claim. 5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who may be knowledgeable about facts giving rise to such claim. 6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the claim. 7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the claim. 9. Copies of all known documents that support the claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required by subsection 108.08(d). 12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories: a. These categories represent the only costs that, if applicable, are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor (2) Costs for additional bond, insurance and tax (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead (only applies if the dispute also includes a time extension) (6) Salaried employees assigned to the project (only applies if the dispute includes a time extension or if the dispute required salaried employee(s) to be added to the Project.) (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims) (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim b. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.a.(8) above (2) Loss of Profit (3) Additional cost of labor inefficiencies in excess of that provided in A. above (4) Home office overhead in excess of that provided in A. above BID NO. 18000072 Page 292 of 828 December 7, 2017 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency (6) Indirect costs or expenses of any nature in excess of that provided in A. above (7) Attorney's fees, claim preparation fees, and expert fees c. Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt of the complete claim package, provided the Contractor allows the auditors reasonable and timely access to the Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall submit a copy of certified claim package directly to the CDOT Audit Unit at the following address: Division of Audit 4201 E. Arkansas Ave Denver, Co. 80222 d. Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in accordance with the following procedure. The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated claims will not be made. The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision. The RTD will assemble and maintain a claim record comprised of all information physically submitted by the Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a decision. Once the RTD assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. The RTD will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to render a written decision within the 60 day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief Engineer, as described in this subsection. If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of BID NO. 18000072 Page 293 of 828 December 7, 2017 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final. e. Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief Engineer. Within 15 days of the appeal either party may submit a written request for a hearing with the Chief Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters delegate will review the claim and render a decision to affirm, overrule, or modify the RTD decision in accordance with the following. The Contractor's written appeal to the Chief Engineer will be made a part of the claim record. The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief Engineer will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation. The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify the Chief Engineer of its acceptance or rejection in writing. If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an alternative dispute resolution process in accordance with this specification or (2) initiate litigation or merit binding arbitration in accordance with subsection 105.24(f). If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate either litigation or merit binding arbitration in accordance with subsection 105.24(f). For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding arbitration or De Novo litigation shall be brought within 180 -calendar days from the date of the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. f. De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or merit binding arbitration to finally resolve the claim that the Contractor submitted to CDOT, depending on which option was selected by the Contractor on Form 1378 which shall be submitted at the preconstruction conference. 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. BID NO. 18000072 Page 294 of 828 December 7, 2017 20 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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 the City and County of Denver, unless both parties agree to the use of arbitration. If the Contractor selected merit 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 binding 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 Denver District Court with regard to quantum only. AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24 REGULAR TRACK PROCEDURES R-1. Agreement of Parties (a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator. (b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate claims do not exceed $100,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties except for pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with the Fast Track Procedures. (c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all cases in which the disclosed aggregate claims of any party is at least $1,000,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $1,000,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L- 4 of these rules, in addition to any other portion of these rules that is not in conflict with the Procedures for Large, Complex Construction Disputes. (d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules. BID NO. 18000072 Page 295 of 828 December 7, 2017 21 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-2. Independent Arbitration Provider and Delegation of Duties When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third -party (Arbitration Provider) and arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its Denver office. R-3. Initiation of Arbitration Arbitration shall be initiated in the following manner. (a)The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration. (b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. (c)The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confirm its retention to the parties. R-4. Consolidation or Joinder If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder. If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate process for consolidation or joinder. All requests for consolidation or joinder must be submitted to the Arbitration Provider prior to the appointment of an arbitrator or within 90 days of the date the Arbitration Provider determined that all administrative filing requirements were satisfied, whichever is later. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. Requests for consolidation or joinder submitted beyond these timeframes shall not be permitted absent a determination by the Merits Arbitrator that good cause was shown for the late request. To request consolidation of arbitrations, the requesting party must have filed a demand for arbitration, including the applicable arbitration provision(s) from the parties' contract(s) and must provide a written request for consolidation which provides the supporting reasons for such request. To request joinder of parties, the requesting party must file with the AAA a written request to join parties to an existing arbitration which provides the names and contact information for such parties, names and contact information for the parties' representatives, if known, and supporting reasons for such request. R-5. Appointment of Arbitrator An arbitrator shall be appointed in the following manner: (a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send BID NO. 18000072 Page 296 of 828 December 7, 2017 22 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an arbitrator from the submitted list and to advise the ARBITRATION PROVIDER of their agreement. Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding. (b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (e) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-7. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R- 6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. (d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of arbitration. R-8. Disqualification of Arbitrator (a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for:(i) partiality or lack of independence, (ii) inability or refusal to perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification provided by applicable law. BID NO. 18000072 Page 297 of 828 December 7, 2017 23 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive. R-9. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. R-10. Vacancies (a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise. (c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings. R-11. Jurisdiction (a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. (b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. (c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. RuleR-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Pre -Hearing Exchange and Production of Information BID NO. 18000072 Page 298 of 828 December 7, 2017 24 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) Authority of arbitrator. The arbitrator shall manage any necessary exchange of information among the parties with a view to achieving an efficient and economical resolution of the dispute, while at the same time promoting equality of treatment and safeguarding each party's opportunity to fairly present its claims and defenses. (b) Documents. The arbitrator may, on application of a party or on the arbitrator's own initiative: i. require the parties to exchange documents in their possession or custody on which they intend to rely; ii. require the parties to update their exchanges of the documents on which they intend to rely as such documents become known to them; iii. require the parties, in response to reasonable document requests, to make available to the other party documents, in the responding party's possession or custody, not otherwise readily available to the party seeking the documents, reasonably believed by the party seeking the documents to exist and to be relevant and material to the outcome of disputed issues; and iv. require the parties, when documents to be exchanged or produced are maintained in electronic form, to make such documents available in the form most convenient and economical for the party in possession of such documents, unless the arbitrator determines that there is good cause for requiring the documents to be produced in a different form. The parties should attempt to agree in advance upon, and the arbitrator may determine, reasonable search parameters to balance the need for production of electronically stored documents relevant and material to the outcome of disputed issues against the cost of locating and producing them. (c) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: i. the production of documents and other information; ii. require the parties to update their exchanges of the documents on which they intend to rely as such documents become known to them; and/or iii. the identification of any witnesses to be called. (d) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. (e) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (f) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. R-15. Date, Time, and Place of Hearing (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary BID NO. 18000072 Page 299 of 828 December 7, 2017 25 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS with the arbitrator to determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. R-18. Oaths Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20. Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. R-22. Arbitration in the Absence of a Party or Representative Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award. R-23. Conduct of Proceedings (a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. (b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of BID NO. 18000072 Page 300 of 828 December 7, 2017 26 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS a claim or that may expedite the proceedings, and may also make preliminary rulings and enter interlocutory orders. (c) The parties may agree to waive oral hearings in any case. R-24. Evidence (a) The arbitrators shall consider all written information available in the claim record and all oral presentations in support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary. (b) The arbitrators shall not consider any written documents or arguments which have not previously been made a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client. (e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. R-25. Evidence by Affidavit and Post -Hearing Filing of Documents or Other Evidence (a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission. (b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence. R-26. Inspection or Investigation An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. R-27. Interim Measures (a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. BID NO. 18000072 Page 301 of 828 December 7, 2017 27 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. R-28. Closing of Hearing When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed. If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object. R-31. Extensions of Time The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The Arbitration Provider shall notify the parties of any extension. R-32. Serving of Notice (a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith, or for the entry of judgment on any award made under these rules, may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party. (b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules. (c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration. R-33. Majority Decision BID NO. 18000072 Page 302 of 828 December 7, 2017 28 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions; however, in a multi -arbitrator case, if all parties and all arbitrators agree, the chair of the panel may make procedural decisions. Where there is a panel of three arbitrators, absent an objection of a party or another member of the panel, the chairperson of the panel is authorized to resolve or delegate to another member of the panel to resolve any disputes related to the exchange of information or procedural matters without the need to consult the full panel. R-34. Time of Award The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. R-35. Form of Award After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two arbitrators. The arbitrator's decision shall include: (a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning the claim; (b) Decisions concerning the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected; (e) Detailed and supportable calculations which support any decisions. R-36. Scope of Award (a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract. (b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from such date as the arbitrator may deem appropriate. R-37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or computational errors in the award. The arbitrator is not empowered to re -determine the merits of any claim already decided. BID NO. 18000072 Page 303 of 828 December 7, 2017 29 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed. R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating to the arbitration. R-41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. R-42. Administrative Fees The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties. The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees. R-43. Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties. R-44. Neutral Arbitrator's Compensation Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation. If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the Arbitration Provider and confirmed to the parties. BID NO. 18000072 Page 304 of 828 December 7, 2017 30 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Such compensation shall be borne equally by the parties. R-45. Deposits The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. R-46. Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider. R-47. Suspension for Nonpayment If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone. F-4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. BID NO. 18000072 Page 305 of 828 December 7, 2017 31 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it. F-8. Date, Time, and Place of Hearing The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the hearing date. All hearings shall be held within the City and County of Denver. F-9. The Hearing (a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial day of hearing. (b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions above. F-10. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. F-11. Time Standards The arbitration shall be completed by settlement or award within 45 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it and such agreement is memorialized by the arbitrator prior to the expiration of the initial 45 -day period. BID NO. 18000072 Page 306 of 828 December 7, 2017 32 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS F-12. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office. PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES L-1. Large, Complex Construction Disputes The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or as agreed to by the parties. L-2. Administrative Conference Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative conference shall be conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may deem appropriate: (a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) To discuss the views of the parties about the technical and other qualifications of the arbitrators; (c) To obtain conflicts statements from the parties; and (d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might be appropriate. L-3. Arbitrators (a) Large, Complex Construction Cases shall be heard and determined by three arbitrators. (b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry Arbitration Rules. L-4. Preliminary Hearing As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather than in person. At the preliminary hearing, the matters to be considered shall include, without limitation: (a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of the arbitrator(s); (b) Stipulations to uncontested facts; (c) The extent to which discovery shall be conducted; (d) Exchange and premarking of those documents which each party believes may be offered at the hearing; BID NO. 18000072 Page 307 of 828 December 7, 2017 33 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced; (g) The extent to which hearings will proceed on consecutive days; (h) Whether a stenographic or other official record of the proceedings shall be maintained; (i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and (j) The procedure for the issuance of subpoenas. By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. (b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost-effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. (e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the hearing unless the arbitrator(s) determine otherwise. (f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s), shall be included within the Scheduling and Procedure Order. (g) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (h) Generally, hearings will be scheduled on consecutive days or in blocks of consecutive days in order to maximize efficiency and minimize costs. The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24. BID NO. 18000072 Page 308 of 828 December 7, 2017 34 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 105.22 Project Issue — Verbal discussions between Proj. Eng. and Supt. Impasse Contractor provides written notice of dispute to Project Engineer ir 15 Days -- 105.22 (b) Contractor provides written REA including the following: (I) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption. if any I5 Days - 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute PE denies merit of dispute Contractor rejects PE's denial. Contractor provides written notice to RE. 7 days 105.22 (d) 7 days - 105.22 (c) PE determines dispute has merit 4,7days -105.22(c) Contractor accepts denial. Dispute is resolved. Disagree on quantum Merit granted .._ Quantum negotiations 30 Days - 105.22 (c) • 1 Proj Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute 30i 45 days DRB agreement signed I� (1S.?3(b) Up to 30 days — 105.22 (d) 105.23(a) Proj Eng initiates DRB process 20 days 105.23 (d) Prehearing Submittal I5 days 10523 (e) DRB Hearing 30 days . 105.23 (g) DRB renders a recommendation J 1 _ 10 days -- 105.23 (hl Request for Clarification and Reconsideration 14 days — 105.23 (i) • Adjustment of paymentischedule in consultation with Program Engineer - Dispute is resolved Ill 5 Days _ 105.23 (a) Either party rejects DRB recommendation • Dispute is unresolved DRB recommendation is accepted • Figure 105-1 continued on next page BID NO. 18000072 Page 309 of 828 December 7, 2017 35 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 (continued) Either party rejects DRB recommendation 30 days - 105?4 (a) • 105.24 Notice of intent to file a claim 60 days — 105.24 (b) Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days 105.24 (d) RID renders a decision 30 days -- 10524 Id) Contractor rejects and appeals RTD decision to CE Contractor accepts decision 60 days - 105,24 (e) 30 days - 105.24 (e),I, IS days' ► 105.24 (e) Contractor rejects CE decision Request for hearing l Contractor accepts CE decision Optional Mediation 4, Dispute is unresolved Contractor initiates Dispute is resolved 1 Resolution is implemented Adjustment of payment schedule in consultation with Program Engineer - Dispute is resolved A Decision is implemented Chief Engineer renders decision 45 days - 0c.24 (e) Decision is implemented I 4 - Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation 1 Court Decision Binding Arbitration Arbitrator( s) render recommendation 1 Appeal process only for damages END OF SECTION BID NO. 18000072 Page 310 of 828 July 3, 2017 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.01 delete the fourth and 5th paragraphs and replace with the following: Prior to beginning any work on the project, the Contractor shall submit to the Engineer a completed Form 1425, Supplier List documenting all companies providing $10,000 or more of supplies or materials directly to the Contractor for the project. This list shall not include companies also responsible for the installation of the supplies or materials. During the performance of the project, the Contractor shall submit an updated Form 1425 if one or more of these companies change. The Contractor shall require each subcontractor to submit a Form 1425 listing all companies providing $10,000 or more of supplies or materials to the subcontractor. The Contractor shall submit the subcontractor's Form 1425 with Form 205. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. END OF SECTION BID NO. 18000072 Page 311 of 828 July 3, 2017 1 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(e) and replace with the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Local Public Agency (LPA). For the purpose of this section only, work shall be considered satisfactorily complete when the LPA has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor until the required payments have been made. The Engineer will continue to authorize progress payments for work performed by compliant subcontractors. Delete subsection 109.06(f)5 and replace with the following: 5. In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the LPA or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. Delete subsection 109.06(08 and replace with the following: 7. 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: BID NO. 18000072 Page 312 of 828 July 3, 2017 2 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) 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 CDOT to withhold subsequent payments or retainage from the Contractor. END OF SECTION BID NO. 18000072 Page 313 of 828 July 20, 2017 1 REVISION OF SECTION 206 SHORING Section 206 of the Standard Specifications is hereby revised for this project as follows: Delete subsections 206.08, 206.09, 206.10, and 206.11 and replace with the following: DESCRIPTION 206.08 This work consists of shoring specific areas designated in the Contract. MATERIALS AND CONSTRUCTION REQUIREMENTS 206.09 The Contractor shall locate, size, design, and construct shoring which provides all necessary rigidity, and supports the loads imposed to facilitate construction as shown on the plans. Shoring used to facilitate construction is considered temporary and shall have a design life 1-1/2 times the expected construction service life, with a maximum design life of 3 years. When the height of shoring exceeds 5 feet above the base of the excavation, the Contractor shall submit working drawings in accordance with subsection 105.02. The drawings shall be submitted to the Engineer for information only. The drawings shall be signed and sealed by the Contractor's Engineer. The Contractor shall design for internal and external stability of temporary shoring such as but not limited to bearing capacity, settlement, sliding, overturning, internal compound stability, and global stability. All proof and verification testing of the shoring elements shall be the responsibility of the Contractor and results shall be reported to the Engineer the day after the testing was performed. All proof and verification testing of the shoring elements shall be the responsibility of the Contractor. For soil nail walls, a minimum of one proof test shall be performed in accordance with the Revision of Section 504, Soil Nail Wall, and test results shall be reported to the Engineer the day after the testing was performed. The Contractor shall conduct additional proof and verification testing at the Engineer's request. Sufficient corrosion protection shall be provided in consideration of the temporary shoring design life and is the responsibility of the Contractor. Temporary shoring shall be designed for actual construction - related loads, such as phasing, stockpiles, and operation of large cranes or other large equipment near the area of the shoring. These drawings shall be signed by the Contractor, and provided to the Engineer at least ten days prior to start of work. Shoring construction shall conform with the shoring drawings provided to the Engineer. The Contractor shall conduct any necessary site -specific evaluation necessary to ensure shoring design, construction and performance. The Contractor shall have performed and documented an independent review of their shoring design and drawings at designated areas prior to submittal. The independent review shall be stamped and sealed by a Professional Engineer licensed in the State of Colorado. The shoring plans shall detail the methods to control site drainage during the life of the shoring. The Contractor shall actively control drainage and surface runoff during the duration of construction to direct run off away from the shoring areas above and behind the shoring. A shoring site drainage quality control plan shall be included as part of the Contractor's Engineer's shoring plans and shall be part of BID NO. 18000072 Page 314 of 828 July 20, 2017 2 REVISION OF SECTION 206 SHORING the submittal to the Engineer. The plan shall include measures to prevent ponding water near the shoring area and maintenance of drainage to convey water away from and around the shoring excavation vicinity. If the embankment, construction, traffic, or any other surcharge is in excess of what the original shoring was designed for and is to be placed adjacent to the shoring, the Contractor shall provide a signed letter from the Contractor's Engineer prior to the load placement stating that the shoring will support the additional load. Shoring shall be designed and constructed in accordance with the requirements listed in this specification along with requirements in current AASHSTO and FHWA design manuals including, but not limited to: (1) AASHTO Construction Handbook for Bridge Temporary Works including Division I (2) Section 5 of the AASHTO Standard Specifications for Highway Bridges for allowable stress or load factor design, or (3) AASHTO LRFD Bridge Design Specifications including current interims for load and resistance factor design. If a shoring type is to be used that is not detailed in these three documents, the shoring type design method will need to be submitted to the Engineer. The Contractor's Engineer shall be on -site and perform construction inspection of the shoring during the first two days of active shoring construction, during any shoring element verification testing, and at the completion of shoring construction. Shoring drawings shall include the following information: (1) The size and grade of all structural materials (2) Design notes, including design assumptions, including loading, and construction details (3) Detailed plans for managing and maintaining shoring surface and subsurface drainage conditions for the project duration (4) Where applicable, restrictions on heavy equipment placement at specific locations adjacent to the shoring (5) Areas determined by the Contractor's Engineer where dewatering of the shored excavation will be required, and a description of the requirements (i.e., head added by the pump, flow rate, minimum pump size, etc.) and methods to be used for dewatering. (6) All other information determined by the Contractor's Engineer to be pertinent to the design and successful construction of the shoring. In addition, drawings for temporary shoring that requires structural designs shall include the following information: (1) Individual site -specific geotechnical properties for each shoring location based on the plan, review of the Geotechnical Report in accordance to subsection 102.05, or from a geotechnical evaluation performed by the Contractor at their own expense. (2) Global stability analysis showing that the shoring will be stable under the loads placed on it and construction conditions encountered during construction. The Contractor's Engineer may assign an onsite representative, to perform construction field oversight, by submitting documentation of experience to the Engineer 10 days prior to starting shoring construction for review and the Engineer's acceptance. Prior to placing construction or traffic loads on or immediately BID NO. 18000072 Page 315 of 828 July 20, 2017 3 REVISION OF SECTION 206 SHORING adjacent to the supported earth, the Contractor's Engineer for the shoring shall certify in a stamped and signed letter that shoring materials and construction have been inspected and that all shoring, materials, and construction are in conformity with the shoring drawings. A copy of this certification shall be submitted to the Engineer. METHOD OF MEASUREMENT 206.10 Shoring will not be measured, but will be paid for as a single lump sum for each Area described on the plans. Incidental shoring work or shoring in locations other than those described on the plans will be as determined by the Contractor and will not be measured and paid for separately, but shall be included in the work. BASIS OF PAYMENT 206.11 The accepted quantities of shoring measured as provided above will be paid for at the contract unit price bid. Payment will be made under: Pay Item Pay Unit Shoring (Area ) Lump Sum Payment for shoring will be full compensation for all labor, materials, and equipment required to design, construct, test, maintain, and dewatering. Removal of the shoring shall include removal of all shoring elements. The removal area shall be specified in the plans. Removal of shoring will not be measured and paid for separately, but shall be included in the work. The Department will pay for additional proof and verification testing, as requested by the Engineer, in accordance with subsection 109.04. Other incidental shoring that is not included as a pay item will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO. 18000072 Page 316 of 828 December 28, 2017 1 REVISION OF SECTIONS 206 AND 703 STRUCTURE BACKFILL (FLOW -FILL) Sections 206 and 703 of the Standard Specifications are hereby revised for this project as follows: Subsection 206.02 (a) 1 shall include the following: The Contractor may also substitute Structure Backfill (Class 3) as backfill for culverts and sewer pipes. In subsection 206.02(a) 2, first paragraph, delete the last sentence and replace with the following: Flash fill is a rapid setting Flow -Fill that may be used when approved by the Engineer and will be tested, accepted, and paid for as Flow -Fill. Subsection 206.02(a) 2 shall include the following as the last paragraph: The Contractor shall submit a Process Control (PC) Plan with the mix design to the Engineer. The PC plan shall address the batching, mixing, testing and placement of the structure backfill (Flow -Fill). In subsection 206.03 delete the 17t'' paragraph and replace with the following: When Flash Fill is used, it shall be batched with a volumetric mixing truck. Volumetric mixing trucks used to produce Flow -Fill and Flash Fill shall have a computer batching system, capable of producing the approved mix design and printing tickets. For Flash Fill, the batch weights of cement and/or fly ash per cubic yard shall be within 2 percent of the mix design batch weights and the batch weight of water per cubic yard shall be within 2 percent of the mix design batch weight. Prior to the placement of structure backfill (Flow -Fill), the Contractor shall sample the structure backfill (Flow -Fill) in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow -Fill) unit weight in accordance with ASTM D6023. For Flash Fill, the measured unit weight shall be within 5.0 percent or 5.0 pounds per cubic foot, whichever is larger, of the approved mix design unit weight. The Contractor shall test the structure backfill (Flow -Fill) for slump in accordance with ASTM C143 or flow consistency according to ASTM D6103. Subsection 703.08 shall include the following: (c) Class 3 structure backfill shall be a sandy gravel and meet the following gradation: Mass Percent Passing Sieve Size Square Mesh Sieves 9.5mm (3/8") 4.75mm (#4) 0.075mm (#200) 90 to 100 45 to 80 5 to 12 END OF SECTION BID NO. 18000072 Page 317 of 828 July 3, 2017 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.03(c) delete the first paragraph and replace it with the following: Erosion Control Management (ECM). Erosion Control Management for this project shall consist of Erosion Control Inspection and the SWMP Administration. 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 Department. 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 involving less than 40 acres of disturbed area. In subsection 208.03(c)1 delete the first paragraph and replace it with the following: SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. In the case of a project requiring only one TECS, the SWMP Administrator may also be the ECI for the project. 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: In subsection 208.03(c)2 delete the first paragraph and replace It with the following: 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. In subsection 208.03(d)1 delete item (1) and replace it with the following: (1) SWMP Site Maps and Plan Title Sheet - Construction site boundaries, ground surface disturbance, limits of cut and fill, flow arrows, structural BMPs, non-structural BMPs, Springs, Streams, Wetlands and surface water. Also included on the sheets is the protection of trees, shrubs and cultural resources. In subsection 208.05(n), in the list of requirements for pre -fabricated concrete washout structures, delete item (2) and replace it with the following: (2) Structure 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 are as defined in the Contract. Locations shall be as approved by the Engineer. The site shall be signed as "Concrete Washout". In subsection 208.11 delete the first paragraph and replace it with the following: 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 BID NO. 18000072 Page 318 of 828 July 3, 2017 2 REVISION OF SECTION 208 EROSION CONTROL Administration, and the preparation of the SWMP notebook. If the combined hours of SWMP Administration and Erosion Control Inspection is four hours or less in a day, the work will be measured as 1/2 day. If the combined hours of SWMP Administration and Erosion Control Inspection is more than four hours in a day, the work will be measured as one day. Total combined hours of ECM work exceeding eight hours in a day will still be paid as one day. END OF SECTION BID NO. 18000072 Page 319 of 828 July 3, 2017 1 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: In subsection 250.03 delete the second paragraph and replace with the following: This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Regulated Asbestos -Contaminated Soil Management Standard Operating Procedure, dated October 18, 2016 for proper handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. In subsection 250.03(a) delete the second paragraph and replace with the following: When regulated asbestos contaminated soil (RACS) is present or is suspected to be present on or near a project, the HSO shall have knowledge of RACS regulations. The HSO shall meet the minimum training and medical surveillance requirements established by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above requirements have been met. Certification as an Asbestos Building Inspector in accordance with subsection 250.03 (b) is recommended. In subsection 250.03(b) delete the first and second paragraphs and replace with the following: The Contractor shall designate a monitoring technician to be responsible for monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years of actual field experience in assessment and remediation of hazardous substances that may be encountered during highway construction projects. When asbestos is present or is suspected to be present on or near a project, the MT shall have additional 40 hours experience in RACS project management and certification as an Asbestos Building Inspector in accordance with the Colorado Air Quality Control Commission Regulation No. 8 Part B. The MT shall be experienced in the operation of monitoring devices, identifying substances based upon experience and observation, and field sampling (for testing) of all media that may be found on the site. Completion of the 40 -hour hazardous waste and 8 -hour supervisory training required by OSHA and U.S. EPA rules and regulations which complies with the accreditation criteria under the provisions of the proposed 29 CFR 1910.121 is required prior to beginning work. The Contractor shall furnish documentation at the Preconstruction Conference that demonstrates these requirements have been met. The MT shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d) 2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. BID NO. 18000072 Page 320 of 828 July 3, 2017 2 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. Delete subsection 250.07 and replace with the following: 250.07 Regulated Asbestos Contaminated Soils (RACS) Management. Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with RACS during excavation and other soil disturbing construction activities. Unexpected discoveries of RACS may occur during excavation and soil disturbing construction activities. RACS shall be properly managed or remediated, in accordance with subsection 250.07(a). All asbestos related activities shall be performed by CDPHE certified asbestos professionals, contractors, or consultants. Certifications are issued by the CDPHE, Indoor Air Quality Unit. A Colorado Certified Asbestos Building Inspector shall manage the assessment and disposal of RACS and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The Contactor shall furnish a copy of the certification to the Engineer. (a) Regulatory Compliance. RACS management is governed by 6 CCR 1007-2, Section 5.5, which includes and references regulatory compliance with Colorado Air Quality Control Commission Regulation No. 8 Part B -Asbestos. Colorado Regulation No. 8 governs all asbestos activities, demolition, permitting, and certification of Certified Asbestos Professionals in the State of Colorado. The Contractor shall conform to all current regulations, policy directives, or both, issued by the CDPHE, and the Department. (b) Asbestos Management and Visual Inspections Asbestos management shall be performed by a CDPHE certified asbestos building inspector. All inspections of the area of asbestos contaminated soil removal shall be performed by a CDPHE certified Asbestos Building Inspector to determine what, if any, controls must be instituted to allow future activity in the excavation area. (c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known, suspected, or discovered. A 24 -hour notification to CDPHE is required after any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential RACS. Removal of asbestos -containing material on a facility component, that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels shall be permitted and abated in accordance with the requirements of Colorado Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B): (1) 260 linear feet on pipes, (2) 160 square feet on other surfaces, or (3) The volume of a 55 -gallon drum. All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. A CDPHE certified General Abatement Contractor shall obtain all required State and local permits and shall be responsible for all associated fees. Permit application, notification, and waiver request forms shall be submitted to: BID NO. 18000072 Page 321 of 828 July 3, 2017 3 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3100 Fax: (303) 782-0278 Application and waiver forms are available on the CDPHE website: asbestosastate.co.us (d) CDOT's Regulated Asbestos -Contaminated Soil Management Standard Operating Procedure, dated October 18, 2016. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Part 1, Section 5.5, Management of RACS. Regulations apply only upon unexpected discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The Contractor shall comply with procedures detailed in the CDPHE's Management of Regulated Asbestos Contaminated Soil Regulation and CDOT's CDPHE approved Regulated Asbestos - Contaminated Soil Management Standard Operating Procedure, dated October 18, 2016, including the following minimum requirements: (1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization. (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a CDPHE Certified Asbestos Building Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a CDPHE Certified Asbestos Building Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a CDPHE Certified Asbestos Building Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. (7) Submit CDPHE 24 -hour Notification form for unexpected RACS discovery included in Attachment 1 of the CDOT Regulated Asbestos -Contaminated Soil Management Standard Operating Procedure. (8) Submit CDPHE 10 -day Notification form for planned RACS management included in Attachment 1 of the CDOT Regulated Asbestos -Contaminated Soil Management Standard Operating Procedure. (e) Risk Assessment and Determinations for Further Management or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan. END OF SECTION BID NO. 18000072 Page 322 of 828 July 3, 2017 1 REVISION OF SECTION 502 EXTENSIONS AND SPLICES Section 502 of the Standard Specifications is hereby revised as follows: Delete subsection 502.08 and replace with the following: 502.08 Extensions and Splices. There will not be a limit placed on the number of splices allowed for steel piles; however, payment will be limited to two splices per pile. Commercial splices may be used if approved by the Engineer. Full length piles shall be used unless otherwise approved. All welded splices shall be made by using a prequalified joint design in accordance with AWS D1.1. The CJP design shall include beam copes (weld access holes) through the web of the pile at the junctures with the flanges. Copes shall be made in accordance with AWS D1.1, Section 5.17. If backing is used it shall be in accordance with AWS D1.1, removal of the backing after welding is not required. Personnel performing quality assurance (QA) and process control (PC) welding inspection shall be qualified as a certified welding inspector (CWI) in accordance with AWS D1.1, Chapter 6. All welded pile splices shall be made in accordance with a written Welding Procedure Specification (WPS), as submitted by the Contractor. The WPS shall be reviewed, and approved by the Contractor's CWI, prior to welding any piling splices on the project. The WPS shall list all essential variables of the process in accordance with AWS D1.1. The WPS shall be available for review during welding operations. All welded splices shall be made with low hydrogen electrodes. The Contractor shall adhere to the low hydrogen practice for electrodes in accordance with AWS D1.1. All cuts at splices shall be made normal to the longitudinal axis of the pile. The cut-off portion may be driven to start the next pile or it may be welded to previously driven piles to provide the necessary extension length. All welders shall be currently qualified in accordance with AWS D1.1. Welder qualifications shall be approved by the Contractor's CWI prior to the start of welding. The Contractor shall provide an AWS Certified Welding Inspector (CWI) on the project site for PC. The CWI shall inspect all production stages of the welded splice, including assembly of the splice joint, during welding, and after welding to ensure that workmanship and materials meet the requirements of the contract documents. Prior to CDOT acceptance, the CWI shall submit documentation that all material and workmanship is in accordance with the Contract. The CWI shall keep a record of all findings, which shall be available to the Engineer at any time. The first two CJP welded splices shall be ultrasonically tested (UT) for acceptance in accordance with Table 6.3 of AWS D1.1. If both of the UT tested CJP splices are determined to be acceptable, no further UT testing of CJP splices will be required. If either of the first two UT tested CJP splices are not acceptable, UT testing of CJP splices shall continue until two consecutive tests are acceptable. BID NO. 18000072 Page 323 of 828 July 3, 2017 2 REVISION OF SECTION 502 EXTENSIONS AND SPLICES Personnel performing UT testing of CJP splices shall be qualified in accordance with the current edition of the American Society for Nondestructive Testing Practice No. SNT-TC-1A. Individuals who perform nondestructive testing shall be qualified for NDT Level II. In subsection 502.12, delete the fifth paragraph and replace with the following: Partial Joint Penetration (PJP) welded splices for piles, when specified in the plans, will be measured as the additional length of pile, each splice considered as 3 linear feet. CJP welded splices, when specified in the plans, will be the actual number completed and accepted. Subsection 502.13 shall include the following: Pay Item Complete Joint Penetration (CJP) Splice Pay Unit Each All costs for providing Certified Welding Inspector (CWI) services for Partial Joint Penetration (PJP) welded splices will not be measured and paid for separately, but shall be included in the additional measured length of pile in accordancewith subsection 502.12. Payment for completing the CJP splices shall include the CJP splice, Ultrasonic Testing, Certified Welding Inspector (CWI) services and all required documentation. BID NO. 18000072 Page 324 of 828 COLORADO DEPARTMENT OF TRANSPORTATION EM-BR53-58A BRIDGE REPLACEMENT PROJECT PROJECT SPECIAL PROVISIONS Date Pages Revision of Section 107 — Worker Safety (January 16, 2018) 313 Revision of Section 240 — Protection of Migratory Birds (January 16, 2018) 314-316 Revision of Section 506 — Riprap (January 16, 2018) 317-318 Revision of Section 507 — Slope and Ditch Paving (Grouted Riprap) (January 16, 2018) 319 Revision of Section 606 — Guardrail (January 16, 2018) 320 Revision of Section 615 — Water Control Devices (January 16, 2018) 321 Revision of Section 630- Construction Zone Traffic Control (January 16, 2018) 322-323 Revision of Section 632 — Night Work Lighting (July 3, 2017) 324-326 General 404 Permit (July 3, 2017) 327-330 BID NO. 18000072 Page 325 of 828 1 REVISION OF SECTION 107 WORKER SAFETY Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 shall include the following: The Contractor shall comply with all Local Agency(s) noise ordinances and/or other restrictions applicable to nighttime construction activities for projects within the local municipal coverage areas. Projects falling within unincorporated areas of a County will be governed by County Code. The Contractor shall coordinate with the Local Agency(s) and/or CDOT for all necessary noise exemptions or notices, noise permit variances, and approvals to do night work as required. If Local Agency nighttime noise restrictions do not exist and there are noise sensitive receptors in the project area, the approvals to do nighttime work shall be approved through the CDOT engineer. Standard noise controls and best management practices for reducing equipment and construction activity noise levels shall be utilized in all cases and will be the responsibility of the contractor to consistently employ when working in noise sensitive areas after 9 p.m. For this project, the Contractor is required to review and understand all local agency ordinances with project applicable night restrictions. When conditions apply, the contractor shall submit a nighttime noise ordinance memorandum(s) to all jurisdictional and local authorities. This memorandum shall request construction noise exemptions for night work operations (at least two weeks prior to the proposed night work start date) where construction work is scheduled between the hours of 9:00 p.m. and 7:00 a.m. The following information should be included in the exemption request submittals and sent to the City/County Engineer: (1) Requesting entity, (2) Contact person and phone number, (3) Location of the work, (4) Reasons night work is being requested, (5) Type of activities proposed to occur at night, (6) Equipment proposed to be used at night, (7) Start and end date proposed, (8) Total number of nights work is proposed to occur. All nighttime construction activities subject to noise level restrictions cannot begin until the necessary documentation and notifications have been approved by the Weld County Project Manager. All exemption requests and permitting requirements will not be paid for separately, but will be included in the work. If the Contractor is ordered to cease operations due to violations of a noise ordinance as a result of equipment back up alarms, the Contractor shall take whatever actions are necessary to comply with the ordinance and continue work on the project. This includes the option of using an observer in lieu of using the equipment's back up alarms as allowed by 29 CFR 1926.601(b) (4) (II) of the OSHA Safety and Health Standards. Should the Contractor fail to mitigate the noise ordinance violation, the Contractor shall be deemed to have waived any right to a claim as a result of work suspension or being required to perform the work at times not specified in the Contract. If the Contractor uses an observer in lieu of back up alarms, the Contractor shall follow all of the OSHA requirements regarding the use of observers. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. END OF SECTION REVISION BID NO. 18000072 Page 326 of 828 1 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST Section 240 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 240.01 This work consists of protecting migratory birds during construction. MATERIALS AND CONSTRUCTION REQUIREMENTS 240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking (pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall retain a qualified wildlife biologist for this project. The wildlife biologist shall have a minimum of three years' experience conducting migratory bird surveys and implementing the requirements of the MBTA. The Contractor shall submit documentation of the biologist's education and experience to the Engineer for acceptance. A biologist with less experience may be used by the Contractor subject to the approval of the Engineer based on review of the biologist's qualifications. The wildlife biologist shall record the location of each protected nest, bird species, the protection method used, and the date installed. A copy of these records shall be submitted to the Engineer. (a) Vegetation Removal. When possible, vegetation shall be cleared prior to the time when active nests are present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 shall first be surveyed within the work limits for active migratory bird nests. The Contractor's wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work limits. Contractor personnel shall enter areas outside CDOT right of way only if a written, signed document granting permission to enter the property has been obtained from the property owner. The Contractor shall document all denials of permission to enter property. The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the biologist until all nests within that area have become inactive. Inactive nest removal and other necessary measures shall be incorporated into the work as follows: 1. Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August 31, a survey for active nests shall be conducted by the wildlife biologist within the seven days immediately prior to the beginning of work in each area of tree and shrub removal or trimming. The survey shall be conducted for each phase of tree and shrub removal or trimming. If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension may be changed if determined appropriate by the wildlife biologist and approved by the Engineer. Work shall not proceed within the fenced buffer area until the young have fledged or the nests have become inactive. BID NO. 18000072 Page 327 of 828 2 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges, but will be charged as contract time. 2. Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds' habitat, if work occurs between April 1 and August 31, the area shall be surveyed by a wildlife biologist within the seven days immediately prior to ground disturbing activities. The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing until August 31 or until the end of ground disturbance work, whichever comes first. If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges, but will be charged as contract time. (b) Work on structures. The Contractor shall prosecute work on structures in a manner that does not result in a taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he takes the following actions: 1. The Contractor shall remove existing nests prior to April 1. If the Contract is not awarded prior to April 1 and CDOT has removed existing nests, then the monitoring of nest building shall become the Contractor's responsibility upon Notice to Proceed. 2. During the time that the birds are trying to build or occupy their nests, between April 1 and August 31, the Contractor shall monitor the structures at least once every three days for any nesting activity. 3. If the birds have started to build any nests, they shall be removed before the nest is completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters. 4. Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired or replaced as needed. Netting shall consist of a mesh with openings that are 3/4 inch by 3/ inch or less. If an active nest become established, i.e., there are eggs or young in the nest, all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied as determined by the wildlife biologist and approved by the Engineer. The Contractor shall prevent construction activity from displacing birds after they have laid their eggs and before the young have fledged. BID NO. 18000072 Page 328 of 828 3 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, the Contractor shall remove and properly dispose of netting used on the structure. (c) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service . (USFWS) for the taking of a migratory bird. METHOD OF MEASUREMENT 240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife biologist is on site performing the required tasks. Removal of nests will be measured by the actual number of man-hours spent removing inactive nests just prior to and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to the Engineer each week for approval a list of the workers who removed nests and the number of hours each one spent removing nests. Netting will be measured by the square yard of material placed to keep birds from nesting on the structure. Square yards will be calculated using the length of netting measured where it is attached to the ground and the average height of the netting where it is attached to the structure. BASIS OF PAYMENT 240.04 The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item iWildlife Biologist. Removal of Nests INetting • Square Yard Pay Unit Hour Hour • Payment for Wildlife Biologist will be full compensation for all work and materials required to complete the item, including wildlife biologist, wildlife survey, and documentation (record of nest location and protection method) • Payment for Removal of Nests will be full compensation for all work and material required to complete the work. • Payment for netting will be full compensation for all work and material required to complete the item. Overlaps of netting will not be measured and paid for separately, but shall be included in the work. Maintenance and replacement, removal, and disposal of netting will not be measured and paid for separately, but shall be included in the work. • Clearing and grubbing will be measured and paid for in accordance with Section 201. Mowing will not be measured and paid for separately, but shall be included in the work. • Removal and trimming of trees will be measured and paid for in accordance with Section 202. • Fence (Plastic) will be measured and paid for in accordance with Section 607. END OF SECTION BID NO. 18000072 Page 329 of 828 1 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Special Provision is hereby revised for this project as follows: Section 506.01 shall include the following: Soil riprap shall be placed above the ordinary high-water line along the bridge embankment and in other locations with riprap lined channels and outlet protection slopes, as specified on the plans and shown in the details. Section 506.02 shall include the following: Soil riprap shall be a uniform mixture of sixty-five percent riprap and thirty-five percent topsoil. Soil riprap shall consist of a uniform mixture of soil and riprap without voids. Rock requirements are to comply with riprap as specified. Soil riprap shall be mixed or processed prior to placement to the lines and grades shown in the drawings. Rock requirements for grouted are to comply with riprap as specified. Concrete mortar for grouted riprap shall meet the requirements of Section 601 and the following: Field Compressive Strength (28 days) (Not a specification requirement) 2000 psi Minimum Cement Content 560 lbs./cu. yd. Air Content - 6-9% Slump, AASHTO Designation 1-119 5-9 inches Fine Aggregate, AASHTO M-6 65-75% Coarse Aggregate, AASHTO M-43 3/8" nominal` maximum size Polypropylene Fibers (1" fiber length or equivalent) 1.5 lbs./cu. yd. Section 506.03 shall include the following: Following acceptable placement of granular bedding and geotextile, soil riprap placement shall commence as follows: (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) With prior approval of ENGINEER, layering the riprap and soil instead of premixing may be allowed if the native soil is granular. (4) 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. Create a smooth plane as indicated, but projections above or depressions under the finished design grade by more than ten percent (10%) of the rock layer thickness shall not be allowed. (5) The mixture shall be consolidated by large vibratory equipment or backhoe bucket to create a tight, dense interlocking mass. (6) The soil shall be further wetted to encourage void filling with soil. (7) Any large voids shall be filled with rock and small voids filled with soil. BID NO. 18000072 Page 330 of 828 2 REVISION OF SECTION 506 RIPRAP (8) Excessively thick zones of soil prone to washing away shall not be created (for example, no thicknesses greater than six (6) inches). (9) For buried soil riprap, the top surface shall be covered with four (4) inches of topsoil such that no rock points are protruding. (1o)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. Following acceptable placement of rock, granular bedding and geotextile, the placement of concrete mortar in conformance with subsection 601.12 with the following exception for grouted riprap placement shall commence as follows: (I) All concrete mortar shall be delivered by means of a low pressure (less than 10 psi) grout pump using a 2 -inch diameter nozzle. (2) Full depth penetration of the concrete mortar into the riprap shall be required. To achieve this, a pencil vibrator shall be used. (3) The top 6 inches of the rock layer shall be left exposed. (4) After placement, all exposed rocks shall be cleaned with a wet broom. (5) All concrete mortar between rocks shall be finished with a broom finish. (6) All concrete mortar shall be sprayed with a clear liquid membrane curing compound as specified in subsection 601.13(b). (7) Cold weather curing shall be in accordance with subsection 601.13(d). Section 506.04 shall include the following: Pay Item Soil Riprap (_ Inch) Pay Unit CY Soil riprap will be measured by the actual number of cubic yards installed and accepted. Section 506.05 shall include the following: The topsoil and any additional labor required for areas with soil riprap will not be measured and paid for separately, but shall be included in the cost of the Riprap. END OF SECTION BID NO. 18000072 Page 331 of 828 1 REVISION OF SECTION 507 SLOPE AND DITCH PAVING (GROUTED RIPRAP) 507 of the Standard Specifications is hereby revised for this project as follows: In subsection 507.11 (6), the specification shall be updated as follows: Weep holes constructed of 1'/ inch or 2 inch PVC pipe shall be installed. The PVC pipe shall be cut flush with the surrounding grout. To alleviate plugging, the PVC pipe shall be pushed into the bedding, or if bedding is not required, under the rock layer. The PVC pipe shall be wrapped in a coarse geotextile fabric filled with 1'/ inch rock. END OF SECTION BID NO. 18000072 Page 332 of 828 1 REVISION OF SECTION 606 GUARDRAIL Subsection 606.06 shall include the following: Pay Item Midwest Guardrail System (MGS) Type 3 W -Beam 31 Inches END OF SECTION Pay Unit Linear Food BID NO. 18000072 Page 333 of 828 1 REVISION OF SECTION 615 WATER CONTROL DEVICES 615 of the Standard Specifications is hereby revised for this project as follows: In subsection 615.05, the last paragraph shall be deleted and replaced with: Pay Item Embankment Protector (Special) Pay Unit EA Slope and ditch paving, concrete, embankment material, grouted riprap, or other material used with the Embankment Protector (Special), as shown on the plans, shall be included in the cost of the Embankment Protector (Special). END OF SECTION BID NO. 18000072 Page 334 of 828 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel. The Contractor shall submit a traffic control plan (TCP) to the County for review and approval prior to construction. The plan shall address all phases of construction. The TCP shall be prepared in accordance with the MUTCD, Subsection 104.04, Section 630 of the Standard Specifications, Project Special Provisions and Standard Plans S-630-1 and S-630-2. The Plans provide a sample traffic control plan to be used for bidding purposes. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. BID NO. 18000072 Page 335 of 828 2 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following: The portable message sign panel shall be on the project site at least 14 calendar days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.18 is hereby revised to include the following: No separate measurement and payment will be made for, but not limited to, the following: construction traffic signs and posts, portable message signs, access roads, radios, mobile phones, telephones, Traffic Control Supervisor, Traffic Control Management/Inspection, temporary concrete barrier, temporary pavement markings, removal of temporary pavement markings, vertical panels, batteries for flashers, drums, cones, delineators, barricades, supervision, flagging, pilot cars, temporary culverts, additional earthwork for detours and all other miscellaneous labor, equipment and materials required to complete the Project. Construction Traffic Control will not be individually measured, but shall be paid for at the lump sum bid price and shall be full compensation for fulfilling the obligation and responsibility of the Contractor to provide traffic control during this Project. All traffic control signage shall be mounted on its own post per CDOT M & S Standards (unless otherwise noted). All cost for this work and material shall be included in the traffic control lump sum item. Weld County reserves the right to add additional requirements if conditions warrant. Subsection 630.18 is hereby revised to include the following: Payment will be made under: Pay Item Traffic Control Management Pay Unit Lump Sum END OF SECTION BID NO. 18000072 Page 336 of 828 July 3.2017 1 REVISION OF SECTION 632 NIGHT WORK LIGHTING Section 632 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 632.01 This work consists of furnishing, installing, operating, maintaining, moving, adjusting, and removing lighting to illuminate construction work spaces for night work. Night work will be defined as work performed between 30 minutes before sunset and 30 minutes after sunrise. MATERIALS AND EQUIPMENT 632.02 The Contractor shall provide lighting for night work in the activity area work space where construction equipment, workers on foot, or both are present. The work space is that portion of the roadway closed to road users, or outside of the roadway, set aside for workers, equipment and materials performing contract work. The work space may be stationary or may move as the work progresses. Illumination may be accomplished by using a combination of portable lights, floodlights, equipment mounted lights, or other lighting methods that will provide the required minimum lighting intensity. Light fixtures that are mounted on the construction equipment shall have a secure connection to minimize vibration and ensure that the view of the equipment operator is not obstructed. Portable lights shall be aimed either generally parallel or perpendicular to the roadway, aimed downward towards the work to avoid glare to oncoming drivers. Existing street and highway lighting shall not eliminate the need for the Contractor to provide work area lighting. Vehicle headlights shall not be permitted as the sole means of illumination while working. 632.03 Portable Generator and Inverter Generator. The Contractor shall provide a portable generator, inverter generator, or both as needed to power the added equipment mounted lights on motorized equipment if the existing power supply on the equipment is insufficient to power the added lights. Fuel tank capacity and availability of fuel on site shall be sufficient to permit uninterrupted operation throughout the planned shift. All power sources shall be equipped with a ground -fault circuit interrupter. The generator shall be placed or temporarily mounted on the equipment without obstructing access onto the equipment or the view of the operator. 632.04 Light Meter. The Contractor shall furnish a light meter for use by the Engineer. The meter shall have a digital display calibrated to NIST standards, shall be cosine and color corrected with an accuracy of +1- 5 percent. The light meter shall remain the property of the Contractor after final acceptance. CONSTRUCTION REQUIREMENTS 632.05 Lighting for night work shall include: (1) Minimum lighting intensity of 5 -foot candles for work space illumination. (2) Illuminate the stationary work space as stated in (1) above where construction equipment, workers on foot or both are present. BID NO. 18000072 Page 337 of 828 July 3.2017 2 REVISION OF SECTION 632 NIGHT WORK LIGHTING (3) Light sources shall be positioned not to interfere with or impede traffic in any direction and not cause glare for motorists or onto adjacent properties whenever possible. The Contractor shall make adjustments, use visors or shields, or both to minimize glare. (4) Illumination for mobile operations within a closed travel lane with traffic control devices will be defined as 20 feet in front of and behind and 5 feet to each side of each piece of moving equipment. (5) The Contractor shall provide portable lights for Engineer's and contractor personnel performing materials testing for either mobile or stationary operations to illuminate the testing work space as stated in (1) above. For concrete operations at night, the Contractor shall illuminate the designated concrete truck washout location including the access and the wash out site. (6) Workers on foot, performing work within a moving work space (i.e. striping layout/installation, surveying, etc.) shall wear ANSI approved high visibility apparel and headwear for Class 3 risk exposure including vest, Class E pants or leg gaiters, and reflective tape on hard hats. Workers may use portable lighting that can be worn on the hard hats that provide 360 -degree visibility. (7) Portable light towers and lights mounted on stands shall be sturdy and free-standing without the aid of guy wires or bracing. Minimum illumination levels as stated in (1) above shall be maintained at a distance of 5 feet on all sides of stationary equipment with either equipment mounted or free-standing lights. (8) The Contractor shall ensure that all pieces of equipment have operating lights to illuminate operator's controls, backhoe and loader buckets, and illuminate the equipment reach limits around rotating equipment (i.e. the paving machine shall have illumination for the hopper, auger, and screed areas). (9) The TCS vehicle shall have the rear of the truck illuminated while installing, maintaining, and removing traffic control devices unless sufficient lighting levels exist with stationary lights. (10) The Contractor shall maintain a uniformity ratio no greater than 5:1 over the stationary work space. Uniformity ratio is the ratio of average to minimum horizontal illuminance within the work space. The uniformity ratio shall be determined by dividing the average of all light meter measurements by the light meter measurement at the darkest spot within the illuminated area. 632.06 Night Work Lighting Plan. The Contractor shall submit a lighting plan to the Engineer for review signed by the Contractor's designated person three days in advance of the Preconstruction Conference. The lighting plan shall appropriately describe the work and include the following: (1) Layout drawing and supplemental narrative showing light locations, equipment mounted lights, and configuration including both typical spacing and lateral placement for each work activity. (2) Tabulation of lights for those lights that are included within the Night Work Lighting pay item. Lights included in the tabulation such as tower lights, lights mounted on stands and lighting mounted to mobile equipment (not original equipment lights) but those additional equipment mounted lights or portable lights that provide the 20 feet in front and behind illumination zone shall have catalog cuts giving the specific brand names, model numbers, lamp type and wattage. (3) Narrative description of those operations where workers will be on foot in a moving work space. (4) Details of hoods, visors, louvers, shields or other means to, be used to minimize glare. The plan shall be revised and updated by the Contractor as requested by the Engineer during the progress of the work to accommodate changes to the work. BID NO. 18000072 Page 338 of 828 July 3.2017 3 REVISION OF SECTION 632 NIGHT WORK LIGHTING 632.07 Inspection of Lighting. Lighting inspection by the Engineer will be performed jointly with the Contractor's designated person on a drive through the project to include (1) observation of the lighting setup to evaluate glare potential for drivers and workers and (2) light meter measurements to determine minimum illumination levels. The Contractor shall make adjustments to the lighting as needed based on the Engineer's inspection. In the event of any failure of the lighting system, the Engineer may determine to discontinue work until the required level of illumination is restored. Delays due to insufficient lighting levels are the responsibility of the Contractor. Any corrections and deficiencies needed to provide the minimum illumination levels shall be addressed by the start of the next work shift. The Engineer will take light meter measurements to verify the minimum lighting levels using a light meter provided by the Contractor during the night work shift. Light meter readings will be taken within the work space where work is being performed, in a horizontal plane, light sensor part of the meter held parallel to the ground with the sensor aimed upward, 3 feet above the pavement or ground surface. Meter readings will be taken at the source at 5 foot intervals out to the illuminated work space perimeter. These measurements will be documented and filed in the project records. 632.08 Lighting for Flagger Stations. For nighttime flagging, flagger stations shall be illuminated by an overhead light source providing a minimum lighting intensity level of 5 foot candles measured 1 foot out from the flagger's chest. The flagger station light shall illuminate the station area with a radius of at least the width of the lane plus 5 feet, and be centered on the flagger in the initial flagging position. The size of the illuminated area shall be increased to account for flagger movements required to control traffic. The flagger station lighting shall be maintained at an adequate height above the pavement and be capable of being shielded through the use of visors, hoods, louvers, or screens as needed to minimize glare to approaching traffic and spilling over onto adjacent properties. METHOD OF MEASUREMENT 632.09 Lighting for night work will not be measured but will be paid for as a single lump sum. BASIS OF PAYMENT 632.10 Payment for lighting as shown on the Night Work Lighting Plan will include all labor, materials, and equipment necessary to complete and maintain the work. Payment for lighting will include portable 360° visibility lighting worn on hard hats. Progress payments will be made based on the lump sum price bid as follows: 20 percent when the Lighting for Night Work Plan has been submitted, accepted, and satisfactory lighting of nighttime operations has begun; the remaining 80 percent will be paid in equal monthly progress payments for the remaining time lighting is required for the night work operations. Payment will be made under: Pay Item Pay Unit Night Work Lighting Lump Sum Flagger station lighting, designated person, light meters, and additional power sources (generator and inverter) will not be measured and paid for separately but shall be included in the work. BID NO. 18000072 Page 339 of 828 July 3, 2017 GENERAL 404 PERMIT The proposed work as shown on the plans has been permitted by the U.S. Army Corps of Engineers under a General 404 Permit for roadway fill. 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, Albuquerque District, Southern Colorado Project Office, P.O. Box 294, Pueblo, CO 81002, (719) 543-9459, Attention: Ms. Anita Culp. A copy of this permit is available from the Resident Project Manager. BID NO. 18000072 Page 340 of 828 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DLSTRICT DENVER RIiciI:LATORY OFFICE, 9307 SOUTH WADSWOR'I'll BOULEVARD L(1TLEi roN, COLORADO 80128-69(11 February 13, 2018 SUBJECT: Nationwide Permit Verification — Corps File No. NWO-2017-02260-DEN, Weld County Road 53/Weld County Road 58A Bridge Replacement Project Clay Kimmi Weld County Public Works P.O. Box 758 Greeley, CO 80632 Dear Mr. Kimmi: This letter is in reference to the proposed project located at approximately 40.412131°N, -104.563389'W, in Weld County, Colorado. The work as described in your submittal will consist of replacing the bridge carrying Weld County Road 53/58A across the South Platte River with a new bridge with a larger hydraulic opening. This project will cause temporary impacts to 1.056 acres of open waters including the South Platte River, and to 0.1797 acre of wetlands; and permanent impacts to 0.2961 acre of open waters, and to 0.1825 acre of wetlands. Based on the information provided, this office has determined that the work is authorized by the Department of the Army Nationwide Permit (NWP) NWP 14 Linear Transportation Projects., found in the January 6, 2017, Federal Register. Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization to remain valid. In addition, the following Special Conditions must be followed: Special Conditions: 1. The Permittec proposes to provide compensatory mitigation for the permanent loss of wetlands through the purchase of credits at an appropriate wetland mitigation bank. The Permittee shall purchase 0.1825 acre of mitigation credits (a ratio of 1:1). The Corps of Engineers must approve the bank chosen for credit purchase. Please notify Ms. Angelic Greer of this office at (303) 979-4012 prior to the purchase of the mitigation credits so that the bank of your choice can be approved. Written proof of the mitigation credit purchase shall he provided to the Denver Regulatory Office prior to impacts occurring to wetlands authorized by this permit. Upon such proof, all liabilities for the success, monitoring, and long-term management of the mitigation bank wetlands covered by this authorization will become the responsibility of the mitigation bank sponsor. The Permittee will have satisfied all wetland mitigation requirements for this permit, unless additional on -site mitigation is or becomes a condition of this authorization. BID NO. 18000072 Page 341 of 828 2. In order for this Nationwide Permit verification to be valid, 0.1797 acre of wetland temporarily impacted by the project shall be restored where impacted. 3. The restored wetlands will be considered successful and self-sustaining when the following conditions have been met without intervention in the form of irrigation, removal of undesirable vegetation or replanting of desirable vegetation for a period of two consecutive years, as determined by the Corps of Engineers: a) At least 80 % (determined by ocular estimate of herbaceous and shrub foliar cover) of the mitigation site is vegetated, with at least 50% of the total number of dominant species present will consist of species rated as facultative or wetter. b) Trees and shrubs, to include volunteer specimens, will have a survival rate of at least 85 percent. Species composition shall be representative of species planted. c) Those species shown on the Colorado Noxious Weed Inventory list -A shall be 100% eradicated. "Those species shown on list -B shall be no more than 5% or less of the total cover in the mitigation area. The lists can be found at http://www. co i orado. go v /cs/Sate I I i to/ag_Conservationi CB ON/12516188 7443 8 4. A mitigation monitoring report documenting growing season conditions shall be sent to the Denver Regulatory Office prior to December 31st of each year, for a period of at least five years, or until the Corps of Engineers determines that the 0.1797 acre of wetlands has successfully developed. 5. Annual reports shall be formatted per the attached Annual Mitigation Monitoring Report Formatting Requirements. If the authorized work has not yet started, please state so in the annual mitigation monitoring report. 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 ibr 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. 18000072 Page 342 of 828 This verification will be valid until March 18, 2022. 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 c@i usace.army.mil, and reference Corps File No. NWO-2017-02260- DEN. Sincerely, Kiel Downing Chief; Denver Regulatory Office Enclosure(a) Nationwide Permit 14, Linear Transportation Projects Certification of Completed Work Annual Mitigation Monitoring Report Format Requirements Copies Furnished: Michael Gloden, Atkins N.A.; 7604 Technology Way, Suite 400, Denver, CO/80237. BID NO. 18000072 Page 343 of 828 Geotechnical Design Report Weld County Road 53 over the South Platte River Bridge Replacement Project Weld County, Colorado August 8, 2017 Excellence. Innovation. Service. Value. Since 1954. SHANNON 6WILSON, INC. Submitted To: Atkins North America, Inc. 7604 Technology Way, Suite 400 Denver, Colorado 80237 By: Shannon & Wilson, Inc. 1321 Bannock Street, Suite 200 Denver, Colorado 80204 23-1-01449-002 BID NO. 18000072 Page 344 of 828 August 8, 2017 Atkins North America, Inc. 7604 Technology Way, Suite 400 Denver, Colorado 80237 Attn: Mr. Pedro Fernandez, P.E. RE: GEOTECHNICAL DESIGN REPORT, WELD COUNTY ROAD 53 OVER THE SOUTH PLATTE RIVER BRIDGE REPLACEMENT PROJECT, WELD COUNTY, COLORADO We are pleased to submit our geotechnical design report for the above -referenced project. The enclosed report summarizes subsurface conditions encountered in subsurface explorations and laboratory tests, and driven pile and pavement recommendations for the bridge replacement. We appreciate the opportunity to be of service to you on this project. If you have any questions or require further information, please contact me or Greg Fischer at 303-825-3800. Sincerely, SHANNON & WILSON, INC. David Asunskis, P.E. Senior Geotechnical Engineer LOS:DAA/lmr Encl: Geotechnical Design Report 23-1-01449-002_LI/wp/Imr BID NO. 18000072 Page 345 of 828 TABLE OF CONTENTS Page 1.0 INTRODUCTION 3 2.0 SITE AND PROJECT DESCRIPTION 3 3.0 SCOPE OF SERVICES 4 4.0 FIELD EXPLORATIONS 5 5.0 LABORATORY TESTING 5 6.0 REGIONAL GEOLOGY AND SUBSURFACE CONDITIONS 6 6.1 Regional Geology 6 6.2 Subsurface Conditions 6 6.2.1 Fill 7 6.2.2 Alluvium 7 6.2.3 Bedrock 7 6.2.4 Groundwater 8 7.0 GEOLOGIC HAZARD EVALUATION 8 7.1 Seismic Design Parameters and Hazards 8 7.2 Swelling Soil and Bedrock 9 8.0 CONCLUSIONS AND RECOMMENDATIONS 9 8.1 Bridge Foundations 9 8.1.1 Axial Resistance 10 8.1.2 Pile Driveability 11 8.1.3 Lateral Load Capacity 12 8.2 Abutment Wall and Wingwall Design 12 8.3 Concrete Box Culvert 14 8.4 Groundwater Control 15 8.5 Embankment Stability and Settlement 15 8.6 Pavement Design 16 8.6.1 General 16 8.6.2 Subgrade 16 8.6.3 Traffic Loading 16 8.6.4 WCR 53 Pavement 17 8.7 Sulfates and Corrosion 17 9.0 CONSTRUCTION CONSIDERATIONS 17 9.1 Construction Dewatering Considerations 17 9.2 Driven Pile Installation 18 BID NO. 18000072 Page 346 of 828 9.3 Roadway Embankment Site Preparation 19 9.3.1 Clearing and Grubbing 19 9.3.2 Existing and New Utilities 19 9.4 Earthwork 19 9.4.1 Subgrade Preparation 19 9.4.2 Embankment Fill 20 9.5 Pavement Materials 20 9.5.1 ABC Material 20 9.5.2 HMA Materials 20 10.0 CONSTRUCTION OBSERVATION 21 11.0 LIMITATIONS 21 12.0 REFERENCES 23 TABLE 1 Summary of WCR 53 over South Platte River Bridge Lateral Design Parameters (3 sheets) FIGURES 1 Vicinity Map 2 Site and Exploration Plan (3 sheets) 3 Generalized Subsurface Profile A -A' 4 P -multipliers for Laterally Loaded Groups of Piles and Shafts 5 Estimated Axial Pile Resistance, Abutment 1 Wall/Wingwall, HP 14x102 H -Pile 6 Estimated Axial Pile Resistance, Abutment 6 Wall/Wingwall, HP 14x102 H -Pile 7 Pile and Driving Equipment Data APPENDICES A Subsurface Explorations B Laboratory Test Results C Previous Subsurface Information D Seismic Site Classification E Pavement Design Calculations F Important Information About Your Geotechnical/Environmental Report BID NO. 18000072 Page 347 of 828 GEOTECHNICAL DESIGN REPORT WELD COUNTY ROAD 53 OVER THE SOUTH PLATTE RIVER BRIDGE REPLACEMENT PROJECT WELD COUNTY, COLORADO 1.0 INTRODUCTION This report presents foundation and pavement design recommendations for the Weld County Road (WCR) 53 Bridge Replacement Project in Weld County, Colorado. The report summarizes our subsurface explorations, laboratory testing, and geotechnical engineering studies, and presents conclusions and recommendations for design of pavements, approach structures, and bridge foundations. Our services were conducted in general accordance with our Subconsultant Agreement with Atkins North America, Inc. (Atkins) under Atkins Project Number 100053699, dated January 31, 2017. 2.0 SITE AND PROJECT DESCRIPTION The Weld County Project is located approximately eight miles east of Greeley, Colorado (see Figure 1). Topography in the area is generally flat with a slight grade downwards in elevation sloping towards the river. The adjacent land is used mostly for agriculture with an occasional residence. The alignment crosses the channel and associated wetland areas of the South Platte River approximately two miles east of its confluence with the Cache la Poudre River. The existing bridge across the South Platte River consists of 13 spans and is founded with six 12-% inch outside dimeter driven pipe piles. Based on as -built plans (Colorado Department of Highways, 1957), it is unclear the extent below the river channel these piles were driven, but the total linear footage of pipe pile driven consisted of 156 feet at each abutment and a total length of 3,168 linear feet for the twelve interior bents (an average pile length of 26 feet at the abutments and 44 feet at the bents). We understand the existing bridge will remain in place while the new bridge is constructed, and once the new bridge is operational the existing bridge will be removed. The proposed Project will realign WCR 53 approximately 50 feet west and involves a combination of new roadway construction, new bridge construction, and the replacement of an existing culvert approximately 340 feet north of the South Platte River. The southern extent of the roadway realignment extends to the WCR 58 intersection. At the northern extent, the Project will reconstruct the WCR 388 intersection, and tie into the existing WCR 53 alignment BID NO. 18000072 Page 348 of 828 approximately 650 feet north of WCR 388. The proposed roadway realignment is shown in Figure 2. The proposed South Platte River Bridge will consist of five spans with a total length of approximately 700 feet. The proposed roadway (and bridge structures) will consist of two 12 - foot wide traffic lanes and two eight -foot wide shoulders. The roadway grade over the South Platte River will be raised by approximately seven feet, with an increased freeboard designed to accommodate the 100 -year flood event. The culvert north of the South Platte River will consist of a double 10 -foot wide by 8 -foot tall concrete box culvert (CBC). Based on preliminary plans provided by Atkins, we understand about 10 feet of roadway embankment fill will be placed over the proposed culvert. Based on discussions with Atkins, we understand WCR 53 will be paved with hot mix asphalt (HMA), matching the existing WCR 53 paving materials. 3.0 SCOPE OF SERVICES Shannon & Wilson previously conducted a preliminary subsurface exploration program in December 2014, and provided preliminary recommendations for foundation alternatives for the proposed South Platte River Bridge. We have previously submitted the following documents to Atkins titled: ■ Preliminary Geotechnical Design Report, Weld County Road 53 over the South Platte River Bridge Replacement Project, Weld County, Colorado dated January 8, 2015. • Geotechnical Memorandum, Preliminary Foundation Recommendations, Weld County Road 53 Over the South Platte River Bridge Replacement Project, Weld County, Colorado dated February 22, 2017. This report supersedes recommendations presented in the above documents. After the final roadway alignment and bridge configuration was selected, our scope of services was revised to include the following. • A final subsurface investigation program. ■ Geotechnical design recommendations for the South Platte River Bridge. • Pavement design recommendations for the roadway reconstruction. ■ Preparation of this geotechnical report. BID NO. 18000072 Page 349 of 828 The scope of our services did not include an evaluation regarding the presence or absence of hazardous or toxic materials in the soil, surface water, groundwater, or air, on or below or around this site. If such contamination exists, it would not be possible to determine it within this scope of work. 4.0 FIELD EXPLORATIONS Shannon & Wilson previously conducted a preliminary subsurface exploration program consisting of five cone penetration test (CPT) soundings designated CPT -01 through CPT -05 on December 9 and December 10, 2014. Logs of these CPT soundings are reproduced in Appendix C. Once the WCR 53 alignment was finalized, Shannon & Wilson developed a final subsurface investigation program consisting of ten borings (designated SW -06 through SW -15). Our final subsurface investigation program was implemented between February 6 and March 15, 2017. Roadway and pavement borings are designated SW -06, SW -07, SW -14, and SW -15 with depths extending approximately 5 feet. Borings drilled for the replacement South Platte River Bridge structure (borings SW -08 through SW -13) extended between 9 and 33 feet into bedrock (total drilling depth of 125 and 149 feet) and were located approximately at each bridge pier location (or as close as practicable with truck mounted drilling equipment). Borings SW -11 and SW -12 were drilled through the existing South Platte River bridge deck. Approximate boring locations are illustrated on Figure 2. Appendix A presents a discussion of the drilling and sampling procedures used to complete the borings. Appendix A also presents the individual exploration logs and an explanation of the symbols and terminology used. 5.0 LABORATORY TESTING Geotechnical laboratory tests were completed on selected samples retrieved from the borings to estimate soil and rock index and engineering properties. Tests included natural water content, grain size distribution, percent passing the No. 200 sieve, Atterberg limits, corrosion, and Hveem stabilometer (R -value) testing. Laboratory test methods are described and results are provided in Appendix B. The natural water content, fines content, and Atterberg limits are also shown on the individual boring logs included in Appendix A. BID NO. 18000072 Page 350 of 828 6.0 REGIONAL GEOLOGY AND SUBSURFACE CONDITIONS 6.1 Regional Geology We based our understanding of the geology and subsurface conditions at the project site on a review of regional geologic maps and the results of our field exploration program. Geologic maps reviewed for the project indicate the alignment is underlain by Quaternary -age alluvium (Smith and others, 1964; Braddock and Cole, 1978). Soils within the modern channel and flood plain of the South Platte River are mapped as Piney Creek Alluvium (Braddock and Cole, 1978), and are described as interbedded clay, silt, sand, and gravel with some cobbles and boulders (Smith and others, 1964). The study performed by Smith and others (1964) included several borings drilled within the South Platte River Valley near the project alignment. Their study indicates the alluvial soils in the region are underlain by the Cretaceous -age Laramie Formation bedrock. The upper portion of the Laramie Formation is described as olive -gray silty shale with lenticular beds of sandstone, numerous beds of carbonaceous clay, and seams of lignite. 6.2 Subsurface Conditions The subsurface conditions encountered in our borings are consistent with the geological maps that provide coverage of the project area. Subsurface conditions are generally characterized by fill and alluvial soils underlain by claystone bedrock of the Laramie Formation. A generalized subsurface profile of conditions at the bridge over the South Platte River is provided in Figure 3. The following sections discuss the subsurface conditions encountered to the Project site. The analyses, conclusions, and recommendations presented in this report are based on a limited number of subsurface explorations and laboratory test results. We assume that these explorations are representative of the subsurface conditions beneath the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the explorations. If subsurface conditions different from those encountered in the explorations are encountered or appear to be present during construction, we should be advised at once so that we can review these conditions and reconsider our recommendations, where necessary. If there is a substantial lapse of time between the submission of this report and the start of construction at the site, or if conditions have changed because of natural forces or construction operations at or adjacent to the site, we recommend that we review our report to determine the applicability of the conclusions and recommendations. BID NO. 18000072 Page 351 of 828 6.2.1 Fill Fill soils were encountered in one boring SW -13, adjacent to the existing roadway near the north abutment of the existing South Platte River Bridge. The thickness of fill soils encountered in the boring was less than 2 feet. The fill consisted of sandy to poorly graded sand with silt. 6.2.2 Alluvium Alluvial soils underlie the entire project area. Based on the results of our subsurface investigation, we identified four alluvial layers, listed below from surficial layers to subsequent underlaying strata: ■ Very loose to very dense, poorly graded sand with varying amounts of silt and clay; • Stiff to hard, lean clay to lean clay with sand; • Very loose to medium dense, silty sand; and ■ Medium dense to very dense, poorly graded sand to well -graded sand. In general, alluvial soils encountered in the pavement borings outside the river valley tended to be finer grained compared to soils encountered in the river valley. A layer of sandy clay to clayey sand was often encountered in the upper few feet of these borings, often underlain by sandy clay or slightly silty to clayey sand with varying amounts of gravel. Granular alluvial soils in the pavement borings were for the most part loose to medium dense, although occasional dense and very dense deposits were encountered. Cohesive alluvial soils in the pavement borings were classified as stiff. 6.2.3 Bedrock Bedrock was encountered in all of the bridge borings (SW -08 through SW -13). Bedrock elevation varied from 4,471 feet to 4,477 feet (approximately 102 to 116 feet of overburden alluvial soil). The bedrock at the river crossing is characterized by claystone of the Laramie Formation, with occasional interbedded sandstone. The bedrock encountered in our borings was estimated to have very low strength. Weathering grades generally varied from slightly weathered to fresh, with weathered zones less than five feet thick. BID NO. 18000072 Page 352 of 828 6.2.4 Groundwater When encountered during drilling, groundwater levels were measured following the completion of the borehole. Groundwater levels measured in boreholes adjacent to the South Platte River varied from approximately 1.5 to 7.3 feet below ground surface. Boreholes drilled within the river channel encountered surface water up to 3.5 feet deep. Groundwater was not encountered in the pavement borings. Groundwater fluctuations are possible and likely depend on many factors, including seasonal variations, local precipitation, and flood events. We anticipate that groundwater levels in the project area will be influenced by the stage of the South Platte River. 7.0 GEOLOGIC HAZARD EVALUATION 7.1 Seismic Design Parameters and Hazards The Front Range of Colorado is an area of low potential for damaging earthquakes. It is not possible to accurately estimate the timing or location of future earthquakes, because the occurrence of earthquakes is relatively infrequent and the historical earthquake record in Colorado is short (about 130 years). Based on a recent geologic map by the U.S. Geological Survey (USGS, 2009), the nearest fault to the site is the Golden Fault. However, there is only refuted evidence that this fault has been active in the Quaternary Period, or the last 1.6 million years. In our opinion, the potential for ground surface fault rupture is low. We understand that the bridges will be designed using American Association of State Highway and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFD) Bridge Design Specifications (AASHTO, 2014), which utilizes a design earthquake with a 7 -percent probability of occurrence in 75 years, also termed as an earthquake with a 1,000 -year return period (REi000). The AASHTO site class can be determined using SPT N -values measured in the upper 100 feet of the soil profile. All of the bridge borings conducted in the South Platte River Valley encountered bedrock at depth; however, SPT N -values were only obtained for the full soil/rock profile in borings SW -08 through SW -10 and SW -13. Therefore, these borings were used to determine the Site Class using SPT N -values. The soil/rock in the upper 100 feet from these borings generally consisted of very loose to very dense sands, with occasional layers of stiff to hard clay, overlying claystone bedrock. In accordance with the criteria in AASHTO (2014), conditions within the project area indicate Site Class E. Tables summarizing our calculations used to determine the Site Class are presented in Appendix D. BID NO. 18000072 Page 353 of 828 Ground motion parameters were determined for the project site using the USGS Seismic Design Tool (USGS, 2017). Site Factors were corrected for Site Class E and are also presented in Appendix D. Liquefaction may occur in loose, saturated, cohesionless soils when subjected to earthquake ground shaking. Based on the density of the granular strata encountered and the relatively low PGA for this area, it is our opinion that the potential of liquefaction is low. 7.2 Swelling Soil and Bedrock Swell susceptible soil and rock are common along the Front Range of Colorado. To assist us in determining the swell potential along the alignment, we reviewed a published geologic map of potentially swelling soil and rock of the Front Range urban corridor developed by Hart (1974). The map we reviewed provides coverage of soils in the Greeley area to within one mile of the project area. The soils in the region adjacent to our project area are classified as having a low swell potential. The borings along the alignment generally indicate granular soils. Surficial clayey soils with varying plasticity were observed in borings located on either side of the river. The plasticity index (PI) of these near -surface clayey soils ranged from 10 to 15 with an average of 12. In our opinion, these surficial clayey soils have a low to moderate swell potential. Areas where borings encountered granular alluvial soils generally have a low swell potential. Further, the majority of the alignment will be placed on imported embankment fill. In our opinion, if the subgrade preparation recommendations presented in Section 9.3 are implemented and at least 2 feet of granular embankment fill is placed on the existing subgrade, we anticipate only nominal swell - related impact to the pavement. 8.0 CONCLUSIONS AND RECOMMENDATIONS 8.1 Bridge Foundations Preliminary foundation options and design criteria have previously been provided to Atkins for the purpose of selecting foundation types. Based on this foundation selection analysis, we understand that H -piles driven to bedrock are the selected foundation type to support the bridge. Specifically, we understand that HPI4x102 piles are proposed for the South Platte River bridge. However, our recommendations presented herein are applicable to other driven H -pile sizes, unless specifically noted otherwise. BID NO. 18000072 Page 354 of 828 At the South Platte River crossing, bedrock was encountered at -depths ranging from 102 to 116 feet below the existing ground surface. The enclosed site and exploration plan (Figure 2), boring logs (see Appendix A), and generalized subsurface profile (Figure 3) should be referenced for additional geological details. 8.1.1 Axial Resistance Driven piles used to support the bridge abutments and piers should be driven to practical refusal on the bedrock. In our opinion, piles that are driven to refusal in the bedrock can be designed for the structural capacity of the steel member (i.e., the geotechnical capacity will not control). A resistance factor of 0.50 is recommended for the structural resistance of the H -pile at the strength limit state. A resistance factor of 1.0 is recommended for the service and extreme limit states. Based on previous experience, we estimate that refusal will be achieved after approximately 5 to 10 feet of penetration into bedrock, depending on the selected pile driving hammer. Thus, pile tip elevations can be estimated using a depth of 5 feet below the top of bedrock elevations shown in Table 1; however, the actual tip elevations may vary by approximately 5 feet and also will depend on the selected hammer. A summary of our estimated tip elevation is presented in the table below; a minimum tip elevation was determined from an assumed 5 -foot bedrock embedment. ESTIMATED MINIMUM TIP ELEVATION Location � - Nearest' Boring Approximate Top of Rock Elevation (feet) Recommended Min. Tip Elevation (feet) South Platte River Bridge Abutment 1 (south) SW -08 4,476 4,471 Pier 2 SW -09 4,477 4,472 Pier 3 SW -10 4,475 4,470 Pier 4 SW -11 • 4,474 4,469 Pier 5 SW -12 4,476 4,471 Abutment 6 (north) SW -13 4,471 4,466 A minimum pile spacing of 2.5 widths (center -to -center) is recommended to reduce the potential for stress overlap between the adjacent piles, but due to the depth of bedrock at the site, care should be given to the plumbness criteria for driven piles to avoid potential conflicts between adjacent piles. CDOT pile driving specifications require that the piles be driven within BID NO. 18000072 Page 355 of 828 2 percent of vertical. If this specification is utilized, we recommend a minimum pile spacing of 3.0 widths to avoid the potential for conflicts between adjacent piles. If this spacing cannot be met, a reduction in axial capacity parameters may be necessary. Lateral capacity of driven piles is discussed in Section 8.1.3. However, if battered piles are to be implemented for lateral loading, we recommend that the piles be battered no flatter than 4 vertical to 1 horizontal (4V:1 H). For properly designed and installed piles, we estimate settlement to be %2 inch, not including the elastic compression of the pile structural element. Differential settlement between adjacent piers/abutments would be expected to be about 50 to 75 percent of this value. About 75 percent of the settlement is anticipated to occur as the load is applied with the remaining settlement occurring within the first year following construction. 8.1.2 Pile Driveability A preliminary driveability analysis was completed to determine the hammer energy that may be required to drive the HP14x102 into bedrock. To complete the analysis, we assumed that the ultimate geotechnical resistance would be approximately equal to the allowable structural capacity of the pile. For 50 kips per square inch (ksi) yield strength steel, we estimate a required geotechnical nominal pile resistance of 750 kips. Colorado Department of Transportation (CDOT) specifications require minimum hammer energies of 52 kip -feet and 68 kip -feet (rated energy) for pile sizes HP14x89 and HP14xl 17, respectively (refer to section 502.03 of the 2011 CDOT Standard Specifications for Road and Bridge Construction). In our opinion, based on the subsurface conditions encountered in our explorations, a larger hammer may be required to mobilize the full axial resistance of the pile. For the HP14x102, from our preliminary driveability analysis, we estimate a minimum hammer energy of 74 kip -feet, based on a pile driving refusal criteria of 10 to 20 blows per inch and a resistance factor of 0.65 on the geotechnical resistance. After a pile driving contractor is selected, the drivability should be reassessed using wave equation analysis based on the contractor's actual pile driving equipment. The wave equation analysis can also be conducted to identify a hammer that will not overstress the piles. A resistance factor of 1.0 is recommended for the structural resistance of the pile during driving. Further discussion on wave equation analysis and pile installation is provided in Section 9.2. BID NO. 18000072 Page 356 of 828 8.1.3 Lateral Load Capacity Lateral loads acting on the structure from wind, seismic, and other loadings are typically resisted by the passive earth pressure against the caps, and the lateral resistance provided by the deep foundation members. The lateral behavior of piles is highly dependent on the degree of fixity of the top of the piles. In our opinion, frictional sliding resistance at the base of the cap should be ignored because a deep foundation -supported structure may not transmit load directly to the soil beneath the cap. Additionally, scouring also could reduce the resistance available at the base of the cap. The degree of movement required to initiate passive pressure and pile cap movement will depend on the degree of fixity to the deep foundation element. We recommend ignoring passive pressure of the pile cap unless the analysis indicates the deep foundation do not provide sufficient lateral resistance. In this situation, additional analyses could be performed once the pile cap details are known. Finally, we understand that the piles at the intermediate piers of the planned bridges may be subjected to a maximum scour depth of 15 feet. For cases where scour is considered, lateral soil resistance within the scour depth should be ignored and the piles should be designed considering the unsupported length. To determine the lateral load capacity of an individual driven pile, we have provided input parameters for the commercial software LPILE by Ensoft, Inc. (2016). LRFD design methods for lateral loading of driven piles utilize a resistance factor of 1.0 and are controlled by allowable movement criteria. Input parameters for an individual driven pile are given in Table 1. Group action can be analyzed using p -multipliers within LPILE. P -multipliers for loading perpendicular and parallel to a line of piles are presented in Figure 4. 8.2 Abutment Wall and Wingwall Design Based on discussions with Atkins, the abutment walls and wingwalls will retain a maximum fill height of 10 feet. We understand that these walls will be founded on driven El -piles bearing in the overburden alluvial soils, requiring an individual pile factored axial bearing resistance of maximum approximately 175 kips. A minimum pile length of 50 feet below the proposed wall is required to achieve lateral capacity fixity. The individual El -pile factored axial resistance will depend on the total length driven, and whether abutment wall piles are monitored with a pile driving analyzer (PDA) in the bearing stratum. Figures 5 and 6 present estimated factored axial resistance values for piles monitored with a PDA during driving operations (based on a resistance factor of 0.65) and driven without a PDA (based on a resistance factor 0.45). P - BID NO. 18000072 Page 357 of 828 multiplier values provided in Figure 4 should be applied to the factored axial resistance value account for pile group effects. The estimated total settlement of the H -piles will be approximately %2 -inch or less for a factored loading of 175 kips, with differential settlement between the piles of approximately' /-inch. Both the total settlement and differential settlement are anticipated to occur as the load is applied. If the pile driving contractor uses the same hammer for the abutment retaining wall piles as the bridge abutment piles, there may be a potential forquantity overruns. The required hammer energy and driving criteria described in Section 8.1.2 were developed for piles driven to refusal in bedrock and a lower hammer energy rating is anticipated for piles bearing in the overburden soil. To reduce the potential for pile quantity overruns, the pile driving contractor will need to modify the hammer energy settings and/or driving criteria. We recommend requiring the pile driving contractor perform one of the following actions: • monitor the abutment retaining wall piles with a PDA in the overburden soil; • perform a separate wave equation analysis for the retaining wall piles to determine the hammer energy setting and/or driving criteria for achieving the required bearing resistance; or ■ drive the abutment retaining wall piles to the minimum depth shown on the plans regardless of driving criteria and use the PDA data previously collected from the bridge abutment piles to estimate/verify the skin friction resistance of the friction piles in the overburden. If abutment retaining wall piles indicate an insufficient bearing resistance for the minimum depth shown on the plans, a specification provision could be added that requires the pile driving contractor to stop driving operations for a minimum setup period of 24 hours. Pile resistance may increase with setup time as pore pressures generated during pile driving operation dissipate. A re -strike can then be performed to estimate the post -driving pile capacity. Monitoring the re- strike with a PDA should also be considered. If the re -strike indicates insufficient bearing resistance, then the pile driving contractor could be permitted to drive piles beyond the minimum depths indicated on the plan. For the design of the proposed retaining walls, we recommend that CDOT Class 1 Structure Backfill or equivalent be. used for placement behind retaining walls within a I H:1 V (horizontal to vertical) slope extending from the base of the footing and starting 1.5 feet from the heel of the wall. Based on the use of CDOT Class 1 Structure Backfill, the following parameters are recommended for the design of the abutment and wing walls for the approach fills. BID NO. 18000072 Page 358 of 828 RECOMMENDED SOIL PARAMETERS FOR WALL DESIGN Design ' Parameter Recommended Value Total Unit Weight of Backfill (pcf) 130 Friction Angle (degrees) 34 Cohesion 0 Equivalent Fluid Density for Active Retaining Conditions and Horizontal Backfill Surface (pcf) 35 Equivalent Fluid Density for At -Rest Retaining Conditions and Horizontal Backfill Surface (pcf) 55 Notes: pct.= pounds per cubic foot 8.3 Concrete Box Culvert A new culvert is proposed to the north of the bridge. The proposed culvert will be a double 10 - foot wide, 8 -foot high CBC, founded approximately at elevation 4,582 feet. We understand that the culvert will have approximately 2 feet of permanent soil cover overlying the bottom of the culvert. Based on boring SW -13 and sounding CPT -05, the CBC is anticipated to be founded in loose to dense, poorly graded sand with silt and gravel, overlying a 5 -foot thick stiff clay layer, overlying a medium dense to dense, well graded sand layer. The above explorations were drilled on the bank of the river, away from the proposed culvert location, and the extent of any soft channel alluvial deposits are unknown. Groundwater is anticipated at or above the base of the channel, approximately at elevation 4,585 feet, and dewatering or installation of a cutoff may be required. Based on the subgrade soils encountered during our explorations, we estimate a gross allowable bearing capacity of 4,200 pounds per square foot for up to 1 -inch of total (elastic) settlement. Differential settlement along the culvert is estimated to be less than %2 -inch and approximately half of the settlement is expected -to occur as the load is applied, with the remaining settlement occurring within about one year after construction. To reduce settlement, we recommend that that the roadway embankment fill be placed prior to the placement of the CBC, to the extent possible. The embankment fill in the footprint of the culvert should then be excavated and the CBC be installed. This will pre -load the near -surface loose soils, and if pre -loading is done, we anticipate '/2 to 1 inches of settlement will occur in the center of the culvert and transition to '/2 to 3/4 inches at the ends of the culvert. BID NO. 18000072 Page 359 of 828 8.4 Groundwater Control Based on discussions with Atkins, we understand that the bottom of the pile caps will be at elevation 4,570.49 feet. Additionally, we understand that that the culvert north of the bridge will be founded at elevation 4,582 feet. At the time of our explorations, surface water in the South Platte River was approximately II feet above the elevation of the proposed pile caps, and groundwater was encountered approximately three feet above the base of the proposed culvert foundation. As such, dewatering or installation of a watertight groundwater cutoff shoring system should be anticipated during construction and included in the project cost estimate. 8.5 Embankment Stability and Settlement We understand that Atkins intends to construct the approach embankments at 3H:1 V slopes. Based on the results of global stability analyses, 314: 1 V slopes are acceptable for slope stability at the site. If side slopes steeper than 3H:1 V are preferred at specific locations, Shannon & Wilson is available to review the existing subsurface data and proposed embankment geometries to assess the global stability associated with steeper side slopes. Settlement of new embankments can be attributed to two sources: settlement of subsurface soils below new fill materials that are subjected to the new loading, and settlement of the material comprising new embankments. New embankments proposed along the alignment would impose new loading on the -underlying soil and could induce settlement of the ground surface from compression of the underlying soil. The maximum fill height on the proposed WCR 53 alignment is approximately 24 feet. The upper portion of the soil profile at the South Platte River Bridge abutments predominantly consists of granular soils, with a layer of stiff to very stiff clay within the upper 20 feet. Settlement of subsurface soils at these locations and other locations where only granular soils are encountered in the upper 20 feet can be expected to occur during or shortly after embankment construction. This elastic settlement is anticipated to be on the order of 1 to 2 inches within the subgrade soils below the embankment fill. We estimate that material comprising the new fill embankments will undergo some settlement during and shortly after construction. For properly placed and compacted fill, settlement of backfill should be less than 'A percent of the total fill height, or about '/4 inch for every 5 feet of fill placed: This settlement is anticipated to be largely completed on conclusion of grading work. BID NO. 18000072 Page 360 of 828 8.6 Pavement Design 8.6.1 General Performance of a pavement system depends on the pavement material and thicknesses, subgrade strength, traffic loads and repetitions, design life, and subgrade drainage characteristics. Based on the anticipated traffic volumes (discussed in further detail in Section 8.6.3), the design team has proposed that the WCR 53 pavement section will be a flexible pavement section consisting of HMA over aggregate base course (ABC) constructed on embankment fill. 8.6.2 Subgrade WCR 53 will be constructed predominantly on fill soils (roadway and bridge approach embankments) composed of local aggregate sources. Based on discussions with Atkins, we recommend that borrow materials for WCR 53 fill embankments be similar to borrow materials used on a recent Weld County new roadway project, and consist of either A -1-b or A-2-4 soils with a minimum R -value of 40. At the roadway tie-in locations (where the proposed WCR 53 embankment grades approach the current roadway alignment grades), bulk samples of native subgrade from borings SW -07 and SW -15 were tested for R -value (drilled near the southern and northern tie-in locations, respectively). Test results indicated an R -value of 22 at the south end and 28 at the north end. Based on the relatively short length of paving at these tie-in locations as compared to the minimum R -value of 4O embankment fill, and a preference to have one uniform pavement section along the Project extents (as compared to a second, thicker pavement section at tie-in locations), we "recommend over -excavating a minimum thickness of 18 inches and replacing the native subgrade with the same minimum R -value of 40 embankment material. 8.6.3 Traffic Loading For traffic loading on WCR 53, Atkins provided to us a 2011 Weld County 2035 Transportation Plan study. The study indicates that WCR 53 between WCR 58 and US 34 had a 2009 two-way average daily traffic (ADT) of 3,780 vehicles per day with 26 percent truck traffic. The study also indicates a 2035 ADT value of 1,830 vehicles per day (a reduction in the overall traffic volume). For our analysis, we assumed a 20 -year design life and a 2018 ADT value of 3,780 vehicles per day with no growth rate (a constant ADT for the projected traffic). Based on discussions with Atkins, we assumed a distribution of trucks consisting of 75 percent combination trucks and 25 percent single -unit trucks. Using truck equivalency factors provided in the 2012 Weld County Engineering and Construction Criteria (WECC) (Short Elliott BID NO. 18000072 Page 361 of 828 Hendrickson, 20,12), we estimate an equivalent single -axle loading (ESAL) value of approximately 3.8 million. 8.6.4 WCR 53 Pavement Using the procedures outlined in the 2012 WECC and the design parameters summarized in Table E -1, we recommend that the WCR 53 pavement consist of 7 inches of HMA over 6 inches of ABC, bearing on at least 18 inches of R -value 40 embankment material (refer to Section 8.6.2). Our calculations are provided in Appendix E. 8.7 Sulfates and Corrosion The clay soil and bedrock in the Colorado Front Range area can be corrosive to substructure elements. To assist in estimating the subsurface corrosion potential at the bridge locations, native clay soils were tested for pH, resistivity, water soluble sulfates, and chloride content. The test results are summarized in Table B-1. Based on classifications as defined by CDOT (refer to Section 601.04 of the 2011 CDOT Standard Specifications for Road and Bridge Construction), the results suggest a varying severity of sulfate exposure. The sulfate content tests generally suggest a Class 0 severity of sulfate exposure, but one test suggested Class 1 severity. Based on classifications as defined by the Federal Highway Administration (refer to Section 8.8 of the 2006 FHWA Driven Pile Manual (Hannigan, and others), the resistivity values suggest aggressive subsurface conditions forsteel in direct contact with soil or bedrock. 9.0 CONSTRUCTION CONSIDERATIONS The applicability of the design recommendations provided in this report is contingent on good construction practice. Poor construction techniques may alter conditions from those on which our recommendations are based, resulting in reduced foundation capacity and increased settlement. The following sections present additional construction and material considerations for this project. 9.1 Construction Dewatering Considerations The presence of groundwater may cause instability of open cut excavations and loosening of sand material when subjected to repeated construction loading, and when exposed for longer intervals. We understand that the dewatering system will be designed by the Contractor BID NO. 18000072 Page 362 of 828 performing the work. Based on groundwater levels encountered in our explorations, the excavations required for the proposed bridge pier construction will extend below the level of surface water in the South Platte River, and groundwater will be encountered within the excavation required for the proposed culvert installation. The selected Contractor should be experienced with excavating cut slopes in conjunction with dewatering techniques, in soil and groundwater conditions similar to those encountered in our explorations. Observation wells should be installed and used to monitor groundwater levels during dewatering operations. 9.2 Driven Pile Installation The Contractor should complete a wave equation analysis using the selected pile type and the Contractor's pile driving equipment. Information required for such an analysis is presented in Figure 7. The wave equation analysis should be completed prior to the start of driving production piles at the site. We can assist with such an analysis, if requested. Per Section 502 of the CDOT Standard Specifications for Road and Bridge Construction manual, refusal criteria are established based on monitoring with a pile driving analyzer (PDA), with each of the two required, tests performed at separate foundations elements (abutments or piers). Fixed -lead pile driving equipment is recommended for driving the piles. The use of hanging or swinging leads is not recommended unless they are constructed to be held in a fixed position during driving operations. Pile installation may encounter hard driving within the bedrock. We recommend that a protective rock tip be welded to the end of each pile to reduce the possibility of pile damage during driving. Pile driving should be monitored by a representative of the Geotechnical Engineer, who should record a continuous driving record for each pile. For this purpose, the Contractor should be required to paint a line across the pile in 1 -foot increments for the full pile length prior to driving. A system should be established so that the measurements can be determined to the nearest inch during final driving. It is often difficult to estimate the energy delivered by diesel hammers. The Saximeter, developed by Pile Dynamics, Inc., can be used to record hammer strokes and provide an estimate of the driving energy of diesel hammers. BID NO. 18000072 Page 363 of 828 9.3 Roadway Embankment Site Preparation 9.3.1 Clearing and Grubbing Before construction, ponded water should be drained from low-lying areas. Prior to site grading, construction areas should be cleared to a depth necessary to remove all surface and subsurface structures associated with current development of the site, including all foundations, pavements, utility poles, fence poles, underground utilities, and other deleterious material. Trees, shrubs, or crops designated to be removed should include the entire rootball and all roots larger than Y2 -inch -diameter. This may require laborers handpicking the roots from the subsurface soils prior to compaction. Surface vegetation within construction areas should be removed by stripping. The depth of stripping should be determined at the time of construction based on existing conditions, but for estimating purposes, considering that most of the alignment was used for agriculture, we recommend a minimum of 6 inches. Debris from the stripping should not be used in general fill construction, but may be used in landscape areas. 9.3.2 Existing and New Utilities Existing underground utilities, including fiber optic and water lines, are crossed by or parallel to the proposed roadway. These utilities could require abandonment, relocation, or replacement prior to construction. For existing utilities that are not relocated, depending on the utility pipe type and soil conditions, these utilities could require additional protection against surface loads caused by new embankment fills, pavements, or construction traffic (particularly bridge construction equipment). Utility protection methods include surface slabs for load distribution, installation of new casing around the existing pipelines, or installation of lighter embankment fill. 9.4 Earthwork 9.4.1 Subgrade Preparation After the site has been prepared in accordance of Section 9.3, the exposed roadway embankment subgrade should be scarified to a depth of eight inches. If cohesive soil is encountered, the scarified subgrade should be moisture -conditioned to zero to three percent above the optimum moisture content and uniformly compacted to at least 95 percent of the maximum dry density as determined by AASHTO T99 (standard Proctor). If granular subgrade is encountered, the scarified subgrade should be moisture -conditioned within two percent of BID NO. 18000072 i Page 364 of 828 optimum moisture content and uniformly compacted to at least 95 percent of the maximum dry density as determined by AASHTO TI80 (modified Proctor). The exposed subgrade should then be proof -rolled with a fully loaded, tandem -axle, 10 -yard dump truck or equivalent. We recommend that the proof -rolling be observed by a geotechnical engineer from Shannon & Wilson. If any areas are identified as being loose, soft, or yielding during proof -rolling, these areas of the subgrade should be improved by overexcavating to expose a firm and unyielding subgrade. We recommend a maximum overexcavation of two feet. If soft or yielding soils are encountered after overexcavating two feet, a geogrid (Tensar biaxial grid BX1300, Tensar triaxial grid TX5, or equivalent) could be installed at the base of the excavation before backfilling with CDOT Class 6 ABC. 9.4.2 Embankment Fill We recommend that the import fill for embankment construction have a minimum R - value of 40. The material should be compacted to at least 95 percent of the maximum dry density, as determined by AASHTO T180, and within two percent of the optimum moisture content. All fill material should be placed in horizontal lifts and be compacted to a dense and unyielding condition. The thickness of loose lifts should not exceed eight inches for heavy equipment compactors and four inches for hand -operated compactors, but may be less depending on the effort required to obtain the above relative compaction. 9.5 Pavement Materials 9.5.1 ABC Material The ABC material should meet Weld County Class 6 specifications (refer to Section 7.6.4 of the 2012 WECC manual). In addition, this material should have an R -value greater than 77 (in accordance with Weld County staff recommendations). ABC material should be placed in maximum 6 -inch -thick lifts and compacted to a dense and unyielding condition and to at least 95 percent of the maximum dry density (AASHTO T180). 9.5.2 HMA Materials The HMA mix design should be in accordance with CDOT and Superpave standards. Binder selection is based on the anticipated pavement temperatures, traffic patterns, and local availability. Based on the local Greeley weather station (station I.D. no. CO3553), we recommend an asphalt binder grading of either PG 76-28 or PG 70-28 be used be used for the top BID NO. 18000072 Page 365 of 828 lift and PG 64-22 for lower lifts. Based on previous discussions with Weld County maintenance personnel for the Weld County Road 49 Bridge project, we understand PG 64-28 has had satisfactory performance as a surface binder in the Greeley area and the use of PG 64-28 binder should be considered if there is significance cost savings over the PG 76-28 or PG .70-28. We recommend using a Grade SX mix for the top lift. Underlying HMA layer can be composed of a Grade S mix. For the Grade SX mix, CDOT recommends that lift thickness range between 2 to 3 inches. For the Grade S mix, CDOT recommends lift thicknesses between 2-'/4 and 3-'/2 inches. We recommend a Superpave design gyratory number (NDEs) of 100 be used for the mix design. In addition, a tack coat should be placed between subsequent lifts if the underlying lift will be used for traffic or left uncovered for a period of 24 hours. 10.0 CONSTRUCTION OBSERVATION Geotechnical design recommendations are developed from a limited number of explorations and tests. Therefore, recommendations may need to be adjusted in the field. To this end, we recommend that a construction observation and monitoring program be implemented for the project and that Shannon & Wilson be retained to monitor the geotechnical aspects of construction, particularly the installation of driven piles for the bridge foundations, approach structure foundation construction, and fill placement and compaction. This monitoring would allow us to confirm that conditions encountered are consistent with those indicated by the explorations. We could provide expedient recommendations should conditions be revealed during construction that are different from those anticipated. Unanticipated soil conditions are commonly encountered and cannot be fully determined by a limited boring and testing program. Such unexpected conditions frequently require that additional expenditures be made to attain a properly constructed project. Therefore, some contingency fund is recommended to accommodate such potential extra costs. 11.0 LIMITATIONS This report was prepared for the exclusive use of Atkins and Weld County for the use in design of the Weld County Road 53 over the South Platte River Bridge Replacement project. It should be made available to prospective contractors and/or the Contractor for information on factual data only, and not as warranty of subsurface conditions. Within the limitations of scope, schedule and budget, the analyses, conclusions and recommendations presented in this report were prepared in accordance with generally accepted BID NO. 18000072 Page 366 of 828 SHANNON 8WILSON. INC. professional geotechnical and geological principles and practice in this area at the time this report was prepared. We make no other warranty, either express or implied. Shannon & Wilson has prepared Appendix F, "Important Information About Your Geotechnical/Environmental Report," to assist you and others in understanding the use and limitations of our reports. SHANNON & WILSON, INC. Reviewed by: Mark J. Vessely, P.E. Vice President David Asunskis, P.E. Senior Geotechnical Engineer L0S:DAA:MVJ/lmr 01449-002_R I .docx/wp/Imr BID NO. 18000072 22 Page 367 of 828 23-1-01449-002 12.0 REFERENCES American Association of State Highway and Transportation Officials, 2014, AASHTO LRFD bridge design specifications, Customary U.S. units, 7th edition: Washington, D.C., American Association of State Highway and Transportation Officials. Braddock, W.A. and Cole, J.C., 1978, Preliminary geologic map of the Greeley 1 degree x 2 degree quadrangle, Colorado and Wyoming: U.S. Geological Survey, Open -File Report OF - 78 -532, scale 1:250,000. Colorado Department of Highway (CDOH), 1957, Plan and Profile of Proposed Federal Aid Project No. S 0049(1), State Highway No. 37, Weld County. CDOT 2011, Standard Specifications for Road and Bridge Construction, available to download at http://www.coloradodot.info/business/designsupport/construction-specifications Ensoft, Inc., 2016, User's Manual for LPILE 2016, a program to analyze deep foundation under lateral loading, Austin, Texas. Hannigan, P.J., Goble, G.G., Likins, G.E., and Raushe, F., 2006, Design and Construction of Driven Pile Foundations — Volume 1: Washington, D.C., U.S. Federal Highway Administration (FHWA), FHWANHI-05-042, NHI course no. 132021 and 132022, 968 p. Hart, S.S., 1974, Potentially swelling soil and rock in the Front Range corridor, Colorado, Colorado Geological Survey, Department of Natural Resources, Environmental Geology 7, Denver, Colorado, 23 p. Short Elliott Hendrickson, Inc. (SEH), 2012, Weld County Engineering and Construction Criteria (WECC), Weld County, Colorado, April. Smith, R.O., Schneider, P.A., and Petri, L.R., 1964, Ground -water resources of the South Platte River basin in western Adams and southwestern Weld Counties, Colorado: U.S. Geological Survey, Water -Supply Paper 1658, scale 1:63,360. U.S. Geological Survey (USGS), 2009, Quaternary fault and fold database for the United States, accessed April 13, 2017, from USGS web site: http://earthquake.usgs.gov/hazards/qfaults. USGS, 2017, U.S. seismic design maps, accessed April 5, 2017, from USGS web site: https://earthquake.usgs.gov/designmaps/us/application.php. Weld County Public Works Department, 2011, Weld County 2035 transportation plan, Greeley, Colorado, May 9. BID NO. 18000072 Page 368 of 828 TABLE I ARV OF WCR 53 OVER SOUTH PLATTE RIVER BRIDGE LATERAL DESIGN PARAMETERS DEPTH BELOW LPILE PARAMETERSx:3'4'5 LOCATION AND REPRSENTATIVE BORING EXISTING GROUND' OUND SUREACEt (ft) ELEVATION `(ft) OBSERVED : GROUND- WATER ELEVATION .- (ft) ' GENERALIZED SOIL/ROCK -'Unit DESCRIPTIONS - p y Curve Weight y' (pcf). Peak Friction Angle 0' . (deg)' Initial Static Modulus of Subgrade Reaction, k (pci)- . Undrained Cohesion s (psf) . Strain Factor eso (in/in) Top Bottom Top I Bottom Abutment I (South) (Boring SW -08) 0 38 4,585 4,547 4,581 Very Loose to Medium Dense Sand Sand (Reese) 57.6 32 20 -NA- -NA- 38 66 4,547 I 4,519 I Stiff to Hard Sandy Lean Clay Stiff clay w/o free water using k 57.5 -NA- 500 1,500 0.007 66 109 4,519 I 4,476 Medium Dense to Dense Sand Sand (Reese) 62.5 34 60 -NA- 6,000 -NA- 0.004 > 109 < 4,476 CLAYSTONE: very low strength Stiff clay w/o free water using k 67.5 -NA- 2,000 Pier 2 (Boring SW -09) 0 36 4,585 4,549 4,581 Loose to Medium Dense Sand Sand (Reese) 57.6 30 20 -NA- -NA- 36 46 4,549 4,539 Very Stiff Lean Clay Stiff clay w/o free water using k 57.5 -NA- 1,000 2,000 0.005 46 81 4,539 4,504 Very Loose to Medium Dense Silty Sand Sand (Reese) 57.5 30 20 -NA- -NA- 81 108 , 4,504 4,477 Medium Dense Sand Sand (Reese) 62.5 34 -NA- 60 -NA- -NA- 0.004 > 108 < 4,477 CLAYSTONE: very low strength Stiff clay w/o free water using k 67.5 2,000 6,000 Notes: Ignore embankment fill and natural soil from the ground surface to the expected scour depth. 2 The LPILE parameters shown are for horizontal ground surface. Sloping ground surface modifications should be included as per Ensofl, Inc.'s recommendations for the LPILE program. 3 The lateral resistance values provided assume that the lateral loads are shoe -term (non -sustained) loads. If sustained lateral loads are anticipated, we should be notified to provide additional parameters. ' A resistance factor of I.0 should be used for lateral analyses. 5 The LPILE parameters do not consider group effects. Recommended p -multipliers for groups of shafts and piles are shown in Figure 4. pcf = pounds per cubic foot, deg = degrees, pci = pounds per cubic inch, psf = pounds per square foot, -NA- = not applicable BID NO. 18000072 Page 369 of 828 TABLE I SUMMARY OF WCR 53 OVER SOUTH PLATTE RIVER BRI LOCATION AND REPRSENTATIVE BORING DEPTH BELOW EXISTING GROUND SURFACE' (ft). ELEVATION (ft) OBSERVED GROUND- WATER. ELEVATION (ft) GENERALIZED SOIL/ROCK DESCRIPTION LPILE PARAMETE RS2' 3' 4' 5 p -y Curve_ Unit Weight y' (Pcf) Peak Friction Angle $' -deg) Initial Static Modulus of Subgrade Reaction, k . (pci) _ • Undrained Cohesion • s, (Psf) Strain Factor eat (in/in) Top• I Bottom. Top I Bottom Pier 3 (Boring SW -10) 0 36 4,584 I 4,548 Very Loose to Medium Dense Sand Sand (Reese) 57.6 30 20 -NA- NA - 0.005 36 61 4,548 14,523 I Stiff to Very Stiff Lean Clay Stiff clay w/o free water using k 57.5 -NA- 1,000 2,000 61 76 I4,583 4,523 i 4,508 Medium Dense Silty Sand' Sand (Reese) 62.5 32 60 -NA- -NA- 76 109 I 4,508 ' 4,475 ' I Medium Dense Sand Sand (Reese) 62.5 34 60 -NA- -NA- > 109 <4,475 CLAYSTONE: very low strength Stiff clay w/o free water using k. 67.5 -NA- 2,000 6,000 0.004 Pier 4 (Boring SW -I I ( g ) 0 33 4,580 4,547 4,581 Loose to Medium Dense Sand Sand (Reese) 57.6 30 20 -NA- -NA- 33 57 I 4,547 4,523 Very Stiff to Stiff Lean Clay Stiff clay w/o free water using k 57.5 -NA- 1,000 2,000 0.005 57 68 4,523 4,512 Medium Dense Silty Sand Sand (Reese) 62.5 32 60 -NA- -NA- -NA- 68 105 4,512 I 4,475 Mediense Sand Sand (Reese) 62.5 34 60 -NA- -NA- > 105 < 4,475 CLAYSTONE: very low strength Stiff clay w/o free water using k 67.5 -NA- 2,000 6,000 0.004 Notes: Ignore embankment fill and natural soil from the ground surface to the expected scour depth. The LPILE parameters shown are for horizontal ground surface. Sloping ground surface modifications should be included as per Ensoft, Inc.'s recommendations For the LPILE program. 5 The lateral resistance values provided assume that the lateral loads are short-term (non -sustained) loads. If sustained lateral loads are anticipated, we should be notified to provide additional parameters. A resistance factor of 1.0 should be used for lateral analyses. 5 The LPILE parameters do not consider group effects. Recommended p -multipliers for groups of shafts and piles are shown in Figure 4. pcf = pounds per cubic foot, deg = degrees, pci = pounds per cubic inch, psf = pounds per square foot, -NA- = not applicable BID NO. 18000072 Page 370 of 828 TABLE 1 SUMMARY OF WCR 53 OVER SOUTH PLATTE RIVER BRIDGE LATERAL DESIGN PARAMETERS t .. h' ,. � -LOCATION AND REPRSENTATIVE - BORING F viii'r ^'," 'r t. 7t?t` 'DEPT#iI LOW EYISTING',, -GROUND f �-- t SURFACE - _ (ff) '" `�� ' r a'�'.Z w�" k '. ,r ; " , ELEVATION, (ft) t , ' �t t ., L ry, �� r,l OBSERVED GROUND- WATER ELEVATION "" (ft) - " 7v'' w,Fkt _ 1 f, ' V�::,11�` `GENERALIZED `,SOIL/ROCK DESCRIPTION "r < �S �s ;' e �, 3 ,« „ ; «,," ,y,�'S ° ' , o , - .. ,ri x, �i'� t,,, \ 1 ,�t F , ,LPILE PARAMETERS' s �� h� ,� ' ' ' s Curve ice - _:::::y ^ `• Unit VVetght- y' -(pcf) 's 'r Peak - Friction , Angle �' 4 (dek) , Initial Static,. Modulus`oe" Subgrade Reactton,�k f u d ' (pct) 1.747 ` - 3 �' Undraped Cohesion` s (psi) " , -^*1 u' 'Stra,n Factor s,o,� Will' Tou :- F `Bottom Top ""rBottmn Pier 5 (Bonng SW -12) 0 32 4,578 4,547 4 581 Very Loose to Dense Sand Sand (Reese) 57 6 30 20 -NA- -NA- 31 5 56 4,547 4 522 Very Stiff to Stiff Lean Clay Stiff clay w/o free water using k 57 5 -NA- 1000 2,000 0 005 56 65 4,522 I 4 513 Medium Dense Silty Sand Sand (Reese) 62 5 32 60 -NA- -NA- 65 102 4,513 4 476 Medium Dense Sand Sand (Reese) 62 5 34 60 -NA- -NA- > 102 < 4 476 CLAYSTONE very low strength Stiff clay w/o free water using k 67 5 -NA- 2 000 6,000 0 004 Abutment 6 (North) (Bonng SW -13) 0 43 4,588 , 4,545 4 580 Loose to Dense Sand with Silt Sand (Reese) 57 6 32 20 -NA- -NA- 43 66 4 545 4 522 Stiff to Hard Sandy Lean Clay Stiff clay w/o free water using k 57 5 -NA- 1 000 2,000 0 005 66 116 4,522 4 472 Medium Dense to Very Dense Sand Sand (Reese) 62 5 36 60 -NA- NA - > 116 < 4 472 CLAYSTONE very low strength Stiff clay w/o free water using k 67 5 -NA- 2 000 6,000 0 004 Notes Ignore embankment fill and natural soil from the ground surface to the expected scour depth 2 The LPILE parameters shown are for honzontal ground surface Sloping ground surface modifications should be included as per Ensoft Inc s recommendations for the LPILE program The lateral resistance values provided assume that the lateral loads are short term (non sustained) loads If sustained lateral loads are anticipated we should be notified to provide additional parameters A resistance factor of 1 0 should be used for lateral analyses 5 The LPILE parameters do not consider group effects Recommended p -multipliers for groups of shafts and piles are shown in Ftbure 4 pcf = pounds per cubic foot deg = degrees pci = pounds per cubic inch psf = pounds per square foot NA- = not applicable BID NO 18000072 Page 371 of 828 En 6th St _ Map adapted from aerial imagery provided by Google Earth Pro, reproduced by permission BID NO 4002 by Google Earth TM Mapping Service. August 2017 23-1-01449-002 SHANNON & WILSON, Ie 3 2 of Geotechnical and Environmental Consultants v • ename , 1EFt23 I [)Er 0 _ NOTES 1 Aerial imagery provided by Google Earth Pro, reproduced by permission granted by Google Earth "" Mapping Service 2 Existing ground topography interpreted from preliminary site survey file 20480SURV_Topo50Scale0l dgn received from Atkins Global on March 3 2017 3 Project stationing, abutment and pier locations based on BID NO 18000072 419998RG_Model01 dgnreceived from Atkins Global on April 11, 2017 sw-o1 S CPT -01A LEGEND Boring Designation and Approximate Location Cone Penetration Test Designation and Approximate Location 0 100 200 { Scale to Feet Weld County Road 53 over the S Platte River Bridge Replacement Weld County. Colorado SITE AND EXPLORATION PLAN August 201 7 23-1-01449-002 SHANNON &WILSON. Sage }73 ofeit 2 anti ,.o......, c0..y1.U.,. Sheet 1 of 3 Date 08.07 2017 'rename 11EF123 1 DEN\01400s\01449 WCR 531002 -Final DesignlDtatting123.1-01449 002DKM Ran ciwg Abutment 1 —. CPT -01 SW -08 SW -o9'" ,-.4\E .p r,, • Pier 2 SW -10 /,- Pier 3 ve- MII IMiY'.±" ,h.'•AA.4M.�ryQ:. s J .---r e------ sv C PT -02 Si p VA;. NOTES Pier 4 CPT -03 SW -11 SW -12 Pier 5 a Proposed 8x10 — Concrete Box Culvert sr 1 Aenal imagery provided by Google Earth Pro, reproduced by permission granted by Google Earth -" Mapping Service. 2 Existing ground topography interpreted from preliminary site survey file, 20480SURV_Topo50Scaleol dgn, received from Atkins Global on March 3, 2017 3. Project stationing, abutment, and pier locations based on BID NO 18000072 41999BRG_Model01 dgn, received from Atkins Global on April 11, 2017 sw-oi S CPT -01A A LEGEND Boring Designation and Approximate Location Cone Penetration Test Designation and Approximate Location Generalized Subsurface Profile (See Figure 3) 0 100 200 Scale in Feet Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado SITE AND EXPLORATION PLAN August 2017 23-1-01449-002 SHANNON &WILSON. ge 1374 °WG 2 .re,ec..ICa OHS r..uu..r.r.t co..a�,..,. Sheet 2 of 3 S C N NOTES 1 Aenal imagery provided by Google Earth Pro, reproduced by permission granted by Goode Earth 1y Mapping Service. 2. Existing ground topography interpreted from preliminary site survey file, 20480SURV_Topo50Scale0l dgn. received from Atkins Global on March 3. 2017 3 Project stationing, abutment, and pier locations based on BID NO 18000072 41999BRG_Model01 dgn. received from Atkins Global on April 11, 2017 sw-01 S CPT -01A LEGEND Boring Designation and Approximate Location Cone Penetration Test Designation and Approximate Location 0 100 200 1 Scale in Fee, Weld County Road 53 over the S. Platte River Bridge Replacement Weld County Colorado SITE AND EXPLORATION PLAN August 201 7 23-1-01449 002 SHANNON &WILSON. ge 375 of f 2 ..a..<..,<., 10 1•11S0........o...1..... Sheet 3 of 3 en:m. I .FI11 DEM➢15aom1449 E a A South Abutment 1 Pier 2 Rer3 Per4 Per5 Abulment9 A North .. 4600 4575 1525 Appro Im: G CPT -01 to Enlsting nd Surface So (Wet h Platte River Level Vanes) CPT -02 SW -11 APp Grou SW S d Surface � 1 ,2J SW 13 Pin 0 E E offset100 5) CPT CPT 462. _ (Pm 26 W( •� P . v a _ \ Pro UE _,�-I -04 -05 (Pmt 15 El (Prot 17E1 460( �iUUIiIII (Pm 2E) LlT!�: e : ' _ . I �1!1 41 _ _ _, 1 ii' er I� i I19 I vegrt b I1 II IL II �iIi: 11�e �I 457; s Poorly /xis /.` In 12-09.14 a Exs GSantl z o °p v Za,e6h r1edn e 009 sof arm CbY Iw uN 12-09•u E FCjC jCJay Iyr SWd . sWdVe la 'al �I'eryIasS, ■■I 72S550CIu 1 ■ a]o Iadmm dense 9 Medium dense Silly Sand ��CII lx, Ili i 1�Ysam I. l,e !i 7 $ 0Leanam!carroty ateanc6radnsatl I,. Stn eta 1500 1476 i 2 4525 7 0 ill il'm' Ep it `---v 7 In < v Very msebmeddm dense StlySand 126 7 I,r 'I„ FF�CCiI ! e, 7 x r Iv ' a I20 — I Ia Medium dense Poo Graded Gravel MMum dense al dense Parry Graded to WegGradvl "rid Ary Sarin Z�r 2 v Ve50ense Poorly Gmdatl sand 4500 )Vl01 .. F:: n IScrs a as an 7 e n ton -tea �a -s2511 axs —7 .56,6 __ mks �— SON _ a2717Izto-vW I v 4475 4450 verybxetrengy CLAYSTONE StT 11411 ' c 126+00 127*00 128+00 129+00 NOTES 1 This subsurface profile is generalized from matenals observed in si bonngs Vanabons may exist between profile and actual conditions 118+00 610 NO 19000072 119+00 120*00 121+00 122*00 123+00 124+00 125+00 LEGEND SW -107- Bonng Des1 bon (Pig 10E) Proection ate Distance an 8nmechon) Standard Penetration Test b ---in BlowslFoot or Blows per Inches Driven e505 -4.— Modified Caldomia Penetration Test Water Level Dunng Dnllmg USCS Symbol 7 Approximate Geologic Contact Approximate Top of Bedrock Contact Bottom of Boeng ,i 1 11 t7 Date of Campleuon at S&W Cone Penetration CPT 04�� Test(CPT) IPrq3 _ I Designation Projection from Profile in Feet 11 file 20480SURV_Topo50Scale01 dgn received from Shuns Global on March 3 2017 3 2017 3 Project stabonmg abutment, and pier locebons based on 41999BRG Profile01 dgn received from Atlons Global on April 11 2017 Water Level Dunng Dnllmg Uncorrected Tip Resistance in tons per square foot Bottom of Cone �sz r Penetration Test 12101 oM �J Date of Complebon 100 200 Horizontal Scale in Feet 0 25 50 I I Verbal Scale in Feet Vertical Exaggerahon = 4X Weld County Road 53 over the S Platte River Bndge Replacement Weld County Colorado GENERALIZED SUBSURFACE PROFILE A A August 2017 23 1 01449-002 SFWV1NONaWILSONINPI 376 fib' 3 1, 6) cRee(fmintided;P-Aultiphers ' Spacing (Dia fit` Loading (Type I Row1 Row 1' -Row 2 -,Row 3 and '-„higher Groups with 1 Row 20D 054 1 00 033 025 3 OD 0 80 0 50 0 38 5 0D 1 00 0 85 0 70 i 11,fU� �ti 7 °'t �� ^tr` °= a -, Group Type � ' r ��' ;, le ` Spacing ,- ,(Dia ) r { L .V74;''''',' 74; 1 _` ' w '4 .7. , ' F Recommended P-Multtphers >' 4• � "Loading TYPe-3 , -, _' - r ti i ' ' - ' ",Row 1 r ` '„ 3 Row 2 rs F< RoW 3 and , `higher. �� Groups with 2 or more Rows 2 0D 0 53 0 27 0 20 3 OD 0 80 0 40 0 30 5 OD 1 00 0 85 0 70 NOTES 1 Linear interpolation can be used to calculate the P -Multipliers for the shaft spacings which are not listed above 2 P -Multipliers are based on AASHTO 2014 LRFD Bridge Design Specifications 3 The P -Multipliers should be applied to the load portion of the P -Y curve in the LPILE software LOADING TYPE - 1 TApplied Load LOADING TYPE - 2 ROW 1 ROW 2 ROW 3 & higher I Applied Load BID NO 18000072 LOADING TYPE - 3 ROW 1 ROW 2 ROW 3 & higher O 0 Cs Applied Load Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado P -MULTIPLIERS FOR LATERALLY LAODED GROUPS OF PILES AND SHAFTS August 2017 ca9P 01-91449-002 SHANNON & WILSON, INC I FIG 4 Geotechmcal and Environmental Consultants 8/7/2017-01 WCR53 Abut1 HP14x102DP 0' 38' 66' 109' ASSUMED SUBSURFACE PROFILE Based on Nearby Explorations: SW -08 SP CL SW CLAYSTONE Bottom of Boring at 130.5 feet 0 20 "1 40 a) a) 1 a- U J U- 0 a 60 0 II- 0 w I- a- 0 80 a- p -J 100 120 140 0 STRENGTH LIMIT FACTORED RESISTANCE (tons) 100 200 I' 300 0 0 _ Factored Total (Compression) =0.45 Factored Total (Compression) =0.65 1 4100. 1 ♦ Refer to Section 8.1.1 of Geotechnical Report text for recommendations for pile resistance in rock. GENERAL NOTES 1 Recommended resistance factors are 0.65 and 0.45 for both side and base resistance. respectively. for friction piles monitored with a PDA and for friction piles not monitored with a PDA. 2. The analyses were performed based on guidelines included in AASHTO (2014) and local experience. The analyses are based on a single pile and do not consider group action of closely spaced piles (closer than 2 5 diameters. center to center). Refer to Figure 4 for recommended p -multipliers for pile groups. 3 Factored total pile resistance shown on plots is determined by adding its unfactored side and base resistances multiplied by the appropriate resistance factors as noted above. 4. Estimated capacities assume that the driven piles will be installed after construction of 1414jdol§Pq9Pggnkments. Downdrag loads due to potential fill embankment settlement have not been included 20 40 60 80 100 120 140 UNFACTORED NOMINAL RESISTANCE (tons) 100 200 300 I Unfactored Side Unfactored Base 1 1 I- • • • • • • • • • • 1 Weld County Road 53 over the S. Platte River Bridge Replacement Weld County, Colorado ESTIMATED AXIAL PILE RESISTANCE ABUTMENT 1 WALL/WINGWALL HP 14X102 H -PILE August 2017 Page 3-784812-Q1449-002 81449-002 SHANNON & WILSON, INC. FIG. 5 Geotechnical and Environmental Consultants 8/7/2017-06 WCR53 Abut6 HP14x102DP 0' 43' 66' 116' ASSUMED SUBSURFACE PROFILE Based on Nearby Explorations. SW -13 SW to SP-SM CL SP CLAYSTONE Bottom of Boring at 125.0 feet 0 20 a� — 40 a) a. U J E. LL 0 a 60 0 I- 0 J W I H a. W O a. Lit J 80 100 120 140 0 STRENGTH LIMIT FACTORED RESISTANCE (tons) 100 200 300 0 Factored Total (Compression) cps =0.45 Factored Total (Compression) =0.65 Is Is Is Is Is Is Is art 1 so so so so so so Refer to Section 8.1.1 of Geotechnical Report text for recommendations for pile resistance in rock. GENERAL NOTES 1. Recommended resistance factors are 0.65 and 0.45 for both side and base resistance, respectively, for friction piles monitored with a PDA and for friction piles not monitored with a PDA. 2 The analyses were performed based on guidelines included in AASHTO (2014) and local experience. The analyses are based on a single pile and do not consider group action of closely spaced piles (closer than 2 5 diameters. center to center) Refer to Figure 4 for recommended p -multipliers for pile groups 3. Factored total pile resistance shown on plots is determined by adding its unfactored side and base resistances multiplied by the appropriate resistance factors as noted above. 4 Estimated capacities assume that the driven piles will be installed after construction of fil)Pd$Roli@PWAQggnkments. Downdrag loads due to potential fill embankment settlement have not been included 20 40 60 80 100 120 140 0 UNFACTORED NOMINAL RESISTANCE (tons) 100 200 300 Weld County Road 53 over the S. Platte River Bridge Replacement Weld County. Colorado ESTIMATED AXIAL PILE RESISTANCE ABUTMENT 6 WALL/WINGWALL HP 14X102 H -PILE August 2017 Page 379 -812-Q1449-002 SHANNON & WILSON, INC. Geotechnical and En‘,ironmental Cons Itantc J FIG. 6 1 Contract No.: Structure Name and/or No.: Project: Pile Driving Contractor or Subcontractor: County: (piles driven by) 0 0 45 Q Date: 08-07-2017 LU Q 5 0- 0 E. U) n H D CU U) z t 0 Q a) CC U) Co a) a) 0 a) Tu 0 C U- N O co LU U 0 0 0 0 z w 0 N U_ a) U- HAMMER Manufacturer: Model: Type: Serial No.: Rated Energy: @ Length of Stroke Explosive Force: (for diesel hammers) L] Ram Weight: Ram Length: RAM RAM Ram Cross Sectional Area: (for diesel hammers) ANVIL ANVIL (with diesel hammers) Anvil weight: D=C1 BID NO 18000072 CAPBLOCK PILE CAP CUSHION PILE Material: _ Area: Thickness: Modulus of Elasticity - E: (psi) Coefficient of Restitution - e: Helmet Bonnet Anvil Block Drivehead Weight: Cushion Material: Thickness: Modulus of Elasticity - E: Coefficient of Restitution - e: Area: (psi) Type: Pile Size: Length (in leads): Diameter: Wall Thickness: Taper: Material: Weight/Ft.: Design Pile Capacity: (tons) Description of Splice: Tip Treatment Description: Weld County Road 53 over the S. Platte River Bridge Replacement Weld County, Colorado PILE AND DRIVING EQUIPMENT DATA August 2017 23-1-01449-002 yage :38U of 828 SHANNON & WILSON, INC. Geotechnical and Environmental Consultants FIG. 7 SHANNON &WILSON, INC. APPENDIX A SUBSURFACE EXPLORATIONS BID NO 18000072 Fags ,i 1 of 828 SHANNON iWILSON, INC. APPENDIX A SUBSURFACE EXPLORATIONS TABLE OF CONTENTS A 1 INTRODUCTION A 2 EXPLORATIONS A 2 1 Soil Classification System A 2 2 Standard Penetration Test (SPT) A 2 3 Modified California (MC) Test and Sampling A 2 4 Drive Sampling in Heaving Sands A 2 5 Bulk Samples A 2 6 Grab Samples A 2 7 Pocket Penetrometer FIGURES A-1 Soil Description and Log Key (3 sheets) A-2 Rock Classification and Log Key (2 sheets) A-3 Log of Boring SW -06 A-4 Log of Boring SW -07 A-5 Log of Boring SW -08 (3 sheets) A-6 Log of Boring SW -09 (3 sheets) A-7 Log of Boring SW -10 (3 sheets) A-8 Log of Boring SW -11 (3 sheets) A-9 Log of Boring SW -12 (3 sheets) A-10 Log of Boring SW -13 (3 sheets) A-11 Log of Boring SW -14 A-12 Log of Boring SW -15 Page A-1 A-1 A-1 A-2 A-2 A-2 A-3 A-3 A-3 23 1 01449-002_R I _AA/wp/Imr A-i BID NO 18000072 23-1-01449-002 Page 382 of 828 SHANNON l;WILSON, INC. APPENDIX A SUBSURFACE EXPLORATIONS A.1 INTRODUCTION The field exploration program for the proposed Weld County Road 53 Bridge Replacement Project consisted of drilling and sampling 10 geotechnical borings between February 6 and March 15, 2017 The approximate boring locations are shown on Figure 2 A representative from Shannon & Wilson observed the drilling and sampling operations, retrieved representative samples for field classification and laboratory testing, and prepared descriptive field logs of the borings The methods used to conduct the field exploration program are described below A.2 EXPLORATIONS The borings were coordinated (including subcontractor coordination, utility locates, and traffic control) and observed by Shannon & Wilson Individual boring logs are presented on Figures A- 3 through A-12 The exploration logs represent our interpretation of the subsurface conditions encountered at the time of drilling and the results of laboratory testing The borings were drilled by Authentic Drilling, Inc (Authentic) of Larkspur, Colorado, under subcontract to Shannon & Wilson, using either a truck -mounted CME 75 drill rig or a buggy - mounted CME 750x drill rig Borings were advanced with either 6 -inch diameter solid -stem augers or a combination of 8 -inch diameter hollow -stem augers (HSA) and mud rotary drilling techniques For borings drilled through the bridge deck, recirculating a drilling slurry (for the mud rotary drilling) was not possible Therefore, borings were advanced without sampling until top of bedrock was inferred from drill action, where drive sampling was resumed Boring depths ranged from approximately 6 and 149 feet below the ground surface/top of existing bridge deck grades Groundwater conditions were observed at the time of drilling in borings SW -08 through SW -13 and are noted on the individual boring logs On completion of drilling, borings SW -06, SW -07, SW -14, and SW -15 were backfilled with flowfill, and borings SW -08 through SW -13 were backfilled with cuttings generated during drilling Repairs to the existing bridge deck were made by Authentic following repair plans by Atkins Hot mix asphalt was used to repair the roadway surface at the boring locations A.2.1 Soil Classification System During drilling, the Shannon & Wilson representative collected soil samples and prepared field logs of the borings Soil classifications were based on ASTM International (ASTM) 23 I 01449-002_R l_AA/wp/imr i BID NO 18000072 1 i i A-1 1 23-1-01449-002 , Page 383 of 828 SHANNON iWILSON, INC. Designation D2487, Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System), and ASTM Designation D2488, Standard Practice for Description and Identification of Soils (Visual -Manual Procedure) The system is referred to as the Unified Soil Classification System and is summarized on Figure A-1 A.2.2 Standard Penetration Test (SPT) Disturbed samples were obtained in general accordance with the Standard Penetration Test (SPT) ASTM Designation D1586 The SPT consists of driving a 2 -inch outside diameter (0 D ), 1 375 -inch inside diameter (I D ) split -spoon sampler a distance of 18 inches with a 140 - pound hammer free -falling a distance of 30 inches An automatic hammer system was used to advance the samplers During sampling, the Shannon & Wilson field representative recorded the number of blows for each 6 -inch Increment of penetration and summed the blow counts for the last two 6 -inch increments This sum is recorded as the penetration resistance number, or N - value If high penetration resistance prevented driving the total length of the sampler, the Shannon & Wilson field representative recorded the partial penetration depth and blow count The N -values provide a means for evaluating the relative density or compactness of cohesionless (granular) soils and consistency or stiffness of cohesive (fine-grained) soils (see Figure A-1) The N -values are shown on the individual boring logs Representative portions of the split - spoon sample obtained in conjunction with the SPT were placed in plastic jars and transported to our laboratory A 2.3 Modified California (MC) Test and Sampling Samples were also obtained using a modified California (MC) barrel sampler The MC test procedure is similar to the SPT, except a larger diameter barrel sampler (2Y2 -inch 0 D , lined with 2 -inch -diameter brass tubing) is used and only driven 12 inches During sampling, the Shannon & Wilson field representative recorded the number of blows for each 6 -inch increment of penetration As a result of the larger diameter, the MC sampler yields slightly higher raw blow count numbers when compared to SPT N -values for similar soils In our opinion, the blow count numbers are similar between the two samplers Because the difference in blow counts does not significantly impact our evaluation, we used the field MC blow counts over the 12 -inch increment to define the relative density and consistency/stiffness of the subsurface materials following SPT terminology A.2.4 Drive Sampling in Heaving Sands As mentioned in Section 6 2 2, heaving sands were encountered during sampling in deep borings drilled within the South Platte River Channel The amount of sand heave inside the drill 23 1-01449 002_RI AA/wp/Imr A-2 BID NO 18000072 / 23-1-01449-002 Page 384 of 828 SHANNON &WILSON. INC. casing was estimated during drilling operations In general, sand heave was observed to be less than 6 inches Sand heave thicker than 6 inches is noted on the individual drive sample in the boring logs Also, drive samples with an `overpacked' samples (where more sample was recovered than driven) are noted In our opinion, overpacked drive samples are an indication of disturbance from flowing sands and the drive sample blow count may not be representative of in - situ conditions Our field representatives used their judgement in the field to evaluate the sample quality and accuracy of the blow counts To control heaving sand, the drillers filled the inside of the HSA with clean water (or bentonite slurry with the mud rotary drilling technique) before extracting the center bit (for HSA drilling) or drag bit (for mud rotary drilling) If heaving sands were observed, the drillers typically lifted the outer HSA several inches allowing the drilling fluid/water to flush the bottom of the boring and allow the drive sampler to be lowered to its proper depth where the SPT or MC drive sample test was conducted A.2.5 Bulk Samples Bulk soil samples were obtained by collecting the drill cuttings from the upper 5 feet of borings SW -06, SW -07, SW -14, and SW -15 Approximately 20 to 30 pounds of cuttings were placed in a plastic bag and transported to our laboratory for further analysis and testing A.2.6 Grab Samples Grab soil samples were obtained by collecting soil from the upper 6 inches of the river bank approximately 50 feet downstream of boring SW -12 (as the drive sample at the ground surface yielded no recovery) Approximately one half pound of soil was placed in two sample jars and transported to our laboratory for further analysis and testing A.2.7 Pocket Penetrometer Cohesive soil samples were also tested in the field using a -pocket penetrometer The penetrometer estimates the unconfined shear strength of the clay soil samples by shearing the clay with a one -quarter -inch -diameter penetrometer and measuring the resistance (in units of tons per square,foot [tsf]) with a calibrated spring The field measurements from the pocket penetrometer are shown on the individual boring logs 23-1-01449-002_Rl_AA/wp/Imr A-3 23-1-01449-002 S BID NO 18000072 Page 385 of 828 PARTICLE SIZE DEFINITIONS GPJ SWNEW GDT 8I?/17 co a, 2013_BORING 23 1 01449 Shannon,& Wilson, Inc (S&W), uses a soil identification system modified from the Unified Soil Classification System (USCS) Elements of the USCS and other definitions are provided on this and the following pages Soil descriptions are based on visual -manual procedures (ASTM D2488) and laboratory testing procedures (ASTM D2487), if performed S&W INORGANIC SOIL CONSTITUENT DEFINITIONS CONSTITUENT FINE-GRAINED SOILS (50% or more fines)' COARSE -GRAINED SOILS 1 (less than 50% fines) Major Silt, Lean Clay, Elastic Silt or Fat Clay Sand or Gravel° Modifying (Secondary) Precedes major constituent 30% or more coarse -grained Sandy or Gravelly4 More than 12% fine-grained Silty or Clayey' Followsnor major constituent 15% to 30% coarse -grained with Sand or with Gravel° 30% or more total coarse -grained and lesser coarse- grained constituent is 15% or more with Sand or with Gravel5 5% to 12% fine-grained with Silt or with Clay 15% or more of a second coarse - grained constituent with Sand or with Gravel5 All percentages are by weight of total spec men passing a 3 -inch sieve 2The order of terms is Modifying Major with Minor 'Determined based on behavior 'Determined based on which constituent comprises a larger percentage SWhichever is the lesser constituent ID MOISTURE CONTENT TERMS Dry Absence of moisture, dusty, dry to the touch Moist Damp but no visible water Wet Visible free water, from below water table STANDARD PENETRATION TEST (SPT) SPECIFICATIONS Hammer 140 pounds with a 30 -inch free fall Rope on 6- to 10-inch-diam cathead 2-1/4 rope turns, > 100 rpm NOTE If automatic hammers are used, blow counts shown on boring logs should be adjusted to account for efficiency of hammer Sampler 10 to 30 inches long Shoe I D = 1 375 inches Barrel I D = 1 5 inches Barrel O D = 2 inches N -Value Sum blow counts for second and third 6 -inch increments Refusal 50 blows for 6 inches or less, 10 blows for 0 inches NOTE Penetration resistances (N -values) shown on bonng logs are as recorded in the field and have fFnot been corrected for hammer NO 1800eency, overburden, or other factors O� DESCRIPTION SIEVE NUMBER AND/OR APPROXIMATE SIZE FINES < #200 (0 075 mm = 0 003 in ) SAND Fine Medium Coarse #200 to #40 (0 075 to 0 4 mm, 0 003 to 0 02 in ) #40 to #10 (0 4 to 2 mm, 002 to 008 in) #10 to #4 (2 to 4 75 mm, 0 08 to 0 187 in ) GRAVEL Fine Coarse #4 to 3/4 in (4 75 to 19 mm, 0 187 to 0 75 in ) 3/4 to 3 in (19 to 76 mm) COBBLES 3 to 12 in (76 to 305 mm) BOULDERS > 12 in (305 mm) RELATIVE DENSITY / CONSISTENCY COHESIONLESS SOILS COHESIVE SOILS N, SPT, RELATIVE BLOWS/FT DENSITY N, SPT, RELATIVE BLOWS/FT CONSISTENCY < 4 Very loose 4 - 10 Loose 10 - 30 Medium dense 30 - 50 Dense > 50 Very dense < 2 Very soft 2 - 4 Soft 4 - 8 Medium stiff 8 - 15 Stiff 15 - 30 Very stiff > 30 Hard WELL AND BACKFILL SYMBOLS % Bentonite Cement Grout Bentonite Grout Bentonite Chips Silica Sand Perforated or Screened Casing Sec tYec 7,4s, Surface Cement Seal Asphalt or Cap Slough Inclinometer or Non -perforated Casing Vibrating Wire Piezometer PERCENTAGES TERMS2 Trace < 5% Few 5 to 10% Little 15 to 25% Some 30 to 45% Mostly 50 to 100% 'Gravel, sand, and fines estimated by mass Other constituents, such as organics cobbles and boulders, estimated by volume 'Repnnted, with permission, from ASTM D2488 - 09a Standard Practice for Descnption and Identification of Soils (Visual -Manual Procedure) copynght ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428 A copy of the complete standard may be obtained from ASTM International www astm org Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado SOIL DESCRIPTION AND LOG KEY August 2017 23-1-01449-002 SHANNON & WILSON, MO 3 Geotechnical and Environmental Consultants 36 FtA-1 Sheet 1 of 3 r ao I- 0 CD w 2z 0 O co U 2013 BORING CLASS2 23-1-01449 (Modified From UNIFIED USACE SOIL Tech CLASSIFICATION 3-357, ASTM SYSTEM D2487, (USCS) and ASTM D2488) Memo MAJOR DIVISIONS GROUP/GRAPHIC SYMBOL I IDENTIFICATIONS TYPICAL COARSE- GRAINED SOILS (more than retained 200 sieve) 50% on No. Gravels (more than 50% of coarse• fraction retained on No 4 sieve) Gravel (less fines) than 5% GW •n S .'' ' I• '� Well -Graded Gravel Well -Graded Gravel with Sand GP d 7 o Cyr? ) o C Poorly Graded Gravel: Poorly Graded Gravel with Sand Silty or Clayey Gravel (more than fines) 12% GM • 1 � Silty Gravel: Silty Gravel with Sand GC Clayey Gravel: Clayey Gravel with Sand Sands (50% or more of coarse fraction passes the No. 4 sieve) Sand (less than 5% fines) SW ,• 0,0,0,0,° ° ° ° °°°•0.000•° ° ° 0 °•° • ° • • • •• ° • • ° 9 • 0 Well -Graded Sand: Well -Graded Sand with Gravel SP .. . . '• "• • • • • — ":• . - • •• Poorly Graded Sand. Poorly Graded Sand with Gravel Silty Clayey (more fines) or Sand than 12% SM /•. .'.: ':/. •.. :::**.7:* • ••• ' . -,. • . : • Silty Sand: Silty Sand with Gravel SC 7 ' :• . • .1 Clayey Sand. Clayey Sand with Gravel FINE-GRAINED passes SOILS (50% or more the No. 200 sieve) Silts and Clays (liquid limit than 50) less Inorganic ML Silt: Silt with Sand or Gravel: Sandy or Gravelly Silt CL A Lean Clay: Lean Clay with Sand or Gravel: Sandy or Gravelly Lean Clay Organic OL Organic Silt or Clay: Organic Silt or Clay with Sand or Gravel Sandy or Gravelly Organic Silt or Clay — _ �= — Silts and Clays (liquid limit 50 more) or Inorganic MH Elastic Silt: Elastic Silt with Sand or Gravel: Sandy or Gravelly Elastic Silt CH �, Fat Clay: Fat Clay with Sandy or Gravelly Fat Sand or Gravel: Clay - Organic OH /// /i �// Organic Silt or Clay: Organic Silt or Clay with Sand or Gravel. Sandy or Gravelly Organic Silt or Clay ORGANIC SOILS Primarily color, organic matter. dark in and organic odor PTLILIL= wJ Peat or other highly organic soils (see ASTM D4427) NOTE: No. 4 size = 4.75 mm = 0.187 in.: No. 200 size = 0.075 mm = 0.003 in. NOTES 1. Dual symbols (symbols separated by a hyphen, i e., SP-SM, Sand with Silt, are used for soils with between 5% and 12% fines or when the liquid limit and plasticity index values plot in the CL -ML area of the plasticity chart. Graphics shown on the logs for these soil types are a combination of the two graphic symbols e.g., SP and SM). 2. Borderline symbols (symbols separated by a slash. i.e., CL/ML, Lean Clay to Silt; SP-SM/SM, Sand with Silt to Silty Sand) indicate that the soil properties are close to the defining boundary between BID N O tWg6t50O§. Weld County Road 53 over the S. Platte River Bridge Replacement Weld County, Colorado SOIL DESCRIPTION AND LOG KEY August 2017 23-1-01449-002 SHANNON & WILSON, IP�e 87F :A-1 Geotechnical and Environmental Consultants Sheet 2 of 3 N- CD 1- 0 w a 0 co cr N cn cn O m° 0 Bioturbated Diamict Cuttings GRADATION TERMS Poorly Graded Well -Graded Narrow range of grain sizes present or. within the range of grain sizes present, one or more sizes are missing (Gap Graded). Meets criteria in ASTM D2487. if tested. Full range and even distribution of grain sizes present. Meets criteria in ASTM D2487. if tested. CEMENTATION TERMS' Weak Moderate Strong Crumbles or breaks with handling or slight finger pressure Crumbles or breaks with considerable finger pressure Will not crumble or break with finger pressure PLASTICITY2 APPROX. PLASITICTY INDEX DESCRIPTION VISUAL -MANUAL CRITERIA RANGE Nonplastic Low Medium High A 1/8 -in. thread cannot be rolled < 4 at any water content. A thread can barely be rolled and 4 to 10 a lump cannot be formed when drier than the plastic limit. A thread is easy to roll and not 10 to 20 much time is required to reach the plastic limit. The thread cannot be rerolled after reaching the plastic limit. A lump crumbles when drier than the plastic limit. It take considerable time rolling > 20 and kneading to reach the plastic limit. A thread can be rerolled several times after reaching the plastic limit. A lump can be formed without crumbling when drier than the plastic limit. ADDITIONAL TERMS Mottled Irregular patches of different colors. Soil disturbance or mixing by plants or animals. Nonsorted sediment: sand and gravel in silt and/or clay matrix. Material brought to surface by drilling. Slough Material that caved from sides of borehole. Sheared Disturbed texture. mix of strengths. PARTICLE ANGULARITY AND SHAPE TERMS' Angular Subangular Subrounded Rounded Sharp edges and unpolished planar surfaces. Similar to angular. but with rounded edges. Nearly planar sides with well-rounded edges. Smoothly curved sides with no edges. Flat Width/thickness ratio > 3. Elongated Length/width ratio > 3. ACRONYMS AND ABBREVIATIONS ATD Diam. Elev. ft. FeO gal. Horiz. HSA I.D. in. lbs. MgO mm MnO NA NP O.D. OW pcf PID PMT ppm psi PVC rpm SPT USCS q„ VWP Vert. WOH WOR Wt. At Time of Drilling Diameter Elevation Feet Iron Oxide Gallons Horizontal Hollow Stem Auger Inside Diameter Inches Pounds Magnesium Oxide Millimeter Manganese Oxide N ot Applicable or Not Available N onplastic Outside Diameter Observation Well Pounds per Cubic Foot Photo -Ionization Detector P ressuremeter Test Parts per Million Pounds per Square Inch Polyvinyl Chloride Rotations per Minute Standard Penetration Test U nified Soil Classification System U nconfined Compressive Strength Vibrating Wire Piezometer Vertical Weight of Hammer Weight of Rods Weight STRUCTURE TERMS' Interbedded Laminated Fissured Slickensided Blocky Lensed Homogeneous Alternating layers of varying material or color with layers at least 1/4 -inch thick: singular: bed. Alternating layers of varying material or color with layers less than 1/4 -inch thick: singular: lamination. Breaks along definite planes or fractures with little resistance. Fracture planes appear polished or glossy: sometimes striated. Cohesive soil that can be broken down into small angular lumps that resist further breakdown. Inclusion of small pockets of different soils. such as small lenses of sand scattered through a mass of clay. Same color and appearance throughout. •Reprinted. with permission. from ASTM D2488 - 09a Standard Practice for Description and Identification of Soils (Usual -Manual Procedure) copyright ASTM International. 100 Barr Harbor Drive. West Conshohocken, PA 19428. A copy of the complete standard may be obtained from ASTM International, www.astm.org. Adapted. with permission, from ASTM D2488 - 09a Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). copyright ASTM BITT Barr Harbor Drive. West Conshohocken. PA 19428. A copy of the complete standard may be obtained from ASTM International. www.astm.org. Weld County Road 53 over the S. Platte River Bridge Replacement Weld County. Colorado SOIL DESCRIPTION AND LOG KEY August 2017 23-1-01449-002 SHANNON & WILSON, 1 3 8 F ' A-1 Geotechnical and Environmental Consultants Sheet 3 of 3 U) 0 0 r- 0 N 0 0 ai 0 0) U) a) m 0 J 0 0 CC U) 0) 0 J C a Q 0 a a) CC Co a) Tti a) O m 0 Co C U- N 0 M LU CC a) r- 0 U) 0 0 w 0 w E C a) U - WEATHERING OR ALTERATION TERM DESCRIPTION Fresh No evidence of alteration Slightly Slight discoloration on surface Moderately Discoloring Alteration penetrating well evident; below rock surface Highly Entire rock mass discolored Completely Rock reduced to a soil with relict rock texture JOINT ROUGHNESS COEFFICIENT (JRC) COEFFICIENT DESCRIPTION 14 to 20 VERY ROUGH: Near vertical edges evident 10 to 14 ROUGH: Smooth ridges. surface abrasion 6 to 10 SLIGHTLY ROUGH: Asperities on surface can be felt 2 to 6 SMOOTH: Appears and feels smooth 0 to 2 SLICKENSIDED: Visible polishing. striated surface DISCONTINUITY TERMS FRACTURE - Collective term for any natural break excluding shears.. shear zones, and faults JOINT (JT) - Planar break with little or no displacement FOLIATION JOINT (FJ) or BEDDING JOINT (BJ) - Joint along foliation or bedding INCIPIENT JOINT (IJ) or INCIPIENT FRACTURE (IF) Joint or fracture not evident until wetted and dried: breaks along existing surface RANDOM FRACTURE (RF) - Natural very irregular fracture that does not belong to a set BEDDING PLANE SEPARATION or PARTING - A separation along bedding after extraction from stress relief or slaking FRACTURE ZONE (FZ) - Planar zone of broken rock without gouge MECHANICAL BREAK (MB) - Breaks due to drilling or handling; drilling break (DB), hammer break (HB) SHEAR (SH) - Surface of differential movement evident by presence of slickensides, striations, or polishing SHEAR ZONE (SZ) - Zone of gouge and rock fragments bounded by planar shear surfaces FAULT (FT) - Shear zone of significant extent: differentiation from shear zone may be site -specific BID NO. 18000072 STRENGTH TERM APPROX. UCS (psi x 1000) Very Low <0.7 Low 0.7 to 4 Moderate 4 to 7 Medium High 7 to 15 High 15 to 36 Very High >36 DISCONTINUITY DATA SPACING TERM SPACING Very Wide >10 ft. Wide 3 to 10 ft. Moderately Close 1 to 3 ft. Close 2 in. to 1 ft. Very Close <2 in. APERTURE WIDTH TERM SPACING Very Tight <0.1 mm Tight 0.1 to 0.25mm Partly Open 0.25 to 0.5mm Open 0.5 to 2.5mm Moderately Wide 2.5 to 10mm Wide 10mm to 1 cm Very VVide 1 to 10cm Extremely Wide 10 to 100cm Cavernous m >lm Weld County Road 53 over the S. Platte River Bridge Replacement Weld County, Colorado ROCK CLASSIFICATION AND LOG KEY August 2017 23-1-01449-002 SHANNON & WILSON, r ge 349 off • A-2 Geotechnical and Environmental Consultants Sheet 1 of 2 O C CD O Date: 08-07-2017 Q x a) Q Q t Q a) cr a) Co a) a) O C C) U, a) CU C LL N O LU U rn O O O w 0 r M N LL W BID NO 18000072 ROCK CLASSIFICATION SYMBOLS BEDROCK TYPE Clastic Sedimentary Rocks Carbonate Sedimentary Rocks Evaporite Rocks Extrusive Igneous Rocks Intrusive Igneous Rocks Metamorphic Rocks GRAPHIC SYMBOL Ll U Ll U L AAAA AALAL \\\\\\\\\\ \\\\\\\\\' ROCK NAME Breccia Conglomerate Sandstone Siltstone Claystone Shale Coal Limestone Dolomite **O3 Corral >OOOO 0 O O O < Gypsum • 4 • 0 ' <I N44 A s a ` , N , ' , \ , Halite Calcite Tuff Rhyolite • . • • A • A ■ X X X X X X X X X X X n n n n n n \ A A A A A A. A A A A A A A \ A A A A AA, A A A A A A A A A A A A A a AA AA A A A .1 I 1 t 1 1 • i 7i i 1i Dacite Andesite Basalt Granite I. + + + 4 V P PC‘ J A \nA A A 1. A e.,(. 0- Grano -diorite Diorite Gabbro Marble Quartzite Slate Phyllite Schist Gneiss Weld County Road 53 over the S. Platte River Bridge Replacement Weld County. Colorado ROCK CLASSIFICATION AND LOG KEY August 2017 23-1-01449-002 SHANNON & WILSON, risile? 3 0 ofF8�8.. A-2 Geotech-itcal and Environmental Consultants Sheet 2 of 2 Total Depth 6 5 ft Northing — 391,365 ft Drilling Method Solid -Stem Auger Hole Diam 6 in Top Elevation — 4603 ft Fasting — 262,068 ft Drilling Company Authentic Rod Type AWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset Other Comments MASTER LOG E POCKETPEN 23 1-01449 ( ICR53) GPJ 4/14/17 SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface d matenals and dnlhng methods The stratification lines indicated below ti represent the approximate boundanes between material types and the transition may be gradual 9 inches of asphalt pavement Medium dense, brown, Silty Sand (SM), moist, few gravel A -1-b (0) Alluvium Medium dense, light brown, Well -Graded Sand with Silt (SW-SM), moist, trace gravel Alluvium BOTTOM OF BORING COMPLETED ON 03/15/2017 08 45 65 O E to Cl) of a E to rn t 0 - 0 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 Groundwater Not Encountered Dunng Drilling 5 10 15 20 25 30 35 40 45 Nq� 9 LEGEND Sample Not Recovered I Standard Penetration Test Grab Sample NOTES 1 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 3 Groundwater level if indicated above is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing 5 The hole location was measured from existing site features and should be considered BID N rokii)000072 0 20 40 O % Fines (<0 075mm) ® % Water Content Plastic Limit (--49—i Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -06 August,2017 23-1-01449-002 SHANNON & WILSON, IN6ge Geotechnical and Environmental Consultants e91 FI.8 .3 REV 3 Total Depth 6 5 ft Northing — 392,190 ft Dnlling Method Solid -Stem Auger Hole Dram 6 in Top Elevation - 4594 ft Easting - 262,189 ft Dnlling Company Authentic Rod Type AWJ Vert Datum Station - Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset - Other Comments GPJ 4/14/17 MASTER LOG EPOCKETPEN 23-1-01449 SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface materals and dolling methods The stratification lines indicated below represent the approximate boundanes between material types, and the transition maybe gradual a a) O O E T v) UJ 0 O C O N as Loose, dark brown, Clayey Sand with Gravel (SC), moist, roots in upper 6 inches A-2-6 (0) Alluvium Stiff, dark brown, Sandy Lean Clay (CL), moist Alluvium Loose, light brown, Poorly Graded Sand (SP), moist Alluvium BOTTOM OF BORING COMPLETED ON 03/15/2017 43 58 65 �f! to a) a E to U) C L 10 15 20 25 30 35 40 45 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 -1--K' 40 60 LEGEND Sample Not Recovered I Standard Penetration Test Grab Sample �f Modified California Sampler C NOTES 1 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 3 Groundwater level, if indicated above is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing 5 The hole location was measured from existing site features and should be considered BID N®rulli)31O072 20 40 % Fines (<0 075mm) % Water Content Plastic Limit I--1-1 Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -07 August 2017 23-1-01449-002 SHANNON & WILSON, INCge Geotechnical and Environmental Consultants 392 FIG8A-4 REV 3 N- a_ O of z w a F- w O O a w' c� O it w i- Total Depth 130 5 ft Northing -- 392,648 ft Dnlling Method HSA and Mud Rotary Hole Dam 8 in Top Elevation — 4585 2 ft Easting — 26,240 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station - Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset - Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and drilling methods The stratification lines indicated below represent the approximate boundaries between matenal types and the transition may be gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 Loose to medium dense, brown, Well -Graded Sand (SAO, moist, trace gravel, trace silt Alluvium A- 2 inch lens of silty sand at 1 2 feet ` 3 8 13 3 18 3 38 3 460 483 :•: - : D,,�.` 00 'd" , j j %45 % .1 cT �, v I � omI a, f 4. Q 5 6 10 15 20 25 30 35 40 _ O -_ - Very loose to medium dense, brown to red -brown, Poorly Graded Sand (SP), wet, few gravel Alluvium (1' Heave} Very stiff, blue -gray, Fat Clay (CH), wet, trace gravel, trace sand Alluvium - - Medium dense to very dense, brown to red -brown, Poorly Graded Sand with Gravel (SP), wet, trace silt, occasional cobbles inferred from drill action Alluvium - Interbedded with poorly graded gravel with sand lens at a depth of 23 3 feet - Interbedded with poorly graded gravel with sand lens at a depth of 33 3 feet - (1' Heave} - - (1' Heave} - , _ (1' Heave Stiff to hard, yellow -brown to gray, Lean Clay (CL), wet Alluvium - Silty sand lens from 46 0 to 48 3 feet CONTINUED NEXT SHEET _ 0 20 40 60 LEGEND Sample Not Recovered V Ground Water Level ATD % Fines (<0 075mm) I Standard Penetration Test ® % Water Content ® N Modified California Sampler Plastic Limit I I Liquid Limit Natural Water Content NOTES Weld County Road 53 over the 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count S Platte River Bridge Replacement Weld County, Colorado 2 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level, if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING Sal -08 August 2017 23-1-01449-002 BIEr aPprhi t8" i g was measured from existing site features and should be considered `{J SHANNON & WILSON, IPflege Geotechnical and Environmental Consultants E93IR :1- :A-5 Sheet 1 of 3 >95 LL=70 REV3 Total Depth 130 5 ft Northing — 392.648 ft Dnlling Method HSA and Mud Rotary Hole Dram 8 in Top Elevation — 4585 2 ft Easting — 26,240 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments N - MASTER LOG EPOCKETPEN 23-1 01449 (WCR53)GPJ 4/ t SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and doling methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition maybe gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 0 60 Stiff to hard, Lean Clay (CL) (continued) - Silty sand lens encountoured at 50 5 feet to 53 3 feet 50 5 53 3 sfi 4 68 3 73 3 j 0 - • —� . S S H H H H H IS„ 55 60 65 70 75 80 85 90 95 - _ _ _ - - - _ . • _ ___ _ Medium dense, gray, Clayey Sand (SC), wet '-\Alluvium /- Medium dense, brown to yellow -brown, Poorly Graded SAand (SP), wet Alluvium - 3 inch seam of lean clay encountered 71 1 feet -__ - - --' - u. (1O` t)leave) - ; _ - Medium dense to dense, brown to yellow -brown and gray, Well -Graded Sand to Well -Graded Sand with Gravel (SW), wet, trace to few silt Alluvium - Grading to poorly graded sand at 80 feet - Cobbles inferred from drill action at 84 feet - Cobbles inferred from drill action at 90 feet - Grading to poorly graded gravel at 91 4 feet $ - Denotes overpacked sample CONTINUED NEXT SHEET _ _ ;. (3' Heave.$ ) _ _ __ - -! - - - - _ i (7" Heave) _ _ - - - t t - - _ - _ _ LEGEND Sample Not Recovered I Standard Penetration Test Modified California Sampler SZ Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface matenals 4 Groundwater level, if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing BI� roic RipFatwg was measured from existing site features and should be considered 0 20 40 % Fines (<0 o75mm) M % Water Content Plastic Limit I --E --1 Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -08 August 2017 23-1-01449-002 SHANNON & WILSON, I14 ge Geotechnical and Environmental Consultants 394 FI ;A-5 Sheet 2 of 3 REV 3 Total Depth 130 5 ft Northing - 392,648 ft Drilling Method HSA and Mud Rotary Hole Diam 8 in Top Elevation — 4585 2 ft Fasting — 26,240 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface 4= o -O m 2 a -o = _E m PENETRATION RESISTANCE (blows/foot) ® Hammer Wt & Drop 140 lbs /30 inches matenals and dnlling methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition maybe gradual o_ , E 2 0 - 0 20 40 60 Medium dense to dense, Well -Graded Sand to Well -Graded Sand with Gravel (SW) (continued) : -� - (8" Heave}. - - Cobbles inferred from drill action at 107 feet 105 CLAYSTONE very low strength, blue -gray, 109 0 -\\ a 110 I slightly weathered to fresh (Laramie Formation) Lean Clay trace to few \\\ \\\ __ �' 90/9° [Hard, (CL), moist, sand I \\\ "` \\\ \\\ \\\ 115 120 \\\ \\\ �� 97/9" \\\ \\\ \\\ N 125 130 - BOTTOM OF BORING COMPLETED ON 2/8/2017 1 1305"1 d= 135 ® 5U/b'" 140 145 r- 0 20 40 60 LEGEND Sample Not Recovered Z Ground Water Level ATD % Fines (<0 075mm) o I Standard Penetration Test ® % Water Content I;•1 Modified California Sampler Plastic Limit ® I Liquid Limit Natural Water Content u. 4 NOTES Weld County Road 53 over the A 1 The observed thickness of heave (greater than 6 inches) is noted next to the drive w sample blow count z S Platte River Bridge Replacement Weld County, Colorado a 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and w definitions U 3 The discussion in the text of this report is necessary for a proper understanding of the a- nature of the subsurface materials w 4 Groundwater level if indicated above is for the date specified and may vary 9 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -08 August 2017 23-1-01449-002 g Li w h�g��iq Bl� ri<YYd(�"rg a 2 was measured from existing site features and should be considered SHANNON & WILSON, IFtge Geotechnical and Environmental Consultants 395 El c^:�-� Sheet 3 of 3 REV 3 Total Depth 125 8 ft Northing — 392,750 ft Dnlling Method HSA and Mud Rotary Hole Diam 8 in Top Elevation — 4585 1 ft Easting — 262,254 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments r- -7. ..zr r. NT - o_ O m ce 0 co a 0 el z w a w Y 0 0 a w 0 0 J o: w a SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface materals and dnlhng methods The stratification lines indicated below represent the approximate boundaries between material types, and the transition may be gradual Loose, dark brown, Poorly Graded Sand with 1 Silt (SP-SM), moist, trace of gravel and roots Alluvium Loose to medium dense, brown to light brown, Poorly Graded Sand with Gravel (SP), moist to wet Alluvium - 1 -inch clayey sand lens from 21 2 feet - Grading to well -graded sand with gravel at a depth of 30 feet Very stiff, brown to orange brown, Lean Clay with Sand (CL), wet, iron oxide staining Alluvium Very loose to medium dense, brown to gray, Silty Sand (SM), wet Alluvium CONTINUED NEXT SHEET v _c- a a) 0 12 35 8 45 8 O 0 E >, rA a cn (i) a E m to 7)1 Cl to v cn I During Drilling jQ c `m o -.-- 2 -c a a) 0 10 15 20 25 30 35 40 45 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 6 I Q i __ (1' Heave) - __ 1 LEGEND Sample Not Recovered I Standard Penetration Test M Modified California Sampler SZ Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing Bib measured from existing site features and should be considered blolpfroidthat 0 20 40 O % Fines (<0 075mm) ® % Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -09 August 2017 23-1-01449-002 SHANNON & WILSON, II) ge 396F :A-6 Geotechnical and Environmental Consultants Sheet 1 of 3 REV 3 Total Depth 125 8 ft Northing — 392,750 ft Dulling Method HSA and Mud Rotary Hole Dram 8 /n Top Elevation — 4585 1 ft Easting — 262,254 ft Dulling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Drill Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments GPJ 4114/17 MASTER LOG E POCKETPEN 231-01449 SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnlbng methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition maybe gradual L a) a) 0 .D E T Cl) a) a E to Cl) c w m m 2 .C. - CL a) 0 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 Very loose to medium dense, Silty Sand (SM) (continued) - Occasionally interbedded with thin lean clay lenses Medium dense, brown, Poorly Graded Sand with Gravel (SP), wet, trace silt Alluvium - Occasional cobble inferred from drill action from 82 feet to 86 feet CONTINUED NEXT SHEET 80 8 in 0) I 55 60 65 70 75 80 85 90 95 LEGEND Sample Not Recovered I Standard Penetration Test M Modified California Sampler Z Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level, if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing Blb a/ehip►eap:aLog was measured from existing site features and should be considered Vlolproidittaft.0-' 0 20 40 O % Fines (<0 075mm) Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -09 August 2017 23-1-01449-002 SHANNON & WILSON, INCge Geotechnical and Environmental Consultants 397R t- :A-6 Sheet 2 of 3 REV 3 a c0 U, C z w a I- 0 O a w O O U, w U) Total Depth 125 8 ft Northing — 392,750 ft Dnlling Method Company Rig Equipment Comments HSA and Mud Rotary Hole Diam Rod Type Hammer Type 8 /n Top Elevation — 4585 1 ft Easting — 262,254 ft Drilling Authentic AWJ/NWJ Vert Datum Station — Dnll CME 750x Buggy Automatic Horiz Datum Offset -- Other SOIL DESCRIPTION Refer to the report text fora proper understanding of the subsurface matenals and dnlhng methods The stratification lines indicated below represent the approximate boundanes between matenal types, and the transition maybe gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION A Hammer Wt 0 20 RESISTANCE (blows/foot) & Drop 140 lbs /30 inches 40 60 Medium dense, Poorly Graded Sand with Gravel (SP) (continued) - Occasional cobble inferred from drill action from 102 feet to 108 feet 1080\` 125 8, S SX S X IS_,o 105 110 115 120 125 130 135 140 145 <> -_{ - ' _ __ -- "-_ I __ - CLAYSTONE very low strength, gray, fresh (Laramie Formation) [Hard, Lean Clay with Sand (CL), moist ] \\\ \\\ \\\ \\\ \\\ \\\ ... \\\ .. _ _ _� _ _ I _ • a - - 50/5"i - --. ID 50% 7 ® - - -_ 50t4 . "e - - __. BOTTOM OF BORING COMPLETED ON 2/10/2017 _ - i - -- _ I i LEGEND Level ATD next to the dnve and understanding of the may vary lab testing be considered 0 20 40 60 % Fines (<0 075mm) ® % Water Content * Sample Not Recovered V. Ground Water I Standard Penetration Test 4 Modified California Sampler NOTES Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado 1 The observed thickness of heave (greater than 6 inches) is noted sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations definitions 3 The discussion in the text of this report is necessary for a proper nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and 5 USCS designation is based on visual -manual classification and selected Bib 2 was measured from existing site features and should 'Jr"""'—' — -- LOG OF BORING SW -09 August 2017 23-1-01449-002 SHANNON WILSON, I e Geotechnical and Environmental Consultants — 398 e Sheet3 3 of REV3 N- • a C7 ce 3 4 z ro w O 0 CL 0 it w a Total Depth 130 4 ft Northing — 392.836 ft Dnlling Method HSA and Mud Rotary Hole Diem 8 in Top Elevation — 4584 ft Easting — 262,286 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Drill Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text fora proper understanding of the subsurface materials and drilling methods The stratification lines indicated below represent the approximate boundaries between matenal types and the transition may be gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 Very loose, brown, Poorly Graded Sand (SP), moist to wet, trace gravel, trace silt Alluvium - Clay lens inferred from drill action from 9 to 9 5 feet 1 15 8 35 8 45 8 4 H H H ISzI IS m C o 0 5 o 10 15 20 25 30 35 40 45 OA � _ _ _ _ - (2 Heave) I - - - - _ - Medium dense to dense, brown, Well -Graded Sand with Gravel (SW), wet, trace silt Alluvium - Occasional cobbles inferred from drill action from 26 to 28 feet Q V - - - _ (3' i -leave) _ _ _ Very stiff, yellow -brown to gray, Lean Clay (CL), wet, trace sand, iron oxide staining Alluvium - - Medium dense, brown, Silty Sand (SM), wet Alluvium CONTINUED NEXT SHEET $ 0 20 40 60 LEGEND Sample Not Recovered VGround Water Level ATD % Fines (<0 075mm) I Standard Penetration Test 0 % Water Content 4 Modified California Sampler Plastic Limit l--f19--I Liquid Limit Natural Water Content NOTES Weld County Road 53 over the 1 The observed thickness of heave (greater than 6 inches) is noted next to the drive sampleblowcount S Platte River Bridge Replacement Weld County, Colorado 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level, if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -10 August 2017 23-1-01449-002 B,� %rok�M�t�"' g was measured from existing site features and should be considered " ilift " SHANNON & 1MLSON, INege Geotechnical and Environmental Consultants 499 F1 :A-7 Sheet 1 of 3 REV 3 Total Depth 130 4 ft Northing — 392,836 ft Dnlling Method NSA and Mud Rotary Hole Diam 8 in Top Elevation — 4584 ft Easting — 262,286 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Drill Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text fora proper understanding of the subsurface materials and dnlling methods The stratification lines indicated below represent the approximate boundaries between material types and the transition maybe gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION RESISTANCE (blowsifoot) m Hammer Wt 8i Drop 140 lbs /30 inches 0 20 40 60 Stiff to very stiff, gray, Sandy Lean Clay (CL), wet Alluvium - 2 inch lens of silty sand at 50 8 feet 50 4 60 8 658 75 8 95 8 j : . ' ' ' • c,.)95 o Q o O N ,� _ � 55 65 70 75 80 85 90 - -- -- __ _ ___ _ _ _ _ __ Medium dense, gray, Silty Sand (SM), wet Alluvium I _- _ - - - - Medium dense, brown, Poorly Graded Sand with Silt (SP-SM), wet Alluvium 1 - - --- -- --- - Medium dense, red -brown, Well -Graded Sand (SW), wet, trace gravel, trace silt Alluvium - Cobbles inferred from drill action at 92 feet (14" Heave) ('t0" Heave ) i I _ i _ -- - - - - - -- - CONTINUED NEXT SHEET CC MASTER LOG E POCKETPEN 23 1-01449 LEGEND Sample Not Recovered I Standard Penetration Test 4 Modified California Sampler SZ Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface matenals 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing BI� hloigl tqg was measured from existing site features and should be considered o 0 20 40 % Fines (<0 075mm) % Water Content Plastic Limit F---i-I Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -10 August 2017 23-1-01449-002 SHANNON & WILSON, INege400Fj -:A-7 Geotechnical and Environmental Consultants Sheet 2 of 3 REV 3 Total Depth 130 4 ft Northing — 392.836 ft Dnlling Method Dnlling Company Dnll Rig Equipment Other Comments HSA and Mud Rotary Hole Diam Type Type 8 In , Top Elevation -- 4584 ft Fasting — 262,286 ft Authentic Rod AWJ/NWJ Vert Datum Station — CME 750x Buggy Hammer Automatic Horiz Datum Offset — SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnling methods The stratification lines indicated below represent the approximate boundanes between matenal types, and the transition maybe gradual = Ya 0 o -0 , m a E -o S 42 2 to (0 > - a 0) PENETRATION ® Hammer Wt 0 20 RESISTANCE & Drop 140 lbs (blows/foot) /30 riches 40 60 Medium dense yellow -brown to gray, Poorly Graded Gravel with Sand (GP), wet, trace silt, occasional cobbles inferred from drill action Alluvium 1090 130 4" o1 O C °O ° 3 )43 ( °O ' N � °' v. •,= 105 110 115 120 125 130 135 140 145 _{7 5" Heave} I , _ - -- - ' - - - - CLAYSTONE very low strength, blue -gray, fresh (Laramie Formation) [Hard, Lean Clay (CL), wet, trace to few sand ] \\\ \\\ \\\ \\\ �� \\\\\\ \\\ \\\ \\\ ' ® - 94/9" - - - bu/b' - - -- ® -- - - 5rjm - BOTTOM OF BORING COMPLETED ON 2/10/2017 h- _ - - 5 LEGEND Level ATD next to the drive abbreviations and understanding of the may vary lab testing be considered 0 20 O ® Plastic Limit Natural 40 % Fines (<0 075mm) % Water Content 60 Limit v Sample Not Recovered Q Ground Water a cl I Standard Penetration Test " N Modified California Sampler Ti - NOTES 4 I ] Liquid Water Content Weld County Road 53 over S Platte River Bridge Replacement Weld County, Colorado the A 1 The observed thickness of heave (greater than 6 inches) is noted N sample blow count z a 2 Refer to Figures A-1 and A-2 for explanation of symbols codes w definitions Pnecessaryproper 0 3 The discussion in the text of this report is for a ro er o_ nature of the subsurface materials Li, 4 Groundwater level if indicated above, is for the date specified and o 5 USCS designation is based on visual -manual classification and selected ix ILE BID k r..r Oi%g was measured from existing site features and should p p� �p� LOG OF BORING SW August 2017 23-1-01449-002 -1 0 SHANNON & WILSON, Ir e Geotechnical and Environmental Consultants 401 ' :A-7 Sheet of 3 REV 3 Total Depth 140 5 ft Northing — 393.058 ft Dnllrng Method Top Elevation — 4592 6 ft Easting — 262,349 ft Dnlling Company Vert Datum Station — Dnll Rig Equipment Honz Datum Offset — Other Comments Hollow -Stem Auger Hole Dram 8 in Authentic Rod Type AWJ CME 75 Truck Hammer Type Automatic SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnllmg methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition may be gradual eL a) 0 -C E T u) 0 o o c aN s to a) O E to fn -o c o O CD S 0 a) 4 inches of asphalt over 9 inches of reinforced concrete bridge deck Void South Platte River at time of drilling Loose to medium dense, brown to gray, Poorly Graded Sand with Silt (SP-SM), wet, trace of gravel Alluvium Very stiff to hard, gray, Fat Clay (CH), wet, trace to few sand Alluvium Sand with varing silt and gravel content Alluvium - No sampling in overburden below a depth of 35 feet based on limitations of drilling method CONTINUED NEXT SHEET 03 11 11 4 127 24 5 30 8 000 3 75 During Drilling II< 5 10 15 20 25 30 35 40 45 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 0 m q Co a w O 0 a 0 w LEGEND • Sample Not Recovered I Standard Penetration Test H Modified California Sampler V Ground Water Level ATD NOTES 1 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 3 Groundwater level if indicated above is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing 5 The hole location was measured from existing site features and should be considered BID N o1iB006072 0 20 40 O % Fines (<0 o75mm) ® % Water Content Plastic Limit Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -11 August 2017 23-1-01449-002 SHANNON & WILSON, Ill ge 402R A-8 Geotechnical and Environmental Consultants Sheet 1 of 3 87 LL=62 REV 3 r• a CD La m 4 z w a F- w O O O o_ w 0 o: I - Total Depth 140 5 ft Northing — 393,058 ft Dniling Method Hollow -Stem Auger Hole Dam 8 in Top Elevation — 4592 6 ft Easting — 262,349 ft Dnlling Company Authentic Rod Type AWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnling methods The stratification lines indicated below represent the approximate boundanes between material types, and the transition may be gradual Depth, ft Symbol Pocket Pen , tsf Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) m Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 No Sampling CONTINUED NEXT SHEET • ' 55 60 65 70 75 80 85 90 95 -- - - 0 20 40 60 LEGEND * Sample Not Recovered ZGround Water Level ATD % Fines (<0 075mm) I Standard Penetration Test ® % Water Content N Modified California Sampler Plastic Limit I --W-1 Liquid Limit Natural Water Content NOTES Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado 1 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the of the subsurface materials 3 Groundwater level, if indicated above, is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -11 August 2017 23-1-01449-002 5 The hole location was measured from existing site features and should be considered BID Par010306072 SHANNON & WILSON, ligege403Ff:1-:A'8 Geotechnical and Environmental Consultants Sheet 2 of 3 REV 3 Total Depth 140 5 ft Northing - 393,058 ft Dnlling Method Hollow -Stem Auger Hole Diam 8 in Top Elevation — 4592 6 ft Easting — 262,349 ft Dnlling Company Authentic Rod Type AWJ Vert Datum Station — Drill Rig Equipment CME 75 Truck Hammer Type Automatic Honz Datum Offset — Other Comments GPJ 4/14/17 a, 3 MASTER LOG E POCKETPEN 23-1-01449 SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnling methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition maybe gradual a a) 0 E T II Z2 U C O N as a) a E m to C o m co S _ a a) PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 1401bs/30 inches 0 20 40 60 No Sampling - Cobbles inferred from drill action from 101 to 102 feet - Cobbles inferred from drill action from 106 to 107 feet - Top of bedrock inferred from drill action CLAYSTONE very low strength, gray, slightly weathered to fresh, occasional interbedded SANDSTONE (Laramie Formation) [Hard, Sandy Lean Clay (CL), moist to wet ] - Fresh bedrock encountered at a depth of 125 feet BOTTOM OF BORING COMPLETED ON 03/13/2017 105 110 115 120 125 130 135 140 145 t i _ 50/5" 50/5 5014" O I 50/4 b(J/b LEGEND Sample Not Recovered I Standard Penetration Test M Modified California Sampler V Ground Water Level ATD NOTES 1 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 3 Groundwater level, if indicated above is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing 5 The hole location was measured from existing site features and should be considered BID N M8,300072 20 40 O % Fines (<0 075mm) • % Water Content Plastic Limit I-0-1 Liquid Limit Natural Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -11 August 2017 23-1-01449-002 SHANNON & WILSON, Illitege 404H :A-8 Geotechnical and Environmental Consultants Sheet 3 of 3 REV 3 v 0 rn 4 w a F - w O O a (I) 0 is w Total Depth 149 3 ft Northing — 393,149 ft Dnlling Method HSA and Mud Rotary Hole Dam 8 in Top Elevation — 4592 5 ft Easting — 262,362 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station - Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnlhng methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition maybe gradual .c cm Oi Symbol Pocket Pen , tsf Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot)': A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 ; 4 inches of asphalt over 9 inches of \reinforced concrete bridge deck ` 0 3 1 1 11 0 14 5 23 8 26 8 I r . 25 N O -(,I(-;I• t NI n I I �T 5 10 Q m o - - - Void — South Platte River at time of drilling ® d - _ _ Very loose to loose, brown to gray, Poorly Graded Sand with Gravel (SP), wet, trace to few silt Alluvium - - - - Very stiff, blue to gray, Sandy Lean Clay (CL), wet -\Alluvium _ _ Sand with varing silt and gravel content Alluvium - No sampling in overburden below a depth of 40 feet based on limitations of drilling method CONTINUED NEXT SHEET .._ _ -AINNt\2:1 - 0 20 40 60 LEGEND * Sample Not Recovered ZGround Water Level ATD O % Fines (<0 075mm) NI Grab Sample ® % Water Content I Standard Penetration Test Plastic Limit �I Liquid Limit• N Modified California Sampler Natural Water Content t NOTESi Weld County Road 53 over the 1 Grab samples G-1 and G-2 were obtained from the S Platte River bank 50 feet downstream of the boring location S Platte River Bridge Replacement Weld County, Colorado y 2 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing py p± LOG OF BORING Sx'1/,w/ 712 August 2017 23-1-01449-002 a BIEJ D9rhfcMYd(�'ur g was measured from existing site features and should be considered blipic�5tif�"�' SHANNON & WILSON, Iblege Geotechnical and Environmental Consultants 405 Rez8A-9 Sheet 1 of 3 REV 3 0 0 z w 0- 0 O a L11 O O Ui w Total Depth 149 3 ft Northing — 393,149 ft Dnlling Method HSA and Mud Rotary Hole Diam 8 in Top Elevation — 4592 5 ft Easting — 26Z362 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION I Refer to the report text for a proper understanding of the subsurface matenals and dnllrng methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition may be graduaL Depth, ft Ti a E to Pocket Pen , tsf Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) ® Hammer Wt & Drop 140 lbs / 30 inches 0 20 40 60 No Sampling - Cobble inferred from drill action from 97 to 98 feet CONTINUED NEXT SHEET _ i• 55 60 65 70 75 80 85 90 95 I I . I - - - i - - { _ _ I _ _ - - , 0 20 40 60 LEGEND * Sample Not Recovered SL Ground Water Level ATD % Fines (<0 075mm) CCl Grab Sample 8 % Water Content Plastic I Standard Penetration Test Limit Liquid Limit Modified California Sampler Natural Water Content NOTES Weld County Road 53 over the 1 Grab samples G-1 and G-2 were obtained from the S Platte River bank 50 feet downstream of the boring location S Platte River Bridge Replacement Weld County, Colorado 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -12 August 2017 23-1-01449-002 Biel *T�erhp{�Jprg(tgg was measured from existing site features and should be considered S ic(�✓�" SHANNON & WILSON, IPf ge Geotechnical and Environmental Consultants 406 �� :'' :A -9 Sheet 2 of 3 REV 3 Total Depth 149 3 ft Northing — 393,149 ft Dnlling Method HSA and Mud Rotary Hole Diam 8 in Top Elevation — 4592 5 ft Easting — 262,362 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text fora proper understanding of the subsurface matenals and dnlling methods The stratification lines indicated below represent the approximate boundaries between matenal types and the transition may be gradual 4= s a t� o 9.x g, u)n _ . o c c a E fn c, = S _c 2 to a- O PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs / 30 inches 0 20 40 60 No Sampling - Top of bedrock inferred from drill action 1165\ 149 3 • • • \\\ \\\ \\\ �� \\\ \\\ \\\ �� \\\ \\\ \\\ \\\ \\\ \,,,,, \\\ - - (� I Nib w= �� co '7= U) 105 110 115 120 125 130 135 140 145 - _ _ - CLAYSTONE very low strength, gray, fresh (Laramie Formation) [Hard, Lean Clay (CL), moist, trace sand ] BOTTOM OF BORING COMPLETED ON 3/14/2017 ! - . 50/a"_ I 5015" 0 - 50/45" 50/6" - - ® - - 5014" j 50/6" __ _ i _ _ I 50/3" r 0 20 40 60 17. LEGEND v Sample Not Recovered SZ Ground Water Level ATD O % Fines (<0 075mm) 0 ;C' Grab Sample ® % Water Content F2 I Standard Penetration Test Plastic Limit I ® I Liquid Limit CC Natural Water Content M Modified California Sampler E NOTES Weld County Road 53 over the m 1 Grab samples G-1 and G-2 were obtained from the S Platte River bank 50 feet N downstream of the boring location z S Platte River Bridge Replacement Weld County,Colorado a 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and w definitions The discussion in the text of this report is necessary for a proper understanding of the as nature of the subsurface materials tu o 4 Groundwater level if indicated above is for the date specified and may vary 0 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -123 August 2017 23-1-01449-002 w was measured from existing site features and should be considered . BIu '' S'9g a ro SHANNON WILSON, I e Geotechnical and Environmental Consultants 407 F1 8A-9 Sheet 3 of 3 REV3 Total Depth 124 8 ft Northing — 393,444 ft Dnlling Method HSA and Mud Rotary Hole Diam 8 in Top Elevation — 4587 7 ft Easting — 262,372 ft Dulling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments n SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface matenals and dnling methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition may be gradual Medium dense, light to dark brown, Poorly Graded Sand with Silt (SP-SM), trace to few gravel Fill Loose to dense, brown to red -brown, Poorly Graded Sand with Silt and Gravel (SP-SM), wet Alluvium - Concrete debris from 3 0 to 3 5 feet also observed scattered around surface - Loose, dark gray, silty sand lens encountered at 63 to 83 feet Stiff, dark gray, Lean Clay (CL), moist, trace sand Alluvium Medium dense to dense, brown to red -brown, Well -Graded Sand (SW), wet, trace to few gravel, trace to few silt Alluvium Medium dense, yellow -brown to gray, Clayey Sand (SC) to very stiff, Sandy Lean Clay (CL), wet Alluvium Stiff to hard, gray, Fat Clay (CH), moist, trace sand, yellow -brown in upper 5 feet Alluvium CONTINUED NEXT SHEET v • Sample Not Recovered -, O I Standard Penetration Test 4 Modified California Sampler re MASTER LOG E POCKETPEN 231-01449 LEGEND V Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing Bib or=p5iy2 was measured from existing site features and should be considered v c m` O -c a N O 10 15 20 25 30 35 40 45 PENETRATION RESISTANCE (blowsifoot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 20 40 60 O % Fines (<0 075mm) % Water Content Plastic Limit I-46-1 Liquid Limit Natural Water Content Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -13 August 2017 23-1-01449-002 SHANNON & WILSON, IIVEge 40FIG2i6ei0 Geotechnical and Environmental Consultants Sheet 1 of 3 REV 3 Total Depth 124 8 ft Northing — 393,444 ft Drilling Method HSA and Mud Rotary Hole Dam 8 in Top Elevation — 4587 7 ft Easting -- 262,372 ft Dnlling Company Authentic Rod Type AWJ/NWJ Vert Datum Station — Dnll Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface materials and drilling methods The stratification lines indicated below represent the approximate boundaries between material types, and the transition may be gradual u, a) d E to C 2 O 0 20 40 60 a a) PENETRATION RESISTANCE (blows/foot) Hammer Wt & Drop 140 lbs /30 inches Stiff to hard, Fat Clay (CH), (continued) Dense, yellow -brown to gray, Silty Sand (SM), wet Alluvium Medium dense, brown to gray, Poorly Graded Sand (SP), wet, trace to few silt Alluvium Medium dense to very dense, red -brown, Poorly Graded Sand with Gravel (SP), wet, occasional lens of poorly graded sand with silt Alluvium - Cobbles inferred from drill action at 83, 87, and 90 feet - Denotes overpacked sample CONTINUED NEXT SHEET 65 8 72 3 77 3 I UI UI 55 60 65 70 75 80 85 90 95 6" H Rd 97 LL=74 1 Q 0 N R LOG E POCK Q LEGEND Sample Not Recovered I Standard Penetration Test, IX! Modified California Sampler SZ Ground Water Level ATD NOTES 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 55 USCS..ppdde�esiignation is based on visual -manual classification and selected lab testing Bib rafted( was measured from existing site features and should be considered 60 20 40 O % Fines (<o o75mm) ® % Water Content Plastic Limit I O I Liquid Limit Natural Water Content Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -13 August 2017 23-1-01449-002 SHANNON & WILSON, Irwiege 40 G2A-1 Geotechnical and Environmental Consultants Sheet 2 of 3 REV 3 o_ m m z w 0- 0 w 0- 0 in w i- Total Depth 124 8 ft Northing — 393,444 ft Drilling Method NSA and Mud Rotary Hole Diam 8 in Top Elevation — 4587 7 ft Easting •- 262,372 ft Dulling Company Authentic Rod Type AWJ/NWJ Vert Datum Station -• Drill Rig Equipment CME 750x Buggy Hammer Type Automatic Horiz Datum Offset -• Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface materials and dnllmg methods The stratification lines indicated below represent the approximate boundanes between material types, and the transition maybe gradual Depth, ft Symbol Samples Ground Water Depth, ft PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs / 30 inches D 20 40 60 Medium dense to very dense, Poorly Graded Sand with Gravel (SP) (continued) 1048'- 116 0 124 8 ; ; \\\ -\\\ \\\ \\\ -\\\ S -22 H, 5Ho H 105 110 115 120 125 130 135 140 145 I - - _ _ \ - I - - - f Very dense, yellow -brown, Poorly Graded Sand (SP), wet, trace gravel Possible Cobble - - - - - . - - - 50/6 5"A i - - - - ® - - -- 50f4°°. CLAYSTONE very low strength, gray, slightly weathered to fresh (Laramie Formation) [Hard, Lean Clay (CL), moist ] _ - 1 ) 98/9°A BOTTOM OF BORING COMPLETED ON 2/7/2017 _ _ _ - 0 20 40 60 LEGEND * Sample Not Recovered SZ Ground Water Level ATD O % Fines (<0 075mm) I Standard Penetration Test ® % Water Content Plastic Modified California Sampler Limit ® I Liquid Limit Natural Water Content NOTES Weld County Road 53 over the 1 The observed thickness of heave (greater than 6 inches) is noted next to the dnve sample blow count S Platte River Bridge Replacement Weld County, Colorado 2 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and definitions 3 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 4 Groundwater level if indicated above is for the date specified and may vary 5 USCS designation is based on visual -manual classification and selected lab testing LOG OF BORING SW -13 August 2017 23-1-01449-002 Bib a rhicRrYsS�+`r? was measured from existing site features and should be considered `af k�{�+`r SHANNON WILSON, 'Nage Geotechnical and Environmental Consultants 41 2A-10 Sheet 3 of 3 REV 3 Total Depth 6 5 ft Northing — 393.900 ft Dnlling Method Solid -Stem Auger Hole Diam 6 in Top Elevation — 4592 4 ft Easting — 262,468 ft Dnlling Company Authentic Rod Type AWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset — Other Comments SOIL DESCRIPTION Refer to the report text fora proper understanding of the subsurface matenals and dnlhng methods The stratification lines indicated below represent the approximate boundanes between matenal types and the transition may be gradual _c- 5_ 0 o -a co 2 u) o. E 03 -oPENETRATION � _:§ z 2 m a (0 RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs / 30 inches 0 20 40 60 -\8 inches of asphalt pavement /- 0 7 6 5 in co m `o o, a 2, 5 o Ej in z 10 d a C7 15 20 25 30 35 40 45 I I Dense to very dense, dark brown, Poorly Graded Sand with Clay (SP -SC), moist, few to little gravel A-2-6 (0) Alluvium - , 9 I _ - i BOTTOM OF BORING COMPLETED ON 03/15/2017 h- - - 0 20 40 60 27. LEGEND -, Sample Not Recovered O % Fines (<0 075mm) 'o (7 I Standard Penetration Test ® % Water Content ccc ® Grab Sample Plastic Limit I ® I Liquid Limit c Natural Water Content sr 4 CO NOTES Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado E 1 Refer to Figures A-1 and A-2 for explanation of symbols codes abbreviations and i- definitions w 6 2 The discussion in the text of this report is necessary for a proper understanding of the a nature of the subsurface materials U., 3 Groundwater level, if indicated above, is for the date specified and may vary 9 4 USCS designation is based on visual -manual classification and selected lab testing BORING is YY LOG OF G BORINSW-14 August 2017 23-1-01449-002 cc 5 The hole location was measured from existing site features and should be considered u) BID Nl rok6300072 2 SHANNON & WILSON, IN ge Geotechnical and Environmental Consultants 411 29501 1 REV 3 Total Depth 6 5 ft Northing — 394,683 ft Drilling Method Solid -Stem Auger Hole Diam 6 in Top Elevation — 4593 2 ft Easting — 262,348 ft Dnlling Company Authentic Rod Type AWJ Vert Datum Station — Dnll Rig Equipment CME 75 Truck Hammer Type Automatic Horiz Datum Offset Other Comments SOIL DESCRIPTION Refer to the report text for a proper understanding of the subsurface materials and drilling methods The stratification lines indicated below represent the approximate boundaries between material types and the transition may be gradual a a) O E to a) a) a E co u) U C a) -, O a. a) 8 5 inches of asphalt pavement i-i 0 7 Dense, dark brown to dark gray, Silty Sand (SM), moist, few gravel A-2-4 (0) Alluvium - 1 inch of poorly graded sand lenses at 2 0 and 3 8 feet - Occasional iron oxide staining Medium dense, brown, Well -Graded Sand with Silt (SW-SM), moist, trace gravel �Iluvium BOTTOM OF BORING COMPLETED ON 03/15/2017 45 65 Wit S 3B 2S 2B 1S-1 Groundwater Not Encountered During Dnlling 5 10 15 20 25 30 35 40 45 PENETRATION RESISTANCE (blows/foot) A Hammer Wt & Drop 140 lbs /30 inches 0 20 40 60 A - LEGEND Sample Not Recovered I Standard Penetration Test Grab Sample NOTES 1 Refer to Figures A-1 and A-2 for explanation of symbols, codes abbreviations and definitions 2 The discussion in the text of this report is necessary for a proper understanding of the nature of the subsurface materials 3 Groundwater level, if indicated above is for the date specified and may vary 4 USCS designation is based on visual -manual classification and selected lab testing 5 The hole location was measured from existing site features and should be considered BID N®rokt®072 0 20 40 % Fines (<0 075mm) % Water Content 60 Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado LOG OF BORING SW -15 August 2017 23-1-01449-002 SHANNON & WILSON, Ilia ge Geotechnical and Environmental Consultants 4112,12 REV 3 SHANNON 6WILSON, INC. APPENDIX B LABORATORY TEST RESULTS BID NO 18000072 Z age41J of8�8 SHANNON &WILSON, INC. APPENDIX B LABORATORY TEST RESULTS TABLE OF CONTENTS B 1 INTRODUCTION B 2 WATER CONTENT B 3 GRAIN SIZE ANALYSIS AND PERCENT PASSING NO 200 SIEVE B 4 ATTERBERG LIMITS B 5 CORROSION TESTS B 6 R -VALUE TABLE B-1 Summary of Laboratory Test Results by Boring (4 sheets) FIGURES B-1 Grain Size Distribution (3 sheets) B-2 Plasticity Chart (2 sheets) B-3 R -Value Test Results, Boring SW -07 Bulk Sample B-1 B-4 R -Value Test Results, Boring SW -15 Bulk Sample B-2 Page B-1 B-1 B-1 B-1 B-2 B-2 23-1 01449-002_R l_AB/wp/1mr 23-1-01449-002 B-1 BID NO 18000072 Page 414 of 828 SHANNON &WILSON. INC. APPENDIX B LABORATORY TEST RESULTS B.1 INTRODUCTION Laboratory tests were completed on soil samples retrieved from the borings in general accordance with ASTM, AASHTO, and Colorado Department of Transportation (CDOT) testing methods The laboratory testing program was performed to classify the materials into similar geologic groups and provide data that can be used for design of the project The geotechnical laboratory testing was performed at our laboratory and by Vine Laboratories, Inc , of Commerce City, Colorado The testing program included index tests and geotechnical engineering property tests A summary of the laboratory test results is presented in Table B-1 Laboratory testing procedures are described in the sections below B.2 WATER CONTENT Water content was determined for most of the samples retrieved from the borings in general accordance with AASHTO T 265, Laboratory Determination of Moisture Content of Soils To perform this test, a sample was weighed before and after oven -drying, and the water content was calculated Water contents are shown graphically on the boring logs presented in Appendix A and are also summarized in Table B-1 B.3 GRAIN SIZE ANALYSIS AND PERCENT PASSING NO. 200 SIEVE The grain size distribution of selected samples was determined in general accordance with AASHTO T 311, Standard Method of Test for Grain Size Analysis of Granular Soils Results of these analyses are presented as grain size distribution curves on Figure B-1 Selected samples were also tested for the percentage of material passing the No 200 sieve, in general accordance with AASHTO T 11, Standard Test Method for Amount of Material in Soils Finer than No 200 (75-µm) Sieve The percent fines (silt and clay -sized particles passing the No 200 sieve) are shown graphically on boring logs in Appendix A and are also summarized in Table B-1 B.4 ATTERBERG LIMITS Soil plasticity was determined by performing liquid and plastic Atterberg limits tests on selected samples The tests were performed in general accordance with AASHTO T 89, Determining the Liquid Limit of Soils and AASHTO T 90, Determining the Plastic Limit and Plasticity Index of Soils The Atterberg limits include liquid limit (LL), plastic limit (PL), and plasticity index (PI equals LL minus PL) and are generally used to assist in classification of soils, to indicate soil 23-1-01449 002_Rl_AB/wp/lmr B-1 BID NO 18000072 Page 415 of 828 23-1-01449-002 SHANNON &WILSON, INC. consistency (when compared to natural water content), and to provide correlation to soil properties The results of the Atterberg limits tests are plotted on plasticity charts on Figure B-2, shown graphically on the boring logs in Appendix A, and summarized in Table B-1 B.5 CORROSION TESTS Corrosion testing of select samples was performed for pH, resistivity, sulfate content, and chloride content Testing for pH and resistivity were done in general accordance with AASHTO T 289, Standard Method of Test for Determining pH of Soil for Use in Corrosion Testing and ASTM G 57, Standard Method for Field Measurement/of Soil Resistivity Using the Wenner Four -Electrode Method, respectively Sulfate content testing was done in accordance with CDOT laboratory procedure CP-L 2103, Sulfate Ion Content in Soil Chloride content was done in accordance with AASHTO T 291, Standard Method of Test for Determining Water -Soluble Chloride Ion Content in Soil Test results for sulfate and chloride content are given in units of percent by weight Test results are listed in Table B-1 B.6 R -VALUE Hveem Stabilometer (R -value) tests were completed by Vine Laboratories, Inc , of Commerce City, Colorado to evaluate the stiffness of soils that may be used in the subgrade of the roadway Composite bulk samples were collected for one test from borings SW -07 and SW -15 Tests were completed according to AASHTO T 190, Standard Method of Test for Resistance R -value and Expansion Pressure of Compacted Soils R -value test results are presented on Figures B-3 and B-4 and summarized in Table B-1 23-1-01449 002_R I _AB/wp/Imr BID NO 18000072 Page 416 of 828 23-1-01449-002 B-2 TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS BY BORING SHANNON & WILSON, INC S-1 1 0 25 SM A -1-b (0) 4 8 12 72 16 NV NP nn SW -06 t Pith Pd 'MOM RBM 4 (rj 3.1 22 300 124 NP S-2 2 5 S-3 5 0 S-1 0 0 S-2 2 5 S -3a 5 0 S-36 5 8 B-1 0 0 40 65 15 35 58 65 50 55 19 SW -07 SC A-2-6 (0) 4 8 25 _61 14 30 18 12 122 20 7 35 SC A-2-4 (0) 10 1 8 63 29 27 17 10 SW -08 S -I 0 0 S-2 5 0 S-4 15 0 S-9 40 0 S-10 45 0 S -11a 50 0 S-12 55 0 S-13 60 0 S-14 65 0 S-20 110 0 S-21 120 0 S-22 130 0 15 65 165 41 5 46 5 50 5 56 5 61 5 66 5 111 8 120 8 130 5 38 SP A -1-b 0 19 1 38 5 6 93 1 CH A-7-6 (51) 34 1 95 70 22 48 22 4 39 2 I 32 7 28 2 22 9 175 144 8 895 0 010 0011 I 179 Notes Refer to Appendix A Figure A I for definitions 2 Gravel defined as particles larger than the No 4 sieve size Sand as particles between the No 4 and No 200 sieve sizes and Fines as particles passing the No 200 sieve BID NO 18000072 Sheet 1 of4 01449 002 Labbumhvp/Imr Page 417 of 828 23-1-01449-002 TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS BY BORING SHANNON & WILSON, INC a 'Yf 3'i%"q p,: rF�eS : T �S�A"MPL$DATA��irr�� '.t 5 ' '`t" } ' } r �4` a , ;ri?}ai�' r r. ¢..'�`�,aau� F"sf w f'� a � a ' q'" TGRAIPT SIZE` l ,� set ` � '�t�Nh�SESz' �,x% - r - r iTERIIERG ` �4' '7"'I.I TI7�SE{^�'�'�"'s� 7'',if ,` L,et 9',1r �' * }r l'A I 'w 5 ifi!' + YAL e R°' t 41#1- ,bt , l'' t ' O .k } CO ��N�,1,'a�,J lio gi 4l;+. S .''�'.t ample a 'Y LF.- ply% a ;: t-yww,14'4;4#014144;,. , beset ,₹a'1 max;» ' _' `, _,+W 7 y,� ro _4�+G mot - _ ..U� i,juV1 4' "`C<<� s^ h'�s � ₹"I ' , pia bbd }F� .tr � j� �,�.. ,Lt / �^ 3 +�' S, xyxY+'�A rat i��fi� ,dm R r= rf �"�$`'P.4�A ' r A, aCMJ'45(P a� Ar5 , O r '5 Ir�t� d G,� ; ti f . . i''�'f ,, a £' . 1 ! C7�* y�+A :a'� .. I.'�y ,e44/47.),r-4(%)- �l4 al . Tn. d,8 'jd`"t, Fpys -�' 1 1. .. ,Y, Y -qr,�� xy ..� +?�' ' '7Y ci/d' is • a . 'ia� ,5°•0 =A 761 r^« kE s v .(%4i,„ �i� 4 cif '"s su�i W�"'• "i�, q= ^A�Qygi' t ss (%)*A.44h,3, .r�4,",iu. sL�^'J �`�' -x �` y `'`1 e.9 q C lyy.�'' i .'t•'*-�$'_:✓ g� q a , ` i'" ti � �aa'' „5 ce0 t r iCO a ,"sue a " � .0' 0..ro )„, �*e�' 4(Psi);� cry`, i , _ ''a `G , S � ` .F .. k `, l 4 , H'^ K"14,,,,,,e..4„0- , a },, ♦ "S j ' (ohms -cm).( A� cl,.�, "v Q Y•C„r LOrd ♦-�,j im S t`MIP t 14'4 SW -09 S -la 0 0 1 2 18 6 S -lb 12 15 45 S-2 10 0 11 5 SP A -1-a (0) 30 67 3 I ` S-5 40 0 41 5 25 2 S-10 100 0 101 5 SP A -1-a (0) I 18 4 31 66 3 S -I1 1100 1110 164 S -I2 115 0 115 9 14 3 S-13 120 0 120 4 14 2 S-14 125 0 125 8 17 2 SW -10 S-1 0 0 1 5 SP A -I -b (0) 14 8 2 97 1 S-3 20 0 21 5 SW A -1-b (0) 11 9 26 70 4 S-5 40 0 41 5 25 8 S -6b 504 515 319 S-7 60 0 61 0 CL A-4 (2) 26 7 63 29 23 6 S-12 110 0 111 3 16 4 S-13 120 0 120 4 14 6 S -l4 130 0 130 4 15 0 Refer to Appendix A Figure A 1 for definitions 2 Gravel defined as particles larger than the No 4 sieve size Sand as particles between the No 4 and No 200 sieve sizes and Fines as particles passing the No 200 sieve BID NO 18000072 01449-002 LabSum/wpflmr Sheet 2 of 4 Page 418 of 828 23-1-01449-002 TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS BY BORING SHANNON & WILSON, INC °tin rirc SW -11 S-3 S -4a S-5 S-6 S-7 S-8 S-9 G-1 P 25 0 30 0 120 0 125 0 130 0 135 0 140 0 140 26 5 CH A-7-6 (37) 28 4 30 8 120 9 125 4 130 8 135 4 140 5 145 25 4 180 134 Pc 18 81 e 62 23 39 87 a tl n I 20 3 CL A-7-6 (31) ,127 178 100 45 16 29 SP A -1-b (0) G-2 14 0 14 5 SP A -1-a (0) 23 67 10 NV NP NP S -3a 25 5 26 8 30 3 S-6 120 5 120 9 14 3 8 0 1,300 0 010 0 011 SW -12 S-7 S8 S-9 S-10 S -I1 S-12 124 0 124 9 129 0 134 0 139 0 144 0 149 0 129 4 134 5 139 3 144 5 149 3 CL A-7-6 (25) 15 8 132 20 7 128 156 135 96 42 17 25 Notes Refer to Appendix A Figure A-1 for definitions 2 Gravel defined as particles larger than the No 4 sieve size Sand as particles between the No 4 and No 200 sieve sizes and Fines as particles passing the No 200 sieve BID NO 18000072 01449 002_Labsum/wpnmr Sheet 3 of 4 Page 419 of 828 23-1-01449-002 TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS BY BORING SHANNON & WILSON, INC , �. � a� ', y' p � ' '; lus ti> �� SAMPLE DA`CA a v .r x!� i ;t �F a 4 .. ' AASHTO -Classification • Natural Moisture" Content ' a� R Moist Unit Weight') ��' Y"ti�`,1r �tJpets '0 GRAIN -SIZE q 5 "�' {� y c y�1ALYSE3 -ATTERBERG"„t s ,� LIMITS` , �". �. �.Ra.YALUE, 4 k k' ; j. , , r i - ,,,- '�+� yY2b 9. a :' �,CORRO§ION. '"r' da ,r�, t i � s. Boring ,,' ,11�, '0 ,5 ,,,,..q,;,, .. i ✓ _, ( ,� Sample �, ' t 4e f , R fl�v �`�m�" scn{ � "`br-T.' Depth .t t f ,, (feet) 't r 't k, rC�.dO ✓ ''"^-1-,:-- v , T 1 ,CA J A x U' a ` . ��.t lnr` '' 0yr _ >„ .� r, sti s �� ` �(%) I'iy � ' ! a 'L J � >� ar, i °,- , `(°i) v- i t�-, ✓ z v, `i w'D, �, d �'' f� i(%) e • Liquid Luuut- e kPlashc Limit e- PlashcityjnClex t ,.�}'if ,b �s,z3i+.`�''' rr ' f, y,4. '"qtr rt �:.,>. ` a, �,.V J Exudation'1" Presure'; pH�a e �,. d ,F ,s "? 9,%,��.',nry Y.11.—;.'.-ui , � r r c '`1 r '' ., .- ',�r (ohm -cm) .yr 'm3 4,,i ' y, �i - s(%a), J6. P1+ F ., 2'G,1 .p. „^ ••,'„„-- (%) Top" ,Bottom SW -I3 S-Ia 00 12 I 49 S -lb 1 2 15 12 7 S -2a 5 0 6 3 SP-SM A -1-b (0) 8 0 23 71 6 S -2b 6 3 6 5 35 8 S-5 20 0 21 5 I 21 2 S-10 45 0 46 5 22 6 S -1 l 50 0 51 5 34 2 S-12 55 0 56 5 CH A-7-6 (53) 36 8 97 74 27 47 S-13 60 0 61 0 29 4 7 8 720 <0 01 0 015 S -14a 65 0 65 8 24 0 S -I8 89 0 90 5 SP A -1-a (0) 15 3 16 83 1 S-21 119 0 119 8 14 8 7 9 860 0 020 0 009 S-22 124 0 124 8 CL 45 20 25 SW -14 S -I 10 25 73 S-2 2 5 4 0 SP -SC A-2-6 (0) 12 9 14 74 12 37 22 15 S-3 5 0 6 5 12 1 SW -15 S-1 10 25 I 96 i S -2a 25 38 I 161 S -2b 3 8 4 0 6 5 S -3a 50 63 70 S -3b 63 65 140 NV B-2 2 5 5 0 SM A-2-4 (0) 10 8 6 59 35 NP NP 28 300 Refer to Appendix A Figure A-1 for definitions 2 Gravel defined as particles larger than the No 4 sieve size Sand as particles between the No 4 and No 200 sieve sizes and Fines as particles passing the No 200 sieve BID NO 18000072 01449 002 Labsum/wpnmr Sheet 4 of 4 Page 420 of 828 23-1-01449-002 SIEVE ANALYSIS HYDROMETER ANALYSIS SIZE OF MESH OPENING IN INCHES I NO OF MESH OPENINGS PER INCH U S STANDARD GRAIN SIZE IN MILUMETERS V to cr Ti '1 V 2 0 0 0 0 0 0 0 0 0 0 PERCENT FINER BY WEIGHT PERCENT COARSER BY WEIGHT It Er y IW.. ' F] • 0 ry F o 2 m 2 m 0 e m H .- 0 0 o m ry 28 GRAIN SIZE IN MILLIMETERS 22 o a o 0 0 0 0 COBBLES COARSE I FINE COARSE I MEDIUM I FINE GRAVEL SAND FINES SILT OR CLAY SAMPLE ID DEPTH (feet) U 5 C S SYMBOL SAMPLE DESCRIPTION FINES A NAT W C A LL / PL A PI , Weld County Road 53 over the S Platte River Bridge Replacement Weld County, Colorado o sw06 s-, Si SW 07 S-1 ® SW 07 B-1 o SW 08 S-2 o SW 09 S-2 o SW 09 5-10 BID NO A SW 10 s_i 1 8 0 8 25 5 8 10 8 100 8 18000072 0 8 SM SC SC SP SP SP SP Sky Sand few gravel Clayey Sand with gravel Clayey Sand few gravel Poorly Graded Sand few gravel Poorly Graded Sand with Gravel Poorly Graded Sand with Gravel trace silt Poorly Graded Sand trace gravel 156 14 0 286 0 7 3 1 3 4 0 5 48 4 8 101 19 1 18 4 14 8 NN 30 27 NP 18 17 NP 12 10 GRAIN SIZE DISTRIBUTION August 2017 23-1-01449-002 SHANNON & WILSON,9IV a 421 G.atechnical and Environmental ConzWlanls of efIG B-1 Sheet 1 of 2 Atkins GPJ CLONE FROM THIS PROJECT GPJ 8/7117 SIEVE ANALYSIS HYDROMETER ANALYSIS SIZE OF MESH OPENING IN INCHES I NO OF MESH OPENINGS PER INCH U S STANDARD GRAIN SIZE IN MILLIMETERS N .qS CO C S o 0 0 s, 0 0 0 0 0 0 § 100 ii i i i i , a 90 10 80 20 I_ 70 S 30 = O ((S W 3 c 60 Y 40 m W a W W UJ Z 50 CC Li 50 Q O I— Z U W I- 0 40 CC 60 W W U a CC W 30 a 70 20 80 10 90 PI ry s 78 n CO v n n CO m a n n 88 GRAIN SIZE IN MILLIMETERS 3 0 IJ 'GEE EE 0 O100 COBBLES COARSE I FINE COARSE I MEDIUM I FINE GRAVEL SAND FINES SILT OR CLAY SAMPLE ID DEPTH (feet) USCS C S SYMBOL SAMPLE DESCRIPTION FINES A NAT WC A LL A PL A PI A Weld County Road 53 over the S Platte River Bndge Replacement Weld County, Colorado • SW 10 S-3 • SW 12 G-1 A SW 12 G-2 • SW 13 S -2A O SW 13 S-18 ElSW 14 S-2 BID NO D SW 15 &2 20 8 14 2 14 3 5 7 89 8 3 3 18000072 3 8 SW SP SP SP-SM SP SP SC SM Wet -Graded Sand with Gravel trace silt Poorly Graded Sand with Gravel trace silt Poorly Graded Sand with Gravel few silt Poorly Graded Sand with Silt and Gravel Poorly Graded Sand with Gravel Poorly Graded Sand with Clay few to little gravel Silly Sand few gravel 4 3 1 1 10 1 5 8 1 3 11 6 35 0 11 9 8 0 15 3 2 9 10 8 NV 37 NV NP 22 NP NP 15 NP GRAIN SIZE DISTRIBUTION August 2017 23-1-01449-002 SHANNON & WILSON,�I 42� oedecMod end Envennerrt.i Consultants ° 8 SIG B-1 Sheet 2 of 2 Allan PLASTICITY INDEX - PI (%) CL •H LEGEND ■■ ■■■■■■■■■ ■■■ ■■■■■■■■■ ■■■■ ■■■■■■■■■ ■■■�� '■ CL Low plasticity inorganic clays sandy and silty clays _ CH High plasticity inorganic clays 11111111,',, 11 1111 1A 1111 1 11 1 111 ,111'11'1 ML or OL of and�layey silts lowsilts inn Ai�niii�A r, n��i ��A HHhIIH plasticity MH or OH Inorganic and organic silts andclayeyds laf high 111111111111 IlAllllllllll plasticity III 1111111O CL ML Silty clays clayey silts cly ■■■■■■ ■■■■■■ ■■■■■■■■■■ I�■■■■■■■■■ ■■■■■■■■■■■■■■ Atli VIII loll A IIIIIINiFIIIIIIIIIII 1 Ei ■■■■ ■N NN►�N■■■ ■■■■■■■■■■ ■■■■ ■■■■ ■■■■■■■■■■ ■ ■ ■■9■Vi' ■■fir ■�■■■■■ ■■■■�■■I _ r r ■■ ■■N■■■■■■ f I I 4 5 11 1 0 LIQUID LIMIT - LL %) i SAMPLE ID DEPTH (feet) USCS SYMBOL SOIL f CLASSIFICATION LL A PL A PI A NAT W C A PASS #200 A Weld County Road 53 over the S Platte River Bndge Replacement Weld County, Colorado SW 06 S-1 ® SW 07 5-1 ASW 07 B-1 0 SW 08 S•9 O SW 10 S-7 0 S 11 S-3 A sw 11 5- ID NO 1 8 0 8 25 40 B 60 5 258 1 0p0" SM SC SC CH CL CH 2 CL Silty Sand few gravel Clayey Sand with gravel Clayey Sand few gravel Fat Clay trace sand Sandy Lean Clay Fat Clay trace to few sand CLAYSTONE NV 30 27 70 29 62 45 NP 18 17 22 23 23 16 NP 12 10 48 6 39 29 48 4 8 101 34 1 26 7 284 12 7 15 14 0 286 95 3 63 0 869 99 7 PLASTICITY CHART August 2017 23-1-01449-002 P 4 SHANNON & WILSON, II�� OeNecM1ninl and Environmental LensWtanla of 828 FIG B-2 Sheet 1 of 2 Atkins PLASTICITY INDEX - PI (%) 1' A N PI A A A CL CH I LEGEND CL Low plasticity inorganic clays sandy and silty clays CH High plasticity inorganic O days I ML or OL Inorganic and organic silts and clayey silts of low plasticity -;;' ■'� �'fl MH or OH Inorganic and organic silts and clayey silts of high plasticity CL ML Silty clays and clayey silts H M ®1.4 11 11 I 1 l I o H IML I �{L1Rt11/ Cr r ?Li I / Hi 1/--._)Il SJ 40 SJ Gll /5 S'S YJ 111U 110 LIQUID LIMIT - LL (%) SAMPLE ID DEPTH (feet) US C 5 SYMBOL SOIL CLASSIFICAT1ON LL A PL A PI A NAT WC A PASS #200 4 Weld County Road 53 over the S Platte River Bndge Replacement Weld County, Colorado SW 12 G2 E SW 12 0-7 ©SW 13 S-12 eSW 13 S-22 O SW 14 S-2 BID NO 143 124 5 558 1244 3 3 180000.2 SP CL CH CL SP SC Poorty Graded Sand with Gravel few silt CLAYSTONE trace sand Fat Clay trace sand CLAYSTONE Poorly Graded Sand with Clay few to tittle gravel NV 42 74 45 37 NP 17 27 20 22 NP 25 47 25 15 15 8 368 2 9 101 95 6 974 11 6 PLASTICITY CHART August 2017 23-1-01449-002 SHANNON & WILSON, Tie 4 Ge«echnicat+nd Environmental Consultants of 828 FIG B-2 Sheet 2 of 2 Atkins ATT_MAN 231 01449 (WCR53) GPJ SHAN 444 --= R -Value Test Report L Sc T F 1- t&I us_ II Ht = T-190 Project: WCR 53 Job Number: 23 -1-01449 - 002 Report Date: 3/30/17 Reported to: Shannon & Wilson , Inc Sample Information Test Data Summary Sample Number: 157 Specimen No. 1 2 3 -Sample Location: SW - 07 Moisture % 12.38 9.41 7.50 Material Desc.: Bulk B-1 0.0 - 50' Date Sampled: 3/31/17 R -Value (corrected) 7.0 27.0 48.0 Sampled By: S&W Exudation Pressure, psi 109 368 674 0 O O a� O CO O ti O Cl) O N O 0 AIP R -Value 300 psi = 22 0 100 200 300 400 500 600 700 800 Exudation Pressure, psi Vine Laboratories, Inc. Tested By: Juan Romero Reviewed By: Jesse Parker, P.E This report is for the sole use of the intended recipient(s) and may contain confidential and privileged information. BlEANPuMilRzed review, use, disclosure or distribution is prohibited unless written consent from VI . 425 of 828 L_ E34 ? F t 0 I&I C , a NC NSer r%4411 R -Value Test Report T-190 Project: WCR 53 Job Number: 23 -1-01449 - 002 Report Date: 3/30/17 Reported to: Shannon & Wilson , Inc Sample Information Sample Number: ;ample Location: Material Desc.: Date Sampled: Sampled By: 0 O O 0 .o co O N- 0 0 o 0 d - O M O N O 100 0 158 B-2 SW - 15 Bulk 2.5-5.0' 3/31/17 S&W 200 Tested By: Juan Romero 300 Test Data Summary Specimen No. Moisture % 1 14.23 R -Value (corrected) 7.0 Exudation Pressure, psi 73 400 500 600 2 3 11.12 10.49 35.0 367 700 xu ation Pressure,psi VineLaboratories, �nc. Reviewed By: Jesse Parker, P.E. 59.0 477 800 This report is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Bi? me lAnnOnn lly urranno ?Led review, use, disclosure or distribution is prohibited unless written consent from vlii<e 426 of 828 SHANNON 6WILSON, INC. APPENDIX C PREVIOUS SUBSURFACE INFORMATION BID NO 18000072 2 -age 427 of 82i SHANNON Fi\LSON, INC APPENDIX C PREVIOUS SUBSURFACE INFORMATION FIGURES CDOH (1957) C-1 General Layout, Bar Lists, Summary of Quantities (2 sheets) S&W (2015) C-2 Interpreted CPT -01 Sounding C-3 Interpreted CPT -02 Sounding C-4 Interpreted CPT -03 Sounding C-5 Interpreted CPT -04 Sounding C-6 Interpreted CPT -05 Sounding 23-1-01449 002_RI_AC/ BID NO 18000072 C -1l 23-1-01449-002 Page 428 of 828 SHANNON &WILSON, INC. REFERENCES Colorado Department of Highway (CDOH), 1957, Plan and Profile of Proposed Federal Aid Project No S 0049(1), State Highway No 37, Weld County Shannon & Wilson, Inc (S&W), 2015, Preliminary Geotechnical Design Report, Weld County Road 53 over the South Platte River Bridge Replacement Project, Weld County, Colorado, Job No 23-1-01449-001, January 8, 2015 23-1 01449 002_Rl_AC/ C-11 BID NO 18000072 Page 429 of 828 23-1-01449-002 • • • • ■ / .. /f / I.t/ :// �1 1 At Ref lq lag r487 4tS1■sflsw! Z Tytr S4. 0art i fuy a togyarSA■/t 4 Rrre•/ t CM, a kr It J. 4. • , . T t, -I; mar 'S �•`: _ -- .. s _ ..... _ / , ` /y / --' / � sir— ;•�1� BAs 444/ — 4 _ ti0 . • 1 i • r • *rTis__v aft ae • t _ t. � I.AYCtJT ; s5 i- ' vast °me* f • a r i- - -e b __r;. 5,� - - - - .6, ,� = a ipieLls7 Mpteaf saaae/ I /r. i o) ₹4frr Ate 1 issi; f CC 2 6' "! f t'o' : t /•6n srrl -sr.•:_ - i - - ►) 2 at is I 'T" - I z /!S6' Ssr 1 Pr Stet ' -/ lri0. an • tss' be t 4 the trR C 602 ! ' 4114•.• 5ti■• I s Y►•si46 !'i• 1 ' --r— F- J f I I —f t____ ►___I 1 903 /-4 1 16s1r•1• £6 I/20'1 IIs'o'L:, 1srtc arc I1 I las T t 9O/par •ra ' 902 /W'• I 4 1S54' ;3M WC1$ �-- 901 I#•11 BID NO 18000072 (stirs At IA BAIP tilT SUPERSTRUCTURE 1 T f?tuft. 010 2f a 4 X21Ill j /6 .4/;o !Scr_ t • 'LL •bat' 4 or. -1 _tier ' T— _' • I HIF4-- ... .02 / 2.6 /2=6' Str Ate .' 1 5' int , . ts5 102 I • S! in I !° its - sn SAR SUMMARY SU'fRSTRUCTYRE' na•llaN186cea/5a..ft•51109fps- 0080 La,t ft 104591aft • 6s 71.2let. 6061 LadsLSO:9Aifl r 9104164 Itl'f671ikRl S?/!4///a ft •1515,2 Lit ►/ZsO,er . • 2121 !M DN! 821!$5 L6a 4 I • /2 .:: / / ITi 1' e• • -'/ Trr / •-•, — — .__. �-- 6- ' ! L . a ts-a • ft • / ■ '`466 4T a48 8145°, f ■ - Adr• ti ■ , Pct le toss fan (A■■n t, ■I fsclifWd MN* Res gam Wed !Lan LW e t Ioc ItS.r,CA••• (31...2 Itit. OJ .! U. �ftP.4•hts/•Kttt.e„rwtiar Il4a• _ if •• M 4.41116..:. !a. (lr!L_ . 1st 4sr. + Eases Jar M- ■M-,,at•6earts!."AAASMt astalstans.M•NJ'f1offee 11 r___M/salis —4 admire •FAta•lnee .tCYu Theca ■ • .07 Start. .1 Goma a JAro /s• lots Ate cW M her at,ar tar Asa bees then awl earn( tih ■ AS Arles, Mu art ei s•:.ar aNM Sea. 4A..ial .Sr ■ rM aj erf.IeertYtl■erat nee *tin MAW. /t■■a ■ • • I sf '-I I- • i. -, _ I BENiVN6 NACRMI S --- < t4a..."0„ n r• o M air,/ • •J 4129 340 Az lflZ _� I Net 337,20. 16240 41 10 ${c P0 .! i I 'I is so :sr w r k ■ 4550 i • ■ _ • asst, ■ 4510 !- - U ■ 'fey/set Qvanr,r,es r a 7-16- 57 pow - abtta►twr tla Arts, at Miles 13c UI•elan,rin Isears►+i . rtfaviCn nowt, MO bed. • ..... -a Ml•1 cold 50043(51 5 SUMMARY OF QUAtirrutS IM.► kita. (M W P" CCne E■et0dM Ow 4.04 afa SMeivnr aseava (GOBI) Lank bard liestr4 erase Tares, Can 71• Ca...te AkirWray 111.5 (lift .Rt tityttatai Jh.rto a, SAW a.r •J17tAlsr) t>tiM /6S' h fader sr PSI ASS A t MeS Sweletet/••• Akt AN41 tat rr(l _ kb" 14111 _,1:: 211W 11-6._ zinc is -( z 00 I Sb 1—%O *4 Tail • 25 210 s Q eft, re 255. s NSC r t7• - r 3144 .4. =r" 73e •- 4kTMfa7-Ate; r t n aa•si Ar T OlNra•� a ;' ' %MSc!' hat "is pie* ram ! r.r ,Mir'2 tT—., 41'sc ;rat �i` ': t tar* ft, , ; . —1 •W Y • ,° : 7b• :sift 1 ■4t* 7N _ •..0 t‘O• Jrr' t ' • 14/e 1t'••si •u' -S• 1 !0!f r •• 2 • e•1" `kr ' try, fbcr, -ca., afro '4f ' It see' 'Ty' _ Anime.•••---adU Sat s , 1401 •340 t 0'!stir I,:i' AS' {441 • • 40401 tit• I fls' eke Sir two !r* 104' la �4- Fin. Ter S 612 +s law 3617• Jta t MI It 1lfb• Ms 120/ 24/p- - Mot re '• no I44:O' a en Al" i0 A>'AD' 0It I6 ! 52 4(10 ISAR SUMMARY PIER Alin 2 (Aso Ale. S 4IS far, 537/ Lis It M'•r46ee •r,.■ ii • 649 at 443 haft •6•tfotshaaIt• 6SLOti i9lbl! 1'4R1.6'71fk •/fe - 905 11. 1 4,,,se ire3d0 '/aft • 15e tbs onto Arai... • 30 lira Ski •�.t tO5. BA,v SUn/tywr P,►f- R Nm F ; Awl 1k 21 /0 Saes 97/ teen4'•Aass.'in%ft • 6+9 16s 143 Lan Irenfo2'/tree 65 Lis 1336bah r•erfar i.fe• 140 Lea 4Cstart l4 340 "mart- IKl /es • •eitot■.rrr • 3064, Tina/ •324513,. BAP SEP1nARY NCR * /o ; Ain A►110Slaar7 971t:rn48•1!0 cs Mart •649 LO. +.3 t.. atiireserimat 6S 161. 34S1M/tMynas? isft .l 7S Lac itolfem41`I4t0 % &ft • ,n Lb. Diseases, • 30 4.0s bni •3₹60th i tia ft 3530 • 1 _ T 1 I !SC 79 1 BAR iloVIARY ABUTMENT Ns.l tamtesr asr4 saar/ - •40 sa tt.%'•PC16!•fAan•ft le, X! tr aft .•'t4 j t'C' N.'I • 809 to, Teete • if5o Liu BAR SUMMARY PIER ,PIER MAC '; tr t t i ►0ca't:',4w n• L+filar taIafr!,sa1e, a.ft c• aM !Gslafr elasn•/,alt • die tir 4!!fiaftm-Vs.o ,aft •Sl a.. •ttirarree • )2 tOv. nal -3. 7SZO�. CASUAL Molts w MPS rag a ,a•. 144 R -M WYSS W•r -'Si ar •.1 taws Ig••••.M•1 N asur•••. •'•441.117 ••• Maatr . -'Scm an N Me • a an .•t0•atg •I t.1t• a. —(flaw /MYc--'a--e/•-.want Amu man asersn.�as grist a s net ar�tr ,reset nano ' .. earl h.N W. • tag. tan. M •eat. -OM1.••.t, a- �a a anal an ,.Nr w'• •a s -O. W.. N e.••nacaa tr MOW, al th••M M 1.280, I- I I 1 tea fat .. -••• • ..a- MY. •c0•w•�•{- tcc. h•.... 221 MIMS ter .3 rat •.r •41 IOtale Matt r 4 104:412:111444:41a r► • a g..C.aVitae. I -rw •N 14r •.•u..� Irk, a. SV $C01•tM Ta ,a¢ e.•6-I/t •y •7Mt4 4 NMI 1 • tat•r• •r elwart.M Ih. Ina •e .4 - •tcic.•a.. gee In•.Ia• 'Se •al to N .e'1Nr. st W/ ttll O • •ertet' t ••• tr. N •rY • •a. n•.Nr .a -r--vcM ear tr It.t es glare r .r Mr • •••••••110•••• W 8•••455• l'•r Y..tbK N. ••• Ima m .4 ccaes MCI" .* 1.r N •G rat a.?r..IIIa Taal ..a •M.C•aw on tea• a P. •'••N OW ra mgr y In es, .•a te.0 411 an a •.__— •.air toss 0140 [•C40 T• ..rert,IN Mt/r• ell slat R.•c —S •a. N •.-ng -••Save Sri t..0 we a. a•rt -.n •••••••• .r1••.Iaa•t Crewe. aft •.r ••• •4 la" tt(P• U .•450 en : ,.. w Wet M Mw .•.n an I. Tani wan !Oa Y 1•41•4041Ya a 1 n l• a swag •'M •a.Ia..r..• •.N •.a.• QAOf Oa alla'� .,.-.. M. MW.ay • et rm..�•. 2.210`•. M•TIe 14014N 00•1I• ••••11 Mae SC Peau eV el Matt/ •,WPr II MIMto,err a• tat (AMrfr 'MTh NtA.uAr ant is swan PWr •era tr J• rA/yra t Aug Mat WM , P Obe AfItanalt Salter MSS Ara TOWN Sail cr caarer : yaN tW Mat an !e .rwttret Ar Mil asia tnucltaf Mo C -le -c S z• ifs Z 1 -- a a t • • • t •1 4. ••' at — A*•r.c Mt• ]W .1•t V,.•••• • .tl •t. K ' r s r .a.•—; L a<, .4. -la •.t t• a•t a..q. '• •••••••11 %Safe ,.1.. MiN•hG Dat• • .. - • ti r' .-•.Stn ucr .1 <••. artr.1 Lasm. es... So.lta� taw o as, trim - late .r.. - M COLORADO DEPARTMENT nF HIGHWA sc (00487( 1ia16SIER WOW .3 SALVO itsi0' FLfI 8IA/•1 RAIL 28.40*InQ%Y t*0 CiiRBS Gt4fIL uxtttT, BAR lti7t SUIVIARr rPC4t4w77resFIG. C-1 ;tits, Sala "WC Rid it st•tagse4-dm>y Sheet 1 of 2 Nen 7leanq Sot ! t_in Il.� l o_1, l st[f A �� aai ti..•!..it u� meik CPWage °*4.... ants N ,0.w to as-'.11Ir L L to Ziaayg -1— -- 1 F1,eLe 4Ev.e€d tco- '9 -W �- r:— •r-- - -- 'i - ?Mak& i_- 17 7 u•o 4 -I, QJI' ta11 a• "1 -Cs es vuaa—: r Q W , -- 09i► -- - - _ _ - - �Y �-- - - - asr : a.... _ +-_ r- ? 7 i -j - 4 _ : . -- 06_90, _ �- "- __vv - ' _n-1—• N7. . 4'a, ut — _ - - ,�.:-r_ N //i/ vs- ; !assay Ol — , ip`7 ,: sd' ,, . l 0, ti F r 1 Yy7— 7a —TjNT3 _"dT� rrdFi ?ft z3 T- jM a! 1 • 1— — i - _ r / I ' re lV , t 0, $ ! -7��: — �� /,, r' / / I t r I j I ti N o� i . �! / i � � h +, 0,7---rya-Tz3 - r Kvp P /RSRJ4I f / alma 1J4+es' &sir 010I+PKIT 7 1O17 !�*5/Pin IS" r N6LA11u YI 'v /1�-x / %/ f 7 /``e /� 1 / % / / — _ IM I Wita23.1 iyaCesv't •..0'449,NC_R ‘1).Pre ReporrAppenaa A. CPT Data1CPT01 ■hill 0 0 _ 5- 10 - 15 - I 20 - O '158015 25 - 30 35 Cone Resistance, qt (tsf) Sleeve Friction, f, (tsf) Pore Pressure (tsf) 200 400 600 800 0 2 4 6 8 10 0 1 2 3 4 0 BID NO 18000072 u2 — Hydrostatic Friction Ratio (°!,) SBT Zone Undrained Shear Strength (psf) No (bWf) 1 3 4 1 2 3 4 5 6 0 500 1 000 1.500 2.000 0 10 20 30 40 50 60 6 O H 9 O 1 = Sens soils 2 = Organic soils 3 = Clays 4 = Silty mixtures 5 = Sandy mixtures 6 = Sands clean to silty 7 = Sands with gravels NOTES. 1. Ground surface elevation is 4 594 feet 2. Top of groundwater was encountered at a depth of 9 3 feet 3. Soil Behavior Type (SBT) zone computed using procedure by Jefferies 8 Been 2006) 4 Undrained shear strength computed using procedure by Mayne and others 12009) 5 Neo compiled using procedure by Lunne and others (1997) A O °� 8 o Ocb O ©OO(59O O� ® O O O Weld County Road 53 over the S Platte River Bridge Replacement Weld County Colorado INTERPRETED CPT -01 SOUNDING January 2015 23-1-01449-00' SHANNON ft ft 'nWILSON, I •technrcai and nvlronenta' - ; S. " 132FlGaA-1 P•.,23 + 01400sQ23-t-01449tWCR 53)%Pzenminary rteponwppenau A : P' ata C;.. 5 10 15 6 a 20 O 25 30 35 40 0 Cone Resistance, q, (tsr) 200 400 600 800 i4 BID NO 18000072 Sleeve Friction, fs (tsf) 0 2 4 6 8 10 0 1 1 Pore Pressure (tsf) 1 4 + . . . 4 . 3 4 u2 — Hydrostatic Friction Ratio (%) 0 1 3 4 SBT Zone Undrained Shear Strength (pso 3 4 5 6 7 0 -Of) !Of.) 0 1 = Sens soils 2 = Organic soils 3 = Clays 4 = Silty mixtures 5 = Sandy mixtures 6 = Sands clean to silty 7 = Sands with gravels NOTES: 1 Top of bridge deck elevation surface elevation is 4 592 feet 2 Zero depth corresponds to the top of the existing bridge deck Ground surface encountered at depth of 9 5 feet below the bndge deck 3. Top of groundwater was encountered at a depth of 8 9 feet 4 Soil Behavior Type (SBT) zone computed using procedure by Jeffertes 8 Been (2006) 5 Undrained shear strength computed using procedure by Mayne and others (2009) 6 Ncie computed using procedure by Lunne and others (1997) ' 700 2.000 N, (bpf) 0 10 20 30 40 50 60 Weld County Road 53 over the S. Platte River Bridge Replacement Weld County Colorado INTERPRETED CPT -02 SOUNDING January 2015 23-1-01449-001 SHANNON & WILSON, I 336Ml�eA-2 Geotechnicai and i • •. i tWIPr23-t-01 Wos121+ 0+448 &JCR 53pWrerhrrnnary Reportwppanan A • CPT Data CPT03 aisx Cone Resistance, qr (tsf) Sleeve Friction, fa (tsf) 0 200 400 600 800 0 2 4 6 8 10 5 10 15 ?P. a 20 - m a 25 - 30 35 BID NO 18000072 Pore Pressure (tsf) 0 1 2 3 Friction Ratio (%) 4 0 2 3 - — Hydrostatic 4 SBT Zone Undrained Shear Strength (psl) Also (bpf) 3 4 5 6 7 0 500 1000 1500 2.000 O 9 O O O O O 8 4 1 = Sens soils 2 = Organic soils 3 = Clays 4 = Silty mixtures 5 = Sandy mixtures 6 = Sands - clean to salty 7 = Sands with gravels e O O NOTES 1 Top of bridge deck elevation surface elevation is 4 592 feet 2 Zero depth corresponds to the top of the existing bridge deck Ground surface encountered at depth of 11 5 feet below the bridge deck 3 Top of groundwater was approximately encountered at a depth of 11 5 feet 4 Soil Benavror Type %SBTt zone computed using procedure by Jeffenes Si Been ?2006) 5 Unarained shear strength computed using procedure by Mayne and others (21709) 6 Nsc computed using procedure by Lunne and others t 19971 0 10 20 30 40 50 50 O O Weld County Road 53 over the S Platte River Bridge Replacement Weld County. Colorado INTERPRETED CPT -03 SOUNDING January 2015 23-1-01449-00' SHANNON & WILSON,, INC ectechmca$ and nt -- ^ta rc 134 HOe A-3 1WIP123-t-014ODm211-01449 (WCR 53)Wrenmrrary Report Appendix A - OPT DaaCPTD4 tin 0 0 _ 5 10 - 30 35 40 Cone Resistance, q, (tsf) Sleeve Friction, fe (tsf) Pore Pressure fist) Friction Ratio (%) SBT Zone 200 4(X) 600 800 0 2 4 6 8 10 0 1 2 3 4 0 1 2 3 4 1 2 3 4 5 BID NO 18000072 4 c I I 1 u2 — — Hydrostatic C NOTES; 1 Ground surface elevation is 4 588 feet r 4 r 9 O e 1 = Sens soils 2 = Organic soils 3 = Clays 4 = Silty mixtures 5 = Sandy mixtures 6 = Sands - clean to silty 7 = Sands with gravels 6 8 O Undrarned Shear Strength (psf) Neo (bpf) 7 0 500 1 000 1 500 2 000 0 10 20 30 40 50 60 2 Top of groundwater was encountered at a depth of 3 8 feet 3 Soil Behavior Type ISBT) zone computed using procedure by .;ettenes 8 Been (2006) 4 Undrained shear strength computed using procedure by Mayne and others (2009) 5 N,,,, computed using procedure by Lunne and others (1997) O O so ® O O O CP 0 O O _n coo OO O O Weld County Road 53 over the S Platte River Bridge Replacement Weld County. Colorado INTERPRETED CPT -04 SOUNDING January 2015 23-1-01449-001 SHANNON & WILSON, INC.,.. 3eotecmncar aria Environmental C 135 Ree A-4 I'WIR23-4-01400sQ 3-I 01449 (WCR 53)'Prsiiminary MepornAppenCa A CPT Datm+CPr05 xix 25 30 35 4O Cone Resistance, q, (tst) 200 400 600 800 0 2 4 6 BID NO 18000072 Sleeve Friction, to (tst) Pore Pressure (tst) Friction Ratio (%) SBT Zone Undrained Shear Strength (psf) N,, (bpf 8 10 0 3 s 1 2 3 4 2 3 4 5 6 0 5CC 1.000 1 500 2 000 0 10 20 30 40 50 60 u2 — Hydrostatic NOTES. 1 Ground surface elevation is 4 589 feet a mow 6 0 C J 1 = Sens soils 2 = Organic sods 3 = Clays 4 = Silty mixtures 5 = Sandy mixtures 6 = Sands - clean to silty 7 = Sands with gravels 2 Top of groundwater was encountered at a depth of 4 1 feet 3 Soil Behavior Type £SBT) zone computed .,sing procedure by Jeffenes 8 Been (2006) 4 Undrained shear strength computed using procedure by Mayne and others (2009) 5 Nr° computed using procedure by Lunne and others ;1997) 0 0 0 O 00 0- O O O O 0 0 0 O 0 0 00 O O O r 0 Weld County Road 53 over the S Platte River Bridge Replacement Weld County. Colorado INTERPRETED CPT -05 SOUNDING January 2015 23-1-01449-00' SHANNON WILSON, I 36 PIGS A-5 Geotecnn cal and Environmental " ons� SHANNON iWILSON, INC. APPENDIX D SEISMIC SITE CLASSIFICATION BID NO 18000072 gage 437 of 82$ SHANNON &WILSON, INC. APPENDIX D SEISMIC SITE CLASSIFICATION TABLE D-1 Seismic Design Ground Motion Parameters FIGURES D-1 USGS Design Maps Summary Report 23 1 -01449 -002 -AD 23-1-01449-002 D-1 BID NO 18000072 Page 438 of 828 SHANNON & WILSON, INC TABLE D-1 SEISMIC DESIGN GROUND MOTION PARAMETERS 5. , `-, ' ' Ground Motion Parameters „ W :; Peak Ground Acceleration (PGAB) 0 047 g Site Class E Short -period Spectral Acceleration, SS 0 106 g Long -period Spectral Acceleration, S1 0 031 g Site Factor, Fpsa 2 5 Site Factor, Fa 2 5 Site Factor, F„ 3 5 Peak Design Spectral Acceleration, As 0 118 g Short -period Design Spectral Acceleration, SDs 0 264 g Long -period Design Spectral Acceleration, SDI 0 108 g To 0 082 sec Ts 0 409 sec Note 1 PGAB = peak ground acceleration for a site underlain by Site Class B soil (soft rock) Summary Table E 23-1-01449-002 BID NO T8000072 Page 439 of 828 4/5/2017 Design Maps Summary Report USGS Design Maps Summary Report User -Specified Input Building Code Reference Document 2009 AASHTO Guide Specifications for LRFD Seismic Bridge Design (which utilizes USGS hazard data available in 2002) Site Coordinates 40.41194°N, 104.56343°W Site Soil Classification Site Class E - "Soft Clay Soil" USGS-Provided Output PGA = 0.047 g Ss = 0.106 g S1 = 0.031 g A5 = 0.118 g SDs= 0.264 g SD1 = 0.108 g in ►a it IX' 1 Di Design Response Spectrum a • CC 1.9_ ' 1.20 ►. 40 1. Est? 1 9C zoo Period, T (sec) Although this information is a product of the U.S. Geological Survey, we provide no warranty, expressed or implied, as to the accuracy of the data contained therein. This tool is not a substitute for technical subject -matter knowledge. BID NO. 18000072 Page 440 of 828 https://earthquake.usgs.gov/cn1/designm aps/us/sum m ary.php?tem plate= m i ni m al &latitude=40.411938&I ongi tude=- 104.563429&si tecl ass=4&ri skcategory=-1 &ed.. 1/1 SHANNON &WILSON, INC. APPENDIX E PAVEMENT DESIGN CALCULATIONS BID NO 18000072 Page 441 of828 SHANNON fiVV9LSON, INC. APPENDIX E PAVEMENT DESIGN CALCULATIONS TABLES E-1 Flexible Pavement Design Parameters CALCULATION PACKAGES ' Cale No 2 — Pavement Design for WCR 53 (8 pages) f 23 101449-002 AE 23-1-01449-002 E -I BID NO 18000072 Page 442 of 828 SHANNON 6WLLS®N, INC. TABLE E-1 FLEXIBLE PAVEMENT DESIGN PARAMETERS Design Parameter r Design Value Pavement Design Life 20 years R -value (Subgrade Soil) of Roadway Embankments 22 Subgrade Resilient Modulus (a function of R -value), MR R -value = 22 5,273 psi Reliability, R Arterial 90% Standard Normal Deviate, ZR Arterial -1 282 Initial Serviceability 4 5 Terminal Serviceability I ADT > 750 2 5 Overall Deviation, So 0 44 Structural Layer Coefficient for Hot Mix Asphalt (HMA) 0 44 Structural Layer Coefficient for Class 6 Aggregate Base Course (ABC) (a) rol 0 12 Structural Layer Coefficient for R-40 Subbase 0 07 Drainage Coefficient of Class 6 ABC (el 1 00 Notes a) Weld County Class 6 ABC has similar material specifications to CDOT Class 6 ABC with the exception that Weld County limits the liquid limit (LL) of the ABC to 20 percent , b) The above value assumes the ABC will have a minimum R -value of 77 c) Based on good drainage quality and saturated subgrade conditions less than 25 percent of the time (i e , the roadway embankments will be constructed with a camber and ABC layers are exposed at the pavement edges for drainage) 23-1-01449 002 AE 23-1-01449-002 E -I l BID NO 18000072 Page 443 of 828 SHANNON iiWILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Calculation No. 2 CALCULATION SUMMARY Project: Weld County Rd 53 Bridge Replacement Job No: 23-1-01449-002 Feature and Pavement design for WCR 53 Subject:: Calculation Purpose (describe purpose/goal of calculation) Design 20 -year flexible pavement for WCR 53. General Approach/Assumptions (please describe in general — can refer to calculation sheets for more information) Design Guidelines: Weld County Engineering and Construction Criteria (WECC), April, 2012 Traffic Information: Calculated 18 -kip ESALs for WCR 53 based on traffic data provided by Atkins Functional classification of WCR 53: Rural Arterial, based on discussion with Atkins Sources of Data and Equations (please describe in general — can refer to calculation sheets for more information — if other calculations are referenced, please include) Flexible Pavement Design: In-house Pavement Design Spreadsheet � R -value of subgrade = 22 (a based on laboratory test results) V A minimum base course R -value of 77 (Structural Layer Coefficient of 0.12) Summary and Conclusions (please describe general conclusions — do not only refer to calculation sheets, but include conclusion here) Recommended flexible pavement section: 18 -kip ESAL HMA (in.) CDOT Class (in.) 6 ABC R-40 Subbase (in.) 3,820,000 / 7.0 / ! 6.0 , 18.0 Z I PM Check of Assumptions and Input Prouerties Rev No. Calculation By Date Checked By Date Y I 1 i PM Review of Assumptions and Input Properties NOTES: BID NO. 18000072 Page 444 of 828 1: EF123-1 DEN101400s101449 WCR 534002 -Final DesigntAnalysislCalc No 2 - Pavements\SW Calc Cover Pavements. docx - Last saved by Lucas Strom -4/10/2017 Page 1 of 8 SHANNON & WILSON, INC. co 0 18 -kip Equivalent Single -Axle Loading (ESAL) Worksheet Lgcation: WCR 53 Comment: Analysis based on Table D.21 of the 1993 AASHTO Guide for the Design of Pavement Structures F§xible Pavement ESALs 0 0 hquations Paving Year: 2018 / b = *(a/100) 2015 ADT Pavement Design Life (N): 20 years , c = b * 365 Average Daily Traffic (ADT): 3,780 vpd d = [(1- -r/100)N-1 ]/(r/100) [See AASHTO, 1993, Table D.21 2038ADT: 3,780 vpd " e = c * d ] Percentage of Trucks (FHWA Vehicle Class 4 through 13): 26.0 % ' g = e * f Growth Rate (r): 0.0 % ' j = g * h * i a b c d e f g h i , a Vehicle and Classification Description Truck Total (2) 2018 2018 Growth Factors Design (two-way) b Traffic Volume Equivalency Flexible Pavement (3) 18k Roadway Design ESAL Directional Distribution Factor �3> TrafficDesign Lane Factor (3) 18k Lane ESAL Traffic Percentage Traffic Percentage AADT Traffic Total Factor Passenger Cars - 74.00 2,797 1,020,978 20.00 20,419,560 0.0030 61,259 0.6 1.0 36,755 Single Unit Truck (FHWA Class. 4 through 7) 25.0 6 6.50 246 89,681 20.00 1,793,620 0.2490 446 611 0.6 1.0 267,967 Combination Trucks 75.0 19.50 737 269,042 20.00 5,380,840 1.087 5,848 973 0.6 I 1.0 509 ^84 (FHWA Class. 8 through 13) �� All Vehicles 100.0 100.0 3,780 27,594,020 6,356,843 3,814,106 Notes 1) ^I`te ADT and fccased 2035 percent trucks ADT decreases are based on the to 1,830 vehicles 2011 per Weld day. County For 2035 Transportation concervitism, a growth Plan rate of for WCR 0 percent p cent 53 between was assumed. SH 34 andDesign WCR 58. For WCR 53, the ESAL 3,820,000 2) The truck vehicle distribution based discussions are on with DEA. 3) 1 kip ESAL truck factors, directional distribution factors, and traffic lane factors are Weld County Engineering and Construction Criteria Tables 7-2 and 7-3. 4/10/2017 ESAL Calc per 93 AASHTO-Rcv0 Pe ?Af 23-1-01449-002 w w'CF: 52 * S}i %1 K}l -_.!_ - ..... { QU3U 2ti WCK 52 iF1 CIItI;pRY 0.100 2 11 Paved 425 12 4 NFK 1,72 4.6 4 W a0l 1.970 WCK 52 © ti7 Pined 425 12 4 Nit SU1.1 13 59 Local 2 Paved R WCK 39 11.1 I I x41 43u 5.010 3011, WCK 5^- 11kBUKY CR 43 1.9111 24 Patett 4 NPR Z-14 da 22311 44 SUI Local , ` Paved 3000 WCR 532 �\VCK 41 WCR 11 103(1 25 farad Gravcl.l 211 1 I" 4 NFk 2471 8.1 x x41 27(0 2.470 532 0 � 2 Paved 31NKI WCk 52 WCK 45 WCK 47 1.010 26 147 4 NFR 911 5.5 5.41, 010 4643 Local 2 Paved i1NKi WCR. 52 VCR 47 Welt 49 IUUU 26 l:».r{-? Gravel '4' 4 NFK 911 Y.A 11.5!, 1110 tu0 910 165 101 937 Local 2 (;ravel 2111 WCR 52 «Wl'R 53 WCK 55 I.tl(N) 24 -3 .l(, 4 NFk 911 160 IS'11 50 910 SU Local 2 Gratcl 011 200 WCR Gravel -2 75 4 NFR 919 911, ll+�•al , 52 ;'1 VCR 55 }} WCR 5723 I IK� Gravel2 75340 4 33% 3.7 3 67 9412a) 90 340 Local Guise' WCk 52 ,JWCkbl WCRn3 I.(NU 24 NFR 331 3.7 3.67 00 0 ?111 'xl 2 Grot cl 200 WCK 52 WCK 03 WCK 3110 I 170 24 (:ravel -13.34 Gravel RI 14 a LW 110 ' Local 2 Gmcl 21Nt WCK 52' CL SERVICE RU 0,410 24 -3a 4 4• 3 34 IUU 310 1 lU 34tt Imo -al 2 Gravel NC WCK 52 WCR Rv ' WCR JIGravel•( 1.020 0 Yawed 4 117 361 Local 2 Cunt) 200 WCK 52 x Local Pat %VCR 91 WCR 93 1.000 U 31KKt WCR r Grovel -I k Local 2 52 WCR 93 WCR 95 1.1KK1 n Gros el Zt>ti WCK 52 WCK 93 WCK 97k 1.000 Gravel -1 Local Grnvcl NC WCR 52 25 WCK 13 WCR 52 1.1110 u 24 (;rowel -I S Local 2 Gravel 2111 WCR 32 5 WCR 57 WCR. 57.5 11 I% (;ravel -3 Gravel 51 4 319 60 190 71 Local 2 Grnvcl 200 WCR 52 5 -SW -1 4 .4 Local 2 riravrl i WCR 57 5 WCR 59 0.500 I'i Gravel 200 WCK 53 -I 4 ( al 2 Grovel WCR 2 WCK 4 I 00 21 200 U»vol-3 70 17 7 lain 2 WC'R 53 Wl'K 4 WCR a l.( 25 Gravel J UO 70 260 7u 21x) WCK 53 WCK 6 WCR 11 I tK)U 24 -3 (,(, 1 a W 741 260 2%41 Local 2 Grnvcl Gravel , _(xt WCk 53 WCK x WCR. lit LulxJ 24 (;ravel -1 7 1 GU, 70 70 70 zhU Local 2 Gravel 211, WCK 53 WCR 10 511 52 I Olt) 24 Grovel -3 '-3 o(s 7 4.W 7u 260 260 70 260 Local 2 Gravt 21*; WCR 53 - Drat Illfl 14 7 260 Local 2 Gravel U SGIt 24 1 W I IU 130 211, WCK To (;rev 1 UKCCK: III 434 Local 2 53 From 0 43(,% 24 Trucks53 1.651 U s4!ri (,( h•65G 34 (:ravel 200 tins^� 7 URLi)Ci 3724 Local WCR 53 IOC 2_ G»v 12257 6(1 7 b0.61 Ihll 122(M) (r9 C;»vcl 2111 7 1)KC(,C; 5272 Collector WCR 53 WCK 34 WI -K. P.7x/ 24 (3nV1144 67 J7 12257 191 5 191 52 Sr 12260 5u 12260 Collector (,ravel 211) WC'R 53 Welt 36 1VCK 33 1 UUU 23 Gravel 4 20 741 210 (.', (irate] 211) -3 135 55 4 201 Local ? WCK 53 WCK 3% WCK 4 1 000 21 Grovel -3 135 135 55 3.211 140 130 111, 430 Local ll»tel 200 WCK 53 WCK 4 2 Grnvcl 2W 4U WCR • I UU0 23 Grovcl� ;=(, 14A .130 140 36 4 430 Local 2 Gravel VICK 13 WC WC ` 3211 200 1 OW 24 hall l?crth 22M ISO .... 490 150 4'lU WCK 13 C k 4 NFK 117 117 U 5 0 Local 2 t;ravcl 2a1 C K 3 1K4 22 Fatal 1146 4 u SS ,1.11 26(1 12U Local A4600 NPR. 5 2 }'aver} 1uUU u 11 500 16110 15410 Collector u'CK 53 9H 34 4 214 Cr 1 2 Yatd 4600 0940 24 raved 17111 26 4 NH( P 15 1240 11 Collector 2 Paved WCK 53 %V(;I(13 Ix10 0 5 0.45 WCR-625X ZN Gravel -J 1W) 4 I 1,R 0 155.', 1720 Calloet.,r WCR 53 %VCR 62 WCR 63 fated 4600 WCR53 %VCR62.5 "2 5 (1300 26 2A llrotaW I%) 4 690 I III 345 l Aral (;ravel :111 WCR.64 0.300 26 365 690 110 Gravel -1 161 4Local 345 2 WCR 53 WCK 64 Welt 66 1.000 26 t;»tel-4 IC 4 365 " 590 90 2+)5 local 2 (;ravel 2111 Welt 3l tines( 2t,U WCk rt: NH 3',2 I IK,G 26 (;rave! -t 17" 4 i 65 6RU U 650 Local Gravel 2(1(1 WCK 33 WCK 53 YFl 192{' WCK "U WCK 741 WCK 72 1.000 I.UW 23 24 Gravel -4 In l 3 65 1 69 650 'i' 300 0 650 o l_ncal 2 (;ravel 2[NI (:rave{ -3 61 2035 ADT 100 12; Local Local , 2 Gravel Gravel 2Ut1 WCK 53 WCK 72 WCK 74 (;Ansel -3 6;, WCk 53 WCK aliner(-J WCk 76 1.000 24 ;12009 ADT ' :22° Local 2 l:nvcl 00 _1111 WCK 5.1 WCR 7A WCR 7R 1.000 24 37' l:mel-1 71 1 91 110 1111 1711 110 Local LAVA 2 GrindGrind11 Gm 21 200 W'C'k Si WCR 71 WCR 1(, 0.990 , .1 ^ Brave{ -2 74 2 WCK 53 WCR lull W'CR 11C I.01U 25 I 9,1 140 79 cl Welt 53 WCK lift WCR 112 1 11(10 25 r:»vet-I %Local ► 19 2 Ginty! 200 WCR 53 WCK 112 WCR 114 1 ('lb 25 Gravel -1 K Local 2 Grind 200 W'(K 53.9 bF G Wilt 54.5 u rM/lt Ill (Irani -1 k Local 2 (:ravel 200 WCK 54 CK 1 C'K 13 W Il1<11 U I1WLocal 36 Gravel -I 2 Grate, 200 WCK 54 I i sTk11X U S 10 ^^ Paved lu lb x .4 NFk 19142 6 6 Local 2 6 51 19.WU 544 Gravel 211, ... Pas al 16%1 �� 3 NFK 21579 It) 565 M US 21.580 21.5110 1367 1394 )571, 1)006 11222 Artenal Arsenal 2 YavoJ Yn.cd 731K, 71U(t WCK 54 SIR KKX 0320 22 Pot ad 26111 Welt 54 kKX[.0 ICR!( 0 17P Paved 2-' 1 NFK ^157 WCK 54 KRY CK 17 r1 61(1 -2 22 rased 20111 22 1 NFR 2157') 1.41 1 US Artcnal 2 Pat cd 73AM) 2I SRU 456 WA) Arterial !'need 71111 WC 2r.111 2? I NFR 21574 ILO K S4 WCR S4 CR. til'k SIR :111257 1.470 0.510 22 22 rased {'need 1261 14 1 NFk 20302 6.2 11 PS 21.5110 IA13 11164 Arterial2 2 Yatcd 7100 6.21 20.3041 45(17 37-flIST CI. IGR1ilLFYI CR25 049)0 22 Paved 1519 x 1 NFR 23145 6.6 4 23,150 1795 214,41 Arterial 2 Pat 71(10 Vr ('K 54 J S f /%V UKbllKY 0. IGU 22 I'avcid 2, . ,Sx t. 3 NFK W SUk 4-9 A, 4 '11, 14.510 451 1450 ll 71 Artcnal 2 Yetcd 100 7100 VICK }'avcal 421 t NF7C 14563 Ib.v �Arsenal 10 14 Penal 1.11Kt 54 1iCKSi S FK 51'K S fK CK41 0.550 I,SU 211 241 Paved 621 3 NM 1265 19 1691 I .4 $4360 124 21%0 Collet -sot Yat et, 4600 1.270 435 WC -k 54 CK 45 CR 49 2.010 24 1'aveJ 1172 4 NFK 12Wt 1.1 107 1270 1675 Atw Collector Paved 4600 1%CK 54 WCK 4t) WCK 51 (1.91W21 Pro S xvl, 12 4 NFR 12b$ 14 1.3') 1;^70 15111 Collector 2 Yawed 46111 (:ravel -3 2771910 4 3 7552 110 314 2553 1 1 Collector CollectorlocalWCR2004 ^ _ Paved 4600) NFR 1211, 1.7 2.2 WCR 51 4 Ck cd CR 53 194$; 24 (,ravel -3 4 410 2 (iravcl 21x) WCR 54 5 WCR 45 WCR 45.5 u.wU 22 Yawed 15(4 9Iocal 4 NFK 1210 1.6 2 I bl 1,10 1425 (:rave) NO %VCR 54 5 Karam WCK 55 0.56(1 24 Gravel -2 4 NM 121U rya 1.210 22'r, Collector I'ava! 46x1 WCK 54 S WCK 55 WCK 57 I ICU 24 Grovel -1 G»vcl-1 1041.05 I I 4 NFK 1210 11.6 111,1 1.2 [u 5(. Local 2 kneel 2txs WCK 55 105 K 4 NFK 1219 1 I.5 121 Local 2 200 WCK 55 WCK 2 WCK4 WCK4 W'CK6 0.910 _ 1.11110 26 26 (;ravel -1 7ri 19 7 1 1 52 1 210 I IU 1210 Local Gravelravel 204) 1 al iUU 7k ,%'Ck 55 WCK o WCR b 1000 26 (imvcl-3 103 21 7 1141 41(1 110 2')4 Local (; Gravel 22(K) • Grnvcl-3 10* 21 400 410 110 410 410 Laval _ Gravel Local Gratcl 2(K) 2111 Q) (D CD a a Q) 0 CO N CO Page 3of8 Flexible Pavemeni Design (WC, lol2}_WCRS3 SHANNON & WILSON, INC. Flexible Pavement Design Worksheet Location: WCR 53 Comment: 7 inches HMA over 6 inches of CDOT Class 6 ABC R -value of 22 Subgrade Functional Classification of Roadway: Rural Arterial 1. Pavement Design Life: Traffic Loading (W18): 3. Serviceabili [Table 7-4, WCECC, 2012] pt = 2.5 if ADT > 750 vehicles per day 4. Subgrade Resilient Modulus (y: R -value: 22 [Eqn 2.1 and 2.2 of CDOT, 2012] Si = [(R -value - 5) / 11.29] + 3 MR = 10"s1+ 18.72) / 6.24] 5. Reliability: I R: 90 6 Design Standard Deviation (Se): So: 0.44 5,273 psi / ["fable 7-5, WCECC, 2012] 7. Requred Structural Numbers (SN1): [Eqn 3.1 CDOT, 2013] Analysis MR 32,883 10,000 5,273 SN 1: 2.416 SN2: 3.723 SN3: 4.626 20.0 years 18k ESALs: 3,820,000 per lane log,o(W8)=Z,1 So +9.36 log,o(SN+1)-0.20+ Layer Analysis 8. Pavement Materials Characterization: APSI: 2.0 MR: 5,273 psi PSI log,o4.2-1.5 0.40+ 1094 (SN +1)s19 [T7-7 and T7-6, WCECC, 2012] ZR • -1.282 +2.32 loglo(MR) — 8.07 [T3.3, CDOT, 2013] Layer Material Structural Coefficients Layer Coefficients Drainage Layer (psi) Modulus 1 HMA al: 0.44 - - 2 CDOT Class 6 a2: 0.12 /' m2: 1.00 32,883 3 R-40 Subbase a3: 0.07 -� n13: 1.00 10,000 a' 9. Solutions for thicknesses: [ Figure 3.2, Part II of 1993 AASHTO] SN*1 — a1D*1 >= SN1 SN*2 = a1D*1 + a2D*2m2 >= SN2 SN*3 = a, D*, + a2D*2m2 + a3D*3m3 >= SN3 Recommended Thicknesses Layer Material Thickness (D*;) SN*; SN; 1 HMA 7.0 / inches 3.080 2.416 2 CDOT Class 6 6.0 / inches 3.800 3.723 3 R-40 Subbase 18.0 / inches 5.060 4.626 BID NO. 18odo& ' Required SN <= Pavement SN, Design is Acceptable Page 1 of 1 Page 4 of 8 Page 447 of 828 23-1-01449-002 i SHANNON & WILSON, INC. Flexible Pavement Design Worksheet Location: WCR 53 Comment: 9 inches HMA over 6 inche of CDOT Class 6 ABC R -value of 40 Subgrade Functional Classification of Roadway: Rural Arterial 1 Pavement Design Life: Traffic Loading (W18): 3 Serviceability: Po: 4.5 Pt: 2.5 [Table 7-4, WCECC, 2012] pt = 2.5 if ADT > 750 vehicles per day 4. Subgrade Resilient Modulus (MR): R -value: 40 [Eqn 2.1 and 2.2 of CDOT, 2012] Si = [(R -value - 5) / 11.29] + 3 M = 10[(s, + 18.72)16.241 = R 5. Reliability: I R: 90 6. Design Standard Deviation (So): i So: 0.44 9,497 psi [Table 7-5, WCECC, 2012] 7. Requred Structural Numbers (SN;): [Eqn 3.1 CDOT, 2013] 20.0 years 18k ESALs: 3,820,000 per lane APSI: 2.0 MR: 9,497 psi loPSI go 4.2-1.5 1 g)o(YV18) —; So +9.36 log,o(SN +1)— 0.20 + 1094 0.40+ (SN + 05 19 Layer Analysis 8. Pavement Materials Characterization: [T7-7 and T7-6, WCECC, 2012] i _ ZR + 2.32 loglo(M„) —8.07 [T3.3, CDOT, 2013] La el• y _ Material Structural Coefficients Layer Coefficients Drainage Layer (psi) Modulus 1 HMA al: 0A4 " - - 2 CDOT Class 6 a,: 0.12 V m2: 1.00 32,883 3 a• 3• m3• • 9. Solutions for thicknesses: [ Figure 3.2, Part II of 1993 AASHTO] SN*, = a, D*, >= SN, SN*2 = alp*, + a2D*2m2 >= SN2 SN*3 = a,D*1 + a2D*2m2 + a3D*3m3 >= SN3 Recommended Thicknesses Layer Material Thickness (D*;) SN*; SN; 1 I-IMA 9.0 /inches 3.960 2.416 2 CDOT Class 6 6.0 -I inches 4.680 4.626 3 inches BID NO. 18000&let' Required SN <= Pavement SN, Design is Acceptable Flexible Palcmcnt Design (WC. 20I2)_WCR53 Page 1 of 1 Page 448 of 828 23-1-01449-002 7.4.5 Traffic Growth Rate The number of vehicles using a road tends to increase with time. Weld County uses a 20 -year growth rate to estimate the future traffic on roadways. The growth rate is applied to all of the vehicle classifications. A growth rate assumes that the AADT percent growth rate for any given year is applied to the volume during the preceding year. Please contact the Public Works Department for assistance in determining an appropriate growth rate. 7.4.6 Lane Factor The number of vehicles or ADT on the roadway shall be split according to the number of lanes in the proposed roadway. Table 7-3 lists the acceptable values. Table 7-3 CDOT Pavement Design Manual Table 1.1 Lanes per Direction Design Lane Factor One lane 0.60 Two lanes 0.45 Three lanes 0.30 Four lanes 0.25 7.5 FLEXIBLE PAVEMENT DESIGN 7.5.1 Serviceability and Reliability The initial serviceability for asphalt at initial construction will normally fall in the range of 4.2 to 4.6 and generally shall be assumed to be 4.5. factors can be found in Table 7-4. The terminal serviceability is based on the current ADT. These Table 7-4 Serviceability Loss ADT 2.0 > 750 2.5 <750 The reliability factor is based on the functional classification of the roadway. Weld County's functional classification map can be found on the transportation planning section of the Public Works Department web page. BID NO. 18000072 Page X77 WELD COUNTY ENGINEERING & CONSTRUCTION CRITERIA Page 5 of 8 Table 7-5 Reliability Functional Classification Urban/Rural Arterial 90 V Collector 85 Local 80 7.5.2 Mr(Resilient modulus) for Soils Resilient modulus (:1,,) is a subgrade support characteristics used in the 1993 AASHTO design method. Equipment to directly determine the M,. may not be available to some designers. A series of correlations and alternative equations are provided to aid designers that do not have the appropriate equipment to estimate the design '1,-. The input values can be converted into resilient modulus using the following equations: +3 11 M1, = 10 Mr = 1,500 - CBR Where: Mr = Resilient Modulus (psi) 51 = the soil support value R = R — ray ue obtained from the Hreem stabi lometer CBR = California Bearing Ratio 7.5.3 Standard Deviation Weld County uses an overall standard deviation of 0.44 for all pavement designs. 7.5.4 Drainage Factor The drainage factor may be incorporated into the pavement design to account for the drainage characteristics of the site. BID NO. 18000072 WELD COUNTY ENGINEERING & CONSTRUCTION CRITERIA Page ( 78 Page 6 of 8 Table 7-6 Quality Drainage of Water Removed Within: Percent moisture of time levels pavement approaching structure is exposed saturation to Less 1% Than 1-5% - 5-25% >25% Excellent 2 hours 1.40-1.35 1.35-1.30 1.30-1.20 1.20 Good 1 day 1.35-1.25 1.25-1.15 1.15-1.00 1.00 Fair 1 week 1.25-1.15 1.15-1.05 1.00-0.80 0.80 Poor 1 month 1.15-1.05 1.00-0.80 0.80-0.60 0.60 Very poor Will not drain 1.05-0.95 0.95-0.75 0.75-0.40 0.40 7.5.5 Strength Coefficients Table 7-7 lists the strength coefficients for various potential components of the pavement section. The strength coefficients shown in the following table are used in the structural number equation to determine the thickness of the various layers of the pavement structure. Table 7-7 Strength Coefficient Component Strength inch Coefficients of material) (per Test Criteria Conventional Materials HMA 0144 7 See Section 7.6.3 *Existing bituminous pavement 0.20 — 0.40 N/A Aggregate base course 0.14 R -value _ 83 Aggregate base course 0.12 / 77 = R -value < 83 Aggregate base course 0.11 69 = R -value < 77 Existing aggregate base course 0.09 N/A Treated Materials Fly ash 0.10 7 day, 150 psi Lime treated subgrade 0.14 7 day, 160 psi Cement treated base 0.22 7 day, 100 — 200 psi Cement treated base 0.23 7 day, 200 — 300 psi *Falling Weight Deflectometer or CDOT structural coefficient for existing bituminous structural layer coefficients of existing pavements forms shall be used to determine the pavements. 7.5.6 Pavement Thickness Full -depth pavement sections will not be allowed within the County -maintained right-of-way. A composite section of hot mix asphalt (HMA) and free draining sub -base material shall be used. The thickness of the composite section can vary significantly depending upon many factors such as existing soil types, current and proposed traffic, and construction materials, just to name a few. Weld County does not have a one size fits all design for the pavement thickness and recommends that the designers Page 179 WELD COUNTY ENGINEERING & CONSTRUCTION CRITERIA Page 7 of 8 AASHTO Guide for Design of Pavement Structures (1993) 11-21 Design Requirements 0.20 0.14 0.12 0.10 0.08 b.0� 0.06 0 — 100 70 50 40 30 20 10 I cc U dal 5 90 " 80 70 76 60 j 50 2 4 . -1- 30 25 5 20 15 14 13 12 11 10 (1) Scale derived from correlations from Illinois. (2) Scale derived from correlations obtained from The Asphalt Institute, California, New Mexico and Wyoming. (3) Scale derived from correlations obtained from Texas. (4) Scale derived on NCHRP project (3). Modulus - 1000 psi A 5, set, Kr' ler As0 pt' Figure 2.7. Variation in Granular Subbase Layer Coefficient (a3) with Various Subbase Strength Parameters (3) BID NO. 18000072 Page 452 of 828 Page 8 of 8 MEMORANDUM Date: April 23, 2018 To: Rob Turf, Purchasing Manager From: Clay Kimmi, P.E., Senior Engineer RE: Bid Request No. B1800072 BOCC Approval Date April 25, 2018 Bids were received and opened on April 6, 2018 for contracted construction of the Bridge 53/58A Replacement Project. Eleven (11) bids were received ranging from $7,918,861.55 to $11,366,018.71 with the lowest bid submitted by Zak Dirt from Longmont, Colorado. The Engineer's Estimate for this project was $10,692,505.62. Weld County will be receiving grant funds from CDOT in the amount of $7,540,000 associated with this bridge replacement project. The submitted bids have been reviewed for errors and completeness, and none were apparent. The bid tabulation has previously been submitted for your information. It is my recommendation to award the construction contract to Zak Dirt for a total amount of $7,918,861.55. This Company has not constructed a bridge for Weld County. However, over the last 5 years, this Company has constructed several bridges of similar size and scope as the CR 53 bridge. This Company is well -qualified for this bridge replacement project. CDOT has reviewed the bid documents submitted by the contractor and given us their concurrence to award. If this bid is approved by the BOCC on April 25`d, construction will commence in late May 2018 and is planned to be completed in May 2019. (72o/S- // z/.5 g ool WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: rturfcweldgov.com E-mail: reverettCa�weidgov.com E-mail: cpeters@weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 DATE OF BID: APRIL 6, 2018 REQUEST FOR: BRIDGE 53-58A REPLACEMENT PROJECT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1800072 PRESENT DATE: APRIL 11, 2018 APPROVAL DATE: APRIL 25, 2018 VENDOR TOTAL BID ZAK DIRT INC 14290 HILLTOP ROAD LONGMONT CO 80504 LAWRENCE CONSTRUCTION CO 9002 N. MOORE RD LITTLETON CO 80125 AMES CONSTRUCTIN INC 18450 E. 28T" AVENUE AURORA CO 80011 $7,918,861.55 0: $8,363,239.67 $8,554,300.00 OK LOBATO CONSTRUCTION $8,867,806.01. 1333 W. 120T" AVENUE, STE 110 $8,871,910.18 WESTMINSTER CO 80234 The written amount is different than the numeric amount. The specification requires the written amount to be used. AMERICAN CIVIL CONSTRUCTORS LLC DBA: ACC MOUNTAIN WEST 4901 WINDERMERE LITTLETON CO 80120 STRUCTURES INC 4 INVERNESS CT EAST, #250 ENGLEWOOD CO 80112 SEMA CONSTRUCTION INC 7353 S. EAGLE STREET CENTENNIAL CO 80112 $8,934,323.00 OK $9,174,326.61 OK $9,224,000.00 OK 2018-1143 -(5Do751-1 PAGE 2 DATE OF BID: APRIL 6, 2018 REQUEST FOR: BRIDGE 53-58A REPLACEMENT PROJECT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1800072 PRESENT DATE: APRIL 11, 2018 APPROVAL DATE: APRIL 25, 2018 VENDOR JALISCO INTERNATIONAL INC 6663 COLORADO BLVD COMMERCE CITY CO 80022 TOTAL BID $9,693,704.55 The bidder did not complete the bid schedule. The Total Cost column was left blank. The costs could not be verified because the information was missing. As such this bid is being considered non -responsive. HAMILTON CONSTRUCTION PO BOX 659 SPRINGFIELD OR 97477 $10,571,926.20 OK JHL CONSTRUCTORS INC $11,142,419.47 7076 S. ALTON WAY, BLDG H CENTENNIAL CO 80112 The bidder did not provide a complete bid schedule. The bid schedule was missing 2 pages. The costs could not be verified because the information was missing. As such this bid is being considered non -responsive. DURAN EXCAVATING INC 14332 CR 64 GREELEY CO 80631 **Engineering Estimate: $10,692,505.52 BIDS ARE BEING REVIEWED BY PUBLIC WORKS DEPT. $11,366,018.71 OK IOF 888:+R8: flfl N.•!:5'lgW 0 888:8$:88: `mm h N h NYl N N N n N IS 85310001 " -8_'88::8:•$8:•:88888:8 S N n8 q �p8 ..Nf N N 8 .Omm N N SOO: N NNN nr S N ,$ m N '• 8 N 8 rp - N :8 8p N N M R 8 m N 8:8::,8 mhS 0 :1! m..r 0 0 h S 147 75200 :8:88 mYfY) N N H [5 51.370001 :8::88::8::8::+8 N m�ry N N :! N : • rn� m N 8 N �Cl S N .:S:�S�g_ CW N V: NNNN RO o �m' W H - 8p N N 888 Sm' f NNN � p8::S: N Q �•.P N :,J)8 88 i•:Yin ✓I h _:• 8:8888 8 h • nq� N N N pry N 88 S N S N 8::•8888: N N N N N Total $ 9453.944 55 In8 N M s � a - i 2 o 'UNIT PRICE 0:8$88 2, r 22: LS 3,37500.. fi88�:YS" Qggr 25; 'yf mS 5 2450 88S:-RS'88:Si::y$::$:58�g8:8:58� O $ S mp N 8' ,'q 25 & ♦ N:' ffi •� .iK iG ii p8 r�l $ 8 8 :gS � �3 •_ 8888$8. ry ffi n� - fi& 8::88: 53 nm_ $ p8R8:4:R88g88° N. nm 25 r id R r 8 S $ g8:So SV�n S 8 �r 88'S8Q.S58�88 �3 nr S r8f R �f n rr' 8_:S::B: Q ; 1.52-n;1 25 I $8�8Q:8g8:.Q8s8:58�58�=u8 rv§ g- Q :;; �1 8 Ti �;; RR ;§ r 9' q8 a'mg�898 . V7d 0 mnr ,Ahm$ t r Sr"' . Fm:i f•1 Nr r NH h" h �'. 1S 2213011 $ 4.944 00 _ .8:8$8'+g .; • O' r n H m i n NN x 25 n 0 r 0 N m nn m N 8:8":53mR5R88::R53:e$'m a• n_ 0 t5. m N .nA - Sg.: NH r .. N • y� '�S'R f N ^ m m N N m0 N. m '• •- " O A N N mm•' nr N 8.. N v r 0 H ` $ I N fi N = m N S 5.227 20 1 S m N m'iCS:87°8Sl6�'S i N Nr W `i N r !N'- N f ✓IN m' m ✓1N1•H C11 f i- I- °5' 5;ti N H :: 5 P m ✓) ' $ 27213841 QSBSie 0' n N O N O N 'O N {n'D N rnl '" N 8:88 N 9N N mm NN m aN YJIm 0. $ 9 072 24 I S 240 979 24 �ffi$5388m8$$ ��sr ........... r n r 407'ffi m N,$ n N .. " . v N iGV II , .. C53'+53. �jq a� 8 N r'A0 N '�• m N r-Cri88S:S85SSS58m �gi�g NNN N n N ooNO$Rrr O NNN ��55 2515 5� ......... J $d5 U-ij $j 5� 25 �jn 7i ie N ; 0 • !. rS 307324 [ nRci88 ^r0oV o m rg n 1 9� � m n, 3R mmam 1•I t '`l 88 nm f n mn mm �$ vP' R'• Ai 53 n N n i $ $ 41274 �iR nw a g r $ 203 fi n n R$ mn mm r .. n' "no r n rn o 8858 rri QPvoo 'rl 5 7416 $ 5� 2G S y $ 8 8 mf:gr, i4 lh g C A Ff 15 107 582 47 g_8 25 8 i5 g 8 8 TOTAL COST I . w .. M n N . V1 N n VI N O 0 H N N m-� .. N n .n N �ppp8 N rV N g 0 I3 2.936001 8-_ O 0 88=58:p:p8p88_:✓O81p8D: S O r w N pry W n N 8 IV I� N 8. 0 m N R .' N m v N Y m N COQ er 0 m w- ' $ 476 245.00 88:'8: O• 51 h m N •• 283-.f8�::$8jS8 O Q h _ -; o 0 _ -� ' �} 0 N N :88:pp8 �• 0: N O m N 8 ; N 8$ r O a m N 8 nfl N SI :8S8:88p♦$•:88 N• rm N '�Rr O 00 N' ' f•1 N r a •"'' N n N N N- Q. (v N ::888898 0 Ip rh M 00 N 0 N �8p f N 8 0 N 0 8:88 S N: Y] N S$ m N n H 8:88"_�8888m88: S m M S N N R 0 N .. Q 0 0 `p 0 nr N SRS ry N M 0 i(f 0 C h n N po m N :88:8$888:88::+8::8::8::88: m0 IV N 8 O- ry N g N NNN g8m r pp O N• 2{ H N N O 88^ N 8, O N pQ O og N pp O N _ 8 O N 1pp• N" N 8 0:: N 8 O- dv N 8 N 8 Nm• N N bdR Blot an0.435 PIB = 88 N H iiilirlilhilitittWil hN 8-:6 u N _':.n h H N 8 O•ON �:+mSir$�iiritilii N 8 N H 88'jai H ✓rN itit N 889$8 M N 0 N N r_YR�'Y'� N N N N N N N iliiN N NN -.o 8 ii N TOTAL COST i w 88::8:88.8:8:888 nYIn n N RIO 0 - N N S N - a N ' Jig w ''h ' N gg8 N .. m N' R 0 .. 'p IV 0 • Vt N :n-0 -8:888S N g R N N ='�:1 " N .M -- Q N 1 1 00 -,QQ (}1•J)r•1`O Q 8'8:-8:8::8::8 0000 g p8 . P • $ 211 905 00 I ' po8'1 A 0 2 0 P 000 NOPr7NNh _ r' • R A 88888:88::8885:88:8:8R%:S$5;; 8_ Qr 00 P i N 8'✓"F 0n N ry N N SS8_o r h N 0 OmNm,p00 J1 0 w 000 g;tg; On 000 C� �jN - S 0 ' m 0- - g��n R 0 -, O 00 O 1 $j: riy"l Q N Ca6 jUNIT PRICE N S5$$p5Q$.o-pS:$5: H 0 N N r N N O N r O o N O$O�i ^ N m)';�i 0 0N i 0 :iiiiiiill 0 vI N 0 0 0 QS::g::8Q 0 N . -I5 N N N : v$P $5 0 H :y$�:✓$1$'p$$$v$1::nil Q1 N N NNN 0 n UI NNNNN $ g O -5n N N N $:gg N n N N N N N N N In H N 8::8::8851fo8� N grIU N h N P NNN O n N 888:Q8::: O 2§ N N r N ; ffi h _ _ Milli s:�8j S i':Ei R N 88 O R N [ TOTAL COST 9 NNNNhh ✓oS1 ��pp 10 �i 'Oop1 CIN rv)1 3511 721 I+�T'°oI] NN m m h 18n inm n N Ornn m0 NN $ 14 733 62 1 N N N V) NNN N N N N N vl N ✓' h N N M H - $ mFT ffi V�'i1 5 241073101 1 - rQi F] N N NNN $ v R v 1� V `� n n N n O m N 8n N N H 1 pmS O r'1 w rQ QY 1 N S 28 332 80 c (�v N v, N N N N N N N N N w N N H N N H N h N h N N HN 8- • 88 8r 88 pyO _ 8 1 m • $ 4 291 42 'Bf �SClc�zsos 'Kldafif'rc N NNNNNN ss m NN a N s N F a 1$ 18315 RFC N N -; N N g d giga ~ _ a�° 8 N �: N •� S H -�s :8$ H ✓1 - Vin �x,ill N NN :as$-o 0 °'g�F�Y��ryy�g':p W a Niqr D V , O:wN"- OrbQ C9 -UN F N 000 5�Q N N 5��2 O N rCF0a64 N • s:$egs.: rO; I )- nr 0 81 m h N - . 9E 99Z E s ✓Q] r N . os f o t N N I: ry N :s:." • . f f, m H ' m n N. w • ' .g...s ' m t H j ., 8 m N .. _... .m B - �a.g O H O N Q m N .. gs.ss:g Q9 [] N - n N r - P N Oj fV 0 O M N - nnm H �p N .• a• Yn f N S 5.152291 -.s '� N • ' • s:_�s::sss (QJ \ O N 1QQ� fV m5- N N . N ' m CY RAl N ^ N g H S N 7 674 18 1e�9$g Q H Cmf NNN 1nV O) (JI n $ m- N $ 33 474 00 n ✓3 'p I 0 $:,::. of tVmONNNN q ' $ 6,753 24 as m m q o C^•) P N $ 247 489 91 sn.: rci r N m r.'' N . 9 N I S 16 572 62 1S 3 241 84 ss: llo N m In N ' • . Q CNV N ._ 1as f N C. Y) � Ps.gs..1E:; -V. N n N .: 8n IV N r N : o 8 N s_:$:a$s:s:,� 1.] H : : f(JJ V N 8[Q]QJ O H O N O Y I : 8 O N : •, n N mo (' N a N m S:.88 N ' N n 0 r. •• RR N0 2 8' N ) 'W'8 Q\ N !$$3RSvnie Q N 0 N O O:; N m mo••.. m R N 'ffiS$1Y N N Sg: N tas N 8 N N- :. - R m N 8 N W S$ N W n N 5 45260 N m N N N ^on m N r N 53'8:>; Q N N • r W 8'888-Sg. N O N $5FQ� N N H N• M ER trait' Si grS•`�' o M m O N i• n n 8�,t3 r y 0 1 5 2317 73 0 1'•) N Q N m N N m N N n N Nr N N N R H- N N m H h N ASSr��=�� W u. N N N N ,!1 N N N r N N H M _��:� N N N .m 1 Till" Ii"i .iiii S 8 ., O ,,1 $ K . d N ti i5 to s'i }� tiF8I8'iFFhi ](� 2S 53 (C� 4 G\ —!f IV .7 N $ •1 �'. O Q1 2J C•• S . vita iiiiii S- NN . =8:-S::SS:R: r.. ER.' EN r .. :5::8:-8:: _N.. 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N q n m .- H N •' 8R89 § N Pmm N N 8888S{f N N R• N N N r N m N b xC ~ • w ":8$858:88�8bS8 Q NN 8 0 0) 0 V) S N Y N ✓1 N ppS O O N 1.1 N r 0 O ✓1 m 0 R N Y) N 888::P1$58: ~ ✓IV1N0NN Uo Yf n ✓ 0 r NV r•1 IyN N C' IIFP ::'8:888 8 • f N N N R O P N :•8:888 v, ORBO .r- N N N '•1 N g" S VI M p N m w ' O h O Q N 8 O f N a Q h :8 -O Q N 8 N N :8:918' p O N CI N f• N 88:888:8:8888 h N N V m N -; N • 00 w N• N Q Q V1 m r h N�rp1O t7 f N N 0 .ffi� O N r 0 8 -+ B::S 8 !V °° • IF S N ' 8_88: S NOID N N N : M' ul n M �0 N � N- 88:•:r8 m• N 8• h CI N 8 P•;"w8;;8;°:°8° v1 ~, w; 8:•:•888888: m_ r w _• _ O w; O ' O w; pO - ' O w;88; O:: 25 " - F S: 8888828 8888;::855=::88:88:88:8:88:=8 5�t�25�5n0 25 N00N0y� N 7 N 5 N N 2v N R Sn N N N . R '�1n n N N N R N vN N 25 N 25 0 H N l N e $ m N [; _ _ 37.280 00 I 8 m 0 8 N 58 M m 8 :18 •'e n N :: ". �+ F•? r N 1 5� M N ' 88:888:88:88[S8:r::$ iv H t3 W y�>� 5 N gi' 353 N N m I N [y N Qgt al r N hO N iSo u N n a N 8 h n n N 3$ �7S r N $588:5 TSa' N N• N N 8:8: •_t'1::_$m L O• N $_:":8g8::8�y8: o Q N '•1 N :'�ZS: c ,n H N n H N 1$ 761 124 00 1 8j8�8s8 N 25 N N N25 m o N N n N '. :8j:58j:p8:-5S�_58�y�5��j(�:� 3.'d'. N V] N -ry i3::li w- p N `25M o N RS NNN 252525"lmrIr 00 N S N N ItlQ 8$.513 N W SS:898SS' r N0 -jm N NNN m CNO •n N •QcN- 888 0NN0NNNNNNw 888888888] ) p (V l 88:888_8888-'88::8: n N N NhNhHN rr n J] ✓1 1.1 ' N✓l NN - • N - 8 0 8 N :•88 hh N :8:88: N rN N H 1ssrsrssrsss8sj8OC N N✓1 N Q 0a f7 'O ?�p : 00 N i[i 0 N 0000 00000 ' N N 00000 Q MRNm°nm 000000 0000 00 .of • e Q N hill5i r N N N (y�p5p8: l�,A n N -N v :8SS:_8S88:$p5p-iiiiiiiiiltii Q N w N IO n N f h N .n 9 [II H 0 f N r5 hmor•1mM O N lV lV 8::_8: r N n- N 88 0 V88p8p8y M m :8 - Rn mtD n N :_py8::8 O N . - y r!1 r�V N 'n •• 0 858fp8.:88i'gilltil N i(1 Q N U N : :n•O nL$525r N CI a b 1Dh 88 1•) 00 ,•) I S 39348700 I 8::5Iiiiiiii'll • N 88iiii h N 8.:8::8852::8::8::8:O " N ♦ N f- 1V 17u N _• g N R• N -i-, • OH 0 N $ 8 934.323 00 N IUNR PRICE 1 888888888888 0R$ n m $O[V O YI Oo nOnO g d88:8888:88.:88-.2288, NNNNN Q pp08:v88:88::p8:8 Oi -h P s mNOr•1O$• N0 NN O ,()r0 N N 0 r1� N 0 N n N N N VlnN N N r N N N : S 888j:88888S8888:888888888i N N NN ✓1YpOp8_8 N N N NNNNNNNNN ,fi O � h N NNNNN NN aj mSSS p"" N rrN N N N p O N N 1 Q N r N ' N •m m N N rV� N 0 �V$1.1 fVr 0 .h N N R N . •p;On N $ H N N 0 N N N N N TOTAL COST 8: S n inNi2CC :$:8538:8:"8: ]s-IS.k ESN y�� n ' n- q :• $$:$: N N' " N ii �,— 88::88: - N i�R N' g' N :88'--:88::88: 0n N N 'R N N =:'R�' N 8 H 8 N 8 N 8 8$ 1 N '88::$88858:58888_: •1s;:�2;;;;� Vi' H Gg'r°rP N N H H N ;�R ggQN�mr$ N NNN ;RR N rN N N Y 5 1276 800 00 N : S 47218440 n N 8 N SS8S w SR� N N N :8858:888_"85:888 '�' N H � rnn- N N W =-gR N v) � N RR• N N vS_ N R�R N N I$ __8013421 8:_:888$57 SR N N' N N ✓IN � N N 194 r Nn Difference S - WELD COO: UNIT PRICE _ I N iil NN V) 0 88:: ON N N V1 M N :8888:5:88::_+8:888$8::8888-_S$_llili R$RR N NNNN N r N SS8 n NIF! 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I UNCLASSIFIED EXCAVATION UNSUIT ARI F MATERIAL (MUCK EXCAVATION) (CONT NGENCY) IFRODF ROLLING • + °� •: • • EMBANKMENT MATERIAL (COMPLETE IN RACE; • STRUCTURE EXCAVATION W STRUCTURE BACKFLL (CLASS 2) FILTER MATERIAL ICLASS Al Q u I SHORING (AREA II ) •� I EROSION LOG TYPE 1 (12 NCH)(10 FOOT LONG) I Y. x(� UYY O 4 r, • STORM DRAIN LET PROTECTION (TYPE II; �� • • )+ • [SWEEPING (SEDIMENT REMOVAL' I [REMOVAL OF TRASH [EROSION CONTROL MANAGEMENT (ECM) _ I [RESET MALBOX STRUCTURE RESET END SECT ION •. [SEEDING (TEMPORARY) J • T y DECIDUOUS TREE (1 5 -Inch Caliper) (Flans Cottonwood 1 1 I• 8 ij 'i V ,i DECNnri IS TREE (1 5 -inch Caliper) (Peachleal Wilber) CVSWA Property DErfl rn IS TREE (1 5 -inch Caliper) (Br Jeer) -CVSWA Prot env DECIDUOUS TREE (1 Such Caliper) (American Elm) - CVSWA Property DECIDUOUS TREE (6 FOOT) DECIDUOUS Shrub (60ci) (Sand Bar Willow) - CVWSA Properly SOIL RETENTION BLANKET (STRAWICOCONUTUBIODEGRAUABLE CLASS 1'. n, - REMOVAL OF NESTS 1 HOT MD( ASPHALT GRADING $) (100) (PG 64-22: r .I IGEOTEXT ILE SEPARATOR (DRANAGE)15PEC. A_ 1 IGEOTEXTLE (SEPARATOR) (CLASS 11 1w"1 J STEEL PLING (HP 14)(1021 1ry� Y m RIPRAP (24 INCH) SOIL RPRAP (12 INCH) 4 tt O GROUTED RPRAP SLOPE AND DITCH PAVING �l Q •: • • •1 a ' ' ♦ 4• CONCRETE CI ASS O (BRIDGE[ STRUCTURAL CONCRETE COATING i :• , - W 18 NCH REINFORCED CONCRETE PPE (COMPLETE -N PLACE) 30 NCH REINFORCED CONCRETE PIPE (COMPLETE -IN 48 NCH REINFORCED CONCRETE PIPE (COMPLETE -IN PLACEI 18 NCH REINFORCED CONCRETE END SECTION 30 NCH REINFORCED CONCRETE END SECTION 48 NCH REINFORCED CONCRETE END SECTION MIDWEST GUARDRAIL SYSTEM (MSS) TYPE 3 W -SEAM 31 INCHES •i r END ANCHORAGE (FLARED) ( I FENCE BARBED WIRE WITH METAL POSTS I • 116 FOOT GATE I 16 FOOT GATE TWIN CURB. TYPE 4 (SECTION MI 132 FOOT CATTLEGUARD .,- V3 rQ Z J Z J 12 INCH ELECTRICAL CONDUIT I IST EEL SIGN POST 12 25;Q 25 SQUARE POSTI [SIGN SUPPORT a 25)2 25 SOIIARE)(SUPBASE) ,• ,11 �• • (FIELD OFFICE (CLASS 1) ISANITARY FACILITY ° ea' V a r �~ • IEPDXY PAVEMENT MARKING [THERMOPLASTIC PAVEMENT MARKING (STOP LINE) ° [WETLAND RESIORAT ION& REPLACEMENT F/A MINOR CONTRACT REVISIONS IF/A ASPHALT PAVEMENT INCENTIVE IF/A FUEL COST. 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