The URL can be used to link to this page

Browse Search

Home My WebLink About20174259.tiff0_,04rokrii s MEMORANDUM Date: January 3, 2018 To: Rob Turf, Purchasing Manager From: Richard White, Don Dunker RE: Bid Request No. B1700129 BOCC Approval Date January 8, 2018 EM -BR 54/13A PROJECT - CONSTRUCTION CONTRACT AWARD On December 19, 2017 Weld County received eleven (11) bids for this project. The bids ranged from $244,303.00 to $391,437.00. The low bid was submitted by Colt and Steel, Inc. of Broomfield Colorado. The submitted bid was reviewed for errors and completeness; the references provided positive feedback on this contractor. Weld County Public Works Department is working with CDOT currently to receive authorization to award to the low bidder, Colt and Steel Corporation. Their bid is complete and they are proposing to meet the 8% DBE project goal requirement. It is our recommendation to award the construction contract to this bidder in the amount of $244,303.00. This project is one of the few remaining 2013 flood recovery projects and is eligible for reimbursement from FHWA funding. Attachments: • Bid Tab of all 11 bids. A-octItyP4 bOY‘s-9,/vJ 1--\sui&06L. 0,066,„6(2) -aa�is /-tea-/, BeD�is WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & COLT & STEEL, CORPORATION PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REAIRS 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 Color , by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colors 80631 hereinafter referred to as "County," and Colt and Steel a corporation, whose address is 2160 W. 6th Avenue, Broomfield Co. 80020 hereinafter referred to as "Contractor". WHEREAS, the above mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, 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. B1700129. The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"); to perform the services described on attached Exhibit A. 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 Exhibit A 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 1 oZoi 7- 5257 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 of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. 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. 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 $ 244,303.00, 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 2 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 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 3 or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's 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 4 or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of 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) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 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; $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. Additional provisions: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; 5 v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name Weld County and the State of Colorado as an additional insureds. 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 of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Special Flood Provision. The successful bidder agrees that it is a "Sub -grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub -grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or 6 Either party may change fiCtifleatiortiptoralation;, Contractor: C Attn.: Shaney Address: 2150 Address: E-mail: semme Phone: 303-4 Facsimile: 303 County: Name: Position: Address: Address: Rich Engi PO 1111: E-mail: rdwh{ Phone: 970 - Facsimile: 970 19. Compliance wit rules and regulations in discrimination and unfair 20. Nos-Ecctusive other Contractors or pe 21. Sire incorporated' hew contained in this transactions related to t from the date of the last 17. Interruptions. failure to deliver or othe any cause beyond its r earthquakes or Gove 18. Notices. Cou ("County Representativ proper decisions with re other clarification or inst purposes of this Agree communications (ind conditions of this contra s Agree ent. The Contractor agrees to maintain these documents for three years ayme received. ither .' rty to this Agreement shall be liable to the other for delays in delivery or ise to rform any obligation under this Agreement, where such failure is due to sonabl control, including but not limited to Acts of God, fires, strikes, w, flood, ntal a ons. y may designate, prior to commencement of worts, its project representative who shall make, within the scope of his or her authority, and all necessary and rence the project. All requests for contract interpretations, change orders, and ction s II be directed to County Representative. The County Representativer nt is reby identified as, Clay Kimmi, Senior Engineer. All notices or other annual maintenance) made by one party to the other concerning the taws and shall be deemed delivered under the following circumstances: a. persona . service b. five (5) '' ays fo address d to a c. electro transr acknowl dgmeru d. transm ion vi ackno s dgmen s notic t & Ste mmett 6th A coltsr -2888 2-286 by a reputable courier service requiring signature for receipt; or owing delivery to the United States Postal Service, postage prepaid arty at the address set forth in this contract; or 3ission via email at the address set forth below, where a receipt or is required by the sending party; or facsimile, at the number set forth below, where a receipt or is required by the sending party. address(es) by written notice to the other. 'I Corporation e Unit G Broomfield CO 80020 dsteel.com d White x758 St, G eley, CO 80632-0758 @co. Id.co.us 44N1 x 3742 4-649 Law. ontractor shall strictly comply with all applicable federalmand effect hereafter established, including without limitation, laws appr mploy ent practices. ement. This Agreement is nonexdusive and County may engage Or use s to perform services of the same or similar nature. as. This Agreement including the Rxhibits a ment between the parres s ins trumerit supersedes all prior negoti understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 8 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 of 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. 30. 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 acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 31. 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.) 32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees that, if required by the provisions of Attachment A, the work shall be in compliance with the applicable GENERAL CONDITIONS and is a part of this Agreement. 33. Attorneys 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. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment: County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B and Attachment A, General Conditions of the Contract, is the complete and exclusive 9 NTRACTO 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. WITNESS WHEREOF, the parties hereto have signed this Agreement this oZ,2 day of , 2018. Colt & Steejorporation By: Name: Joseph DeFranco Title: President Date 1/3/2018 WELD CO ATTEST: Weld C BY: y Clerk to the Boar Deputy CI -J to th - Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 2 2 2018 c)2-0/ %— 41O2 ‘7 PERMANENT FLOOD REPAIRS FOR EM -BR 54-13AtBIG THOMPSON RIVER) Page 1 of 1 Bid Request No. B1700129 Weld County, Colorado ADDENDUM NUMBER ONE — November 27, 2017 EXHIBIT 'A' TO CONTRACT DOCUMENTS AND SPECIFICATIONS The following shall be as fully a part of the above -named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal. CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS: • The project Bid Schedule (Item 304, Aggregate Base Course (class 6), on the 2nd page of the Bid Schedule has been revised to indicate that this item is a contingency item, some or all of the item may not be used at the Weld County W.C. Project Manager's discretion. Replace this page with the revised page S-2 (attached). • The project Bid Schedule (Item 304, Aggregate Base Course (class 6) (Special), on the 2nd page of the Bid Schedule has been revised to indicate that this item is a contingency item, some or all of the item may not be used at the W.C. Project Manager's discretion. Replace this page with the revised page S-2 (attached). • The project Bid Schedule (Item 403, Hot Mix Asphalt (Patching), on the 2nd page of the Bid Schedule has been eliminated. Replace this page with the revised page S-2 (attached). • The project Bid Schedule (Item 627, Epoxy Pavement Markings, on the 2nd page of the Bid Schedule has been revised to indicate that this item is a contingency item, some or all of the item may not be used at the W.C. Project Manager's discretion. Replace page S-2 with the corrected Bid Schedule (attached). • Detail Sheets have been added to the plans for the installation of the Soil Retention Blanket and Turf reinforcement Mat (bid items 216). Add plan sheets 16 and 17(attached) to the plan set. • A sample traffic control plan sheet has been added to the plans. Add plan sheets 18 (attached), to the plan set. • The HMA patching details have been eliminated from the details plan sheet. See marked -up plan sheet No.6 of the bid set. • The Detour traffic control plan sheet has been eliminated from the plans. See marked -up plan sheet No.15 of the bid set. NOTE: The time of the mandatory pre -bid conference has changed. The meeting will be held at 2:00 p.m., on NOVEMBER 30, 2017, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Richard White, P.E. Projecfanager November, 2017 BID REQUEST NO. B1700129 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT f�. Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO # B1700129 Pagel TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 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 1 Instructions to Bidders 2-12 *Bid Schedule 13 *Fuel Cost Adjustment Option (see Special Provisions for F/A Items) 14-15 *Bid Bond 16-17 *IRS Form W-9 18 *Anti -Collusion Affidavit (CDOT Form 606) 19 *Bidders List (CDOT form 1413) 20 *DBE Participation Report 21 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 22 *Agreement 23-32 *Performance Bond 33-34 *Labor and Materials Payment Bond 35-36 Notice to Proceed 37 Change Order 38 Minor Contract Revision 39 Certificate of Substantial Completion 45 Lien Waiver 41 Final Lien Waiver 42 Notice of Acceptance 43 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these completed forms to Weld County within five calendar days of selection as the apparent low bidder. *Contractor's Performance Capability Statement (CDOT Form #605) not numbered *Assignment of Antitrust Claims (CDOT Form #621) not numbered *Certification of Proposed Underutilized DBE Participation (CDOT Form #1415) not numbered *DBE Good Faith Effort Documentation (CDOT Form 1416) not numbered WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index SP -2 Project Speial Provisions SP4-55 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index SP -44 Standard Special Provisions not numbered Current Davis Bacon Minimum Wages Decision not numbered Required Provisions for Federal -Aid Construction Contracts (Form FHWA-1273)not numbered BID NO # B1700129 Page ii REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: NOVEMBER 22, 2017 BID NUMBER: B1700129 DESCRIPTION: PERMANENT FLOOD REPAIRS EM -BR 54-13A MANDATORY PRE -BID CONFERENCE DATE: BID OPENING DATE: PRESENTATION TO BOCC: ANTICIPATED NOTICE OF AWARD: ANTICIPATED NOTICE TO PROCEED: ANTICIPATED PROJECT COMPLETION: 1. NOTICE TO BIDDERS: NOVEMBER DECEMBER DECEMBER JANUARY JANUARY MARCH 1861 couNTY 30, 2017 14, 2017 18, 2017 3, 2018 22, 2018 7, 2018 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: PERMANENT FLOOD REPAIRS EM -BR 54-13A This project in general consists of placement of six riprap bendway weirs within the Big Thompson River approximately 450 feet north of Bridge 54/13A, scour repair at the bridge west abutment and wingwalls, and roadway repairs (pavement patching) and the placement of turf reinforcement mat along CR 54. Best Management Practices (BMPs) will include grading and seeding where applicable. The project is located on CR 54 between CR 13 and CR 15. This Project has an 8.0% DBE Goal. This project is a Federal Aid Project with compliance requirements including but not limited to: Certification of EEO Compliance and HUD Federal Labor Standards Provisions (Davis -Bacon) decision number CO170024 dated 6-9-2017. 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.ciov/stats/jobpat/elinstruct.html. A mandatory pre -bid conference will be held at 10:00 a.m., on NOVEMBER 30, 2017, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. 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: 10 a.m. on DECEMBER 14, 2017 (Weld County Purchasing Time Clock). PAGES 1 - 13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Page I 1 BID NO # B1700129 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 — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. 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 of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Page 12 BID NO # B1700129 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, 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 his/her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder Page 13 BID NO # B1700129 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 five (5) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional 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 of 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. 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. Page 14 BID NO # B1700129 Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of 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 Page 15 BID NO # B1700129 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 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 failure to comply with the standards and requirements outlined in Page 16 BID NO # B1700129 the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement. The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such 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 Page 17 BID NO # B1700129 cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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" 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 Page I $ BID NO # B1700129 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: 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 Page 19 BID NO # B1700129 contract, designated construction projects general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; $500,000 errors and omissions; and $5,000 Medical payments 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. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and the State of Colorado as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Page l 10 BID NO # B1700129 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 of 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. 11. SPECIAL FLOOD PROVISION The successful bidder agrees that it is a "Sub -grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub - grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 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. Page 111 BID NO # B1700129 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: PERMANENT FLOOD REPAIRS EM -BR 54-13A PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within 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. 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. Page 112 BID NO # B1700129 ITEM NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE TOTAL PRICE (DOLLARS) (DOLLARS) 201 ( II CLEARING & GRUBBING AC 0.4 $ $ 201 REMOVAL OF DEBRIS LS 1 $ $ 202 REMOVAL OF ASPHALT MAT SY 95 $ $ 202 SAWING ASPHALT MATERIAL (8") LF 120 $ $ 203 UNCLASSIFIED EXCVATION (CIP) CY 880 $ $ 203 MUCK EXCAVATION CY 330 $ $ 208 STRUCTURE BACKFILL (FLOWFILL) CY 20 $ $ 207 TOPSOIL (4" THICK) CY 275 $ $ 208 EROSION LOG (12") LF 190 $ $ 208 GRAVEL BAG LF 230 $ $ 208 SILT FENCE LF 1180 $ $ 208 CONCRETE WASHOUT STRUCTURE LS 1 $ $ 208 VEHICLE TRACKING PAD LS 2 $ $ 210 RESET FENCE LF 18 $ $ 1 211 DEWATERING LS 1 $ $ 212 SEEDING (NATIVE) AC 1.7 $ $ 213 MULCHING (WEED FREE STRAW) AC 1.7 $ $ 218 SOIL RETENTION BLANKET (CLASS 1) SY 900 $ $ 218 TURF REINFORCEMENT MAT (CLASS 3) SY 900 $ $ 304 AGGREGATE BASE COURSE (CLASS 8) TON 30 $ $ 304 AGGREGATE BASE COURSE (CLASS 8) (SPECIAL) TON 100 $ $ 403 HOT MIX ASPAHLT (PATCHING) (PG 84-22) (GRADE S) TON 30 $ $ 420 GEOTEXTILE(DRAIANGE)(CLASS3) SY 520 $ $ 506 RIP RAP (18") CY 300 $ $ 508 RIP RAP (18') (SPECIAL) CY 504 $ $ 820 SANITARY FACILITY LS 1 $ $ 620 FIELD FACILITIES LS 1 $ $ 625 CONSTRUCTION SURVEYING LS 1 $ $ 626 MOBILIZATION J LS 1 $ $ 827 EPDXY PAVEMANT MARKING GAL 0.2 $ $ 830 TRAFFIC CONTROL LS 1 $ $ 630 FLAGGING HR 280 $ S 830 TRAFFIC CONTROL INSPECTION DAY 35 $ $ 830 TRAFFIC CONTROL MANAGEMENT DAY 10 $ $ 826 MOBILIZATION LS 1 $ $ 700 F/A EROSION CONTROL F/A 1 Five Thousand Dollars $ 5,000.00 $ 5,000.00 700 F/A MINOR CONTRACT ADJUSTMENTS F/A 1 Nine Thousand DoNars $ 9,000.00 $ 9,000.00 700 F/A FUEL COST ADJUSTMENT F/A One Thousand Dollars 1.000,00 $ 1,00000 Total Bid (Dollars) s Total Old (Written Wards) S Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown In wards 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 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. 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. X 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 '.' Bids, Draw s, , Specifications and other Contract Documents. Addendum No. 1 Date:11 /28/2017 By: Addendum No. 2 Date: 12/4/2017 By: Addendum No. 3 Date: 12/8/2017 By: Addendum No. 4 Date: 12/11/2017 By: Addendum No. 5 Date: 12/13/2017 By: Bidder agrees to perform all Work described in the Contract Documents for nit es : - s own 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 of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B1700129. 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 of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 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 Colt & Steel Corporation BUSINESS ADDRESS 2150 W 6th Ave Unit G BY Joseph DeFranco CITY, STATE, ZIP CODE Broomfield CO 80020 (Please print) DATE 12/14/2017 TELEPHONE NO 302-2888 FAX 303-442-2869 TAX ID # 46-3791811 SIGNATURE E-MAIL jdefranco@cotandsteelcom BID NO # 81700129 Page j 14 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS # CO170022 01/06/2017 CO24. DO NOT NEED TO SEND BACK PAGES 1 - 13. Wage Determination Page i 15 BID NO # B1700129 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 201 CLEARING AND DRUBBING AC 04 nine thousand nine hundred ninety dollars $ 9,990.00 $ 3,996.00 201 REMOVAL OF DEBRIS LS 1 One thousand six hundred dollars $ 1,600.00 S 1,600.00 203 UTILITY POTHOLING HRS 16 Two hundred thirty dollars $ 230.00 $ 3,680.00 203 UNCLASSIFIED EXCAVATION CY 080 Thirteen dollars & 50/100 $ 13.50 $ 11,880.00 203 MUCK EXCAVATION CY 330 Twelve dollars & 95/100 $ 12.95 $ 4,273.50 206 STRUCTURE BACKFILL (FLOWFILL) CY 20 Two hundred eighty-nine dollars $ 289.00 $ 5,780.00 207 TOPSOIL (4" THICK) CY c 275 Nine dollars & 50/100 $ 9.50 $ 2,612.50 a 208 EROSION LOG (12") a LF 190 + Five dollars $ 5.00 $ 950.00 208 GRAVEL BAG LF 220 Nine dollars & 75/100 $ 9.75 $ 2,145.00 208 SILT FENCE LF 550 One dollar & 75/100 $ 1.75 $ 962.50 208 18" TALL SOIL BERM LF 550 Two dollars & 35/100 2.35 $ . 1,292.50 208 CONCRETE WASHOUT STRUCTURE LS 1 Eight Hundred Seventy five dollar $ 875.00 $ 875.00 290 VEHlug TRACKINGPAD EA 2 One thousand six hundred dollars $ 1,600.00 $ 3,200.00 200 EROSION CONTROL SUPERVISOR PAY 10 One hundred forty-five dollars $ 145.00 $ 1,450.00 211 REWATERING 15 _ 1 Seven thousand six hundred dollars _ $ _ 7,600.00 _ $ 7,600.00 12.11x17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 212 SEEDING (NATIVE) AC 1.7 Five thousand nine hundred dollars $ 5,900.00 $ 10,030.00 213 MULCHING (WEED FREE STRAW) AC 1.7 Two thousand three hundred thirty dollars $ 2,330.00 $ 3,961.00 216 SOIL RETENTION BLANKET (CLASS 1) SY 90Q Three dollars & 70/100 $ 3.70 $ 3,330.00 216 TURF REINFORCEMENT MAT (CLASS a) SY 900 Nine dollars and 5/100 $ 9.05 $ 8,145.00 304 AGGREGATE BASE COURSE (CLASS 6) (fgntingencY) TQN 30 Seventy -Eight dollars & 50/100 $ 78.50 $ 2,355.00 304 . AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)(cgnlingengY) TON 100 Forty-nine dollars $ 49.00 $ 4,900.00 420 GEOTEXTILE (DRAINAGE) (CLASS 31 SY 620 Three dollars & 50/100 $ 3.50 $ 1,820.00 506 RIP RAP (18") CY 300 One hundred two dollars $ 102.00 $ 30,600.00 566 RIP RAP (16') (SPECIAL) Cy 5Q4 One hundred five dollars $ 105.00 $ 52,920.00 607 48" TALL (TEMPORARY) FENCE (BARBED WIRE WITH METAL POSTS) (SPECIAL) (contingency) LF 30Q Seven dollars & 50/100 $ 7.50 $ 2,250.00 620 SANITARY FACILITY EA 1 Four hundred seventy dollars $ 470.00 $ 470.00 62Q FIELD FACILITIES EA 1 Three thousand five hundred dollars $ 3,500.00 $ 3,500.00 625 CONSTRUCTION SURVEYING L$ 1 Three thousand five hundred dollars $ 3,500.00 $ 3,500.00 627 EPDXY PAVEMENT MARKING (contingency) GAL 0.2 Seven hundred fifty dollars $ 750.00 $ 150.00 12-13-17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 630 TRAFFIC CONTROL l,.G 1 Seven thousand five hundred eighty dollars $ 7,580.00 $ 7,580.00 630 ,, FLAGGING , MRS 260 Twenty-nine dollars $ 29.00 $ 8,120.00 630 TRAFFIC CONTROL INSPECTION , DAY 35 One hundred forty-five dollars $ 145.00 $ 5,075.00 630 TRAFFIC CONTROL, MANAGEMENT DAY_ 10 Seven hundred eighty dollars $ 780.00 $ 7,800.00 626 MOBILIZATION LS 1 Fifteen thousand sd five hundred dollars $ 15, 500.00 15, 500.00 700 F/A EROSION CONTROL F/A 1 Ten Thousand Dollars $ 10,000.00 $ 10.000.00 700 FHA MINOR CONTRACT ADJUSTMENTS F/A 1 Nine Thousand Dollars $ 9.000.00 $ 9,000.0D 700 _RA FUEL COST ADJUSTMENT _ F/A 1 One Thousand Dollars $ _ 1,000.00 $ 1,090.00 12..13..77 BID BOND PROJECT; EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Colt & Steel Corporation, KNOW ALL MEN BY THESE PRESENTS, that Incorporated in the State of Colorado as Principal, and Great American Insurance Company, Incorporated in the State of Ohio as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated December 19, 2017 for the EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 15th day of December . 2017 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 Colt & Steel Corporation Address 2150 .6th Avenue, Unit G, roomfield, CO 80020 ATTEST: _ J-• By:, ATTES By: e Anne TCleaux, ness By: Susan7. L.attarul orney-in-Fact Surety Great American Insurance Company Address 301 E Fourth Street, Cincinnati, OH 45202 INSTRUCTIONS Page 16 BID NO # B1700129 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. Me 4. `,.l T om.. ...1 BID NO # B1700129 Pap 117, GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-308-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE Bond No. Bid Bond POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in - fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Name Susan J. Lattarulo Address Limit of Power Greenwood Village, Colorado $100,000,000.00 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15th day of December , 2017 . Attest GREAT AMERICAN INSURANCE COMPANY e. Assistant Secretary STATE OF OHIO, COUNTY OF HAMILTON - as: On this 15th day of December ,2017 before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 41.4; Divisional Senior Vice President &uankMaholt Nay Publkt,Sie dab My61a mini fBON064SOND DAVID C. KITCHIN (a7r377-2405) tatt- This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Puce Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsu►ietyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect ect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect 81194C (8/16) Signed and sealed this 15th day of December , 2017 • Assistant Secretory In the holding. F entItfee, it is yn TIN on page 3. Nob. If the account is In guidelines on whose nL U 2. lam not subject to Service no to Request for Taxpayer Identification Number and Certification tamp I tax k only one of the foilowlilg boxes: C Corporetion ❑ S Partnership Tr Enter the tax classification (G -=C corporation, $r3 corporation, P :perfrnrahlp) LLC that is . _< •, da not check LLC: check the appropriate box in the lino above a number, flow to a Ive Form to the requester. Do not send to the IRS. or ban one name, see the Instructions for line 1 and the chart on page 4 for F s^+Pbftw idlinfticeSoft o enter. 4 in I that; rm le my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and because: (a)1 em exempt from backup withholding, or (b) I have not been notified by the Internal Revenue withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I em lag; and 6 3 7 a a 1 1 3. I am a U.S. nor U.S. person (defined below); and 4. The FATCA code(s) enlisted on this form (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification a because you have failed IIttntterest paid, acquisition erally. payments Instructions on page 3. Sign Here General Section Future as leglslotl Purpose of Form An Individual ar entity (Form lv req is to an i return with the IRS must otr which may be your social number (iT1N), adoption tt ttm number (UN) you, a amount returns include, but are • Form 1099-INT (Intoner • Form 1099-DIV (dl • Form 1009-MISC (various • Form 1099-8 (stock or broken) • Form 1099-S (proceeds hole teal trap ns) • Form 1099-K (merchant add end third petty network transactions) You must cross out Item 2 above If you have been notified by the IRS that you we currently subject to backup withholding report all interest and dividends on your tax return. For real estate transecl*ns, Item 2 does not apply. For mortgage abandonment of secured property, cancellation at debt, contributions to en Individual retirement anengentertt gay, and an in end dividends, you are not required to sign the certification, but you must provide your correct TIN. See the nue Code uree otherwise noted, vaiopments affecting Fonn W4 (auch • Form 1098 (honor (t) • Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide you correct TIN. if you do not Mum Form yy-9 to the star wi a 71N, you might be subject to backup wfthhordrtg. Seewhat le bscaarp wlthhoktiing? on page 2. By signing the flied -out form, you: 1. Certify that the TIN you ore giving is correct (or you are wankel for a number to be Issued), 2. Certify that you em not eub)ect to backup withholding, or 3. Claim wicampAion from backup withholding it you are a U.S. exempt payee, If applicable, you are oleo certifying that as a U.S. person, your allocable share of ar Y p income from a U.S. bade or business is not subject to the w tax on %reign Neuters' share of effer#vety corvpphdIncome, and 4. Certify that FATCA cods(s) entered on this lorrn,(i any) vrdicatlrtg the you em exempt from the FATCA reporting, is cornet. Sew WOO It FATCA seporettir on pogo 2 for runner Inforrrration. 1 n int T Cat, No. 10231X Form W-9 Ow. 12-2014) COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PHOJECTNC) ER CO 030-068 20481 LCCAT6ON SW1/4 OF SE1M OF SECTION 19 AND NW1/4 OF NE1/4 OF SECTION 30, FHWA EMERGENCY RELIEF PROJECT NO, ER 0030.088 TOWNSHIP SN, RANGE 67 WEST OF THE 8TH P.M. I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set his or her behalf and on behalf of my firm. I further attest that: I. The price(s) and amount of this bid have been arrived at independently, without consultation, communication agreement for the purpose or with the effect of restricting competition with any other firm or person who 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 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 this project have been disclosed to me or my firm. 3k No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally competitive bid or other form of complementary bd. 3B. No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this 4. The bid of my firm is made In good faith and not pursuant to any consultation, communication, agreement discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, petttwe 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 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 person to retrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary 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 sate of materials services to any firm or person, and has not been promised or paid cash or anything of value by any firm whether In connection with this or any other project, in consideration for my firm's submitting any intentionally 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 at 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 them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, 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 concealment from the Colorado Department of Transportation, of the true facts relating to submission of contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE OF MY KNOWLEDGE. of this out below on or is a bidder bidder or bidder on bidder to high or non- bidder project. or noncorn- or firm or bid or or person, high, by each of or fraudulent bids for this OR BEST C 0rilracrat amt sr oOmFSOY 0 6106 Colt & Steel Cori oration By Ji, .,7rule V re !dent tad oomr644ra in oroamrany name- Or ion' vontat64 Sy C Sworn to before me this `� rl `�\ day of, ( )p 20 ti - l �J +rt.� � , /� Notary Pubtlo KELLY LOOMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184043029 MY COMPASSION EXPIRES NOVEMBER 10, 2020 r --- My oommibort 0X0irae lk j C 1� ! NOTE: This document must be signed In Ink. COOT Form 4006 tl6@ BID NO # B1700129 Pages 19 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST ER CO 030-068 FHWA Emergency Relief P act 20481 12/19/2017 Colt & Steel Corporation Firm Name Email Aggregate Logistics Albert Frei Allied Recycled Aggregates American Sports Material Amolds Seeding Bowman Construction Flash Fill Services Lightfield Enterprises Martin Marietta Northern Colo Traffic Control Traffic Managment Inspection Name Joseph DeFranco Wank Proposal Cooperman: f, t.Estort NB e e S!,pryte3 2 Fta,T.Jw garil Traffic Canso/ 3. Truckong a,'rc! Hara'trsJ d Recast Concrhte. FGUOclattJJris and Foonnos 5. Conaale Pewrp, network end Repe+r B: Leghtinoaod Eta -Vice, 7 Steins. Sign 1Irrsteflahon. and Guard.,er/ 9 Penang 9 Buileingsand VatticatSlructrres (0. Unlit). Wat • arra Sewer'.Lincs jasonrocks1@yahao.com rfoster@albertfreiandsons.com alliedsalest alliedrecycle.com bschell@bestwayconcrete.com dhill@arnoldsgraup.com dalynn@bowmanconstructionsupply.com bobbouen@flashfillservices.com twheatiey©lig htfieldenterprises,com john.daslerama rtinmarietta.com nctclmoran@aolcom rusty.burdette©traffrcmanagemenLcam seansecdi-services.cam SlgnatureAnlilals ft Stardust Steel arri Steel Remberamen/ fr 12 Rrpraend Aecfw* / RefemingWaBs 13 Larrrtsaare and t jS on Con 14 BncI'e and Bnokie Oe.:X Cansttvctron 15 A..stitaft Paving 16 Road and Parking Lor!'{erktng 17 Chip Sea/. Crack Seal; .3 int S991 anti Creek Fgl 18 Bodge Paroling and Caef ng lit Stattway ere Gnernerrkri Meal 20 Park!ng Lots sr4 Contnrercraf Srdeusltis 1 Work Proposed (Select all that apply) 1 1 1 13 1 2 1 2 2 13 1 le President 8 DBE Selected (YOW Y N N N Y Y N N N N N N 2 f . Ce'eadrrg. PeMIFttror1!, Excavation e! -Kt Ea #8i: ar 22 Epaoleerngand Surveying S9r ices Ret3uOrrs arid h.swifwae,rar7 24. Piles and betili Fou!fOS Or!s 25. the Management arxt Recydtng 2E_ Stte Clean lip 27. A Iectrangel and N, ""VAC 28 Tuno of Construction 29. Pni*hrrgand G./Mink) 30 EnorbnrterJa/Heal') and Safety This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot hq_dbefonmsiastate.co.us. N N N N N N N N N Y N N Date 12/1 CDOT Form #1413 01/14 BID NO # B1700129 Page 120 17 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Colt & Steel Corporation Project PermanSnt Flood Repairs/ FHWA Emergency Relief Pr4 Contact RE Stout Project Code: 20481 Phone: 303-442-2888 Date of Proposal: 12/14/2017 Email: rstout©coltandsteel.com Contract Goal: 8% Preferred Contact £vi thod: DBE Firm Name email Work to Be Region: Performed 8 Commitment Amount Eligible Participation Northern Cob Traffic Control Traffic Control 24,575.00 24,575.00 Total Eligible Participation 24,375.00 Total Bid Amount 244,303.00 0, Total El • ibla Partici Percen ,:. _ Thls section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state that the statements made in this document are true and complete to the best your knowledge. Further, you attest that 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 demonstrated good cause. Once your proposal has been submitted; commitments may not be modified or terminated approval of COOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed have not' met the contract goal, you will also be required to submit documentation of all good faith efforts to Meet the It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible has been properly counted. For additional information and instructions on calculating eligible participation, see the Provision Disadvantaged Business Enterprise Requirements, 10% authorized or federal laws you have read otherwise without the above. If you contract goal. participation Standard Special 1te Name Joseph DeFrenco Title President Signature 12/19/2017 This form must be submitted by the proposal deadline. For CDOT projects, a emit to cdot_hq dl efonns,state.co,us. Civil Rights and Business Resource Center CDOT Form # 1414 01114 Page 21 BID NO # B1700129 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project Contact Project Code: Phone: Date of Proposal Email: Contract Goal: Preferred Contact Method: I Region: DBE Commitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature 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 This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_d beforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 Page I21 BID NO # B1700129 NOTICE OF AWARD PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT To: Project Description: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT This project in general consists of placement of six riprap bendway weirs within the Big Thompson River approximately 450 feet north of Bridge 54/13A, scour repair at the bridge west abutment and wingwalls, and roadway repairs (pavement patching) and the placement of turf reinforcement mat along CR 54. Best Management Practices (BMPs) will include grading and seeding where applicable. The project is located on CR 54 between CR 13 and CR 15. 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 the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) business days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within five (5) business 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 , 2017 Weld County, Colorado, Owner By: Richard White, P.E., Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2017 By: Title: Page 122 BID NO # B1700129 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT THIS AGREEMENT is made and entered into this day of , 2017, 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, the above -mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, 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. B1700129. The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"); to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 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. Page 123 BID NO # B1700129 Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. 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. 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 Page 124 BID NO # B1700129 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 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 Page 125 BID NO # B1700129 for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating 'Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of 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: Page 126 BID NO # B1700129 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; $50,000 any one fire; $500.000 errors and omissions; 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. Additional provisions: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name Weld County and the State of Colorado Department of Transportation as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Page 127 BID NO # B1700129 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 of 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 Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 Builders' Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 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 Page 12$ BID NO # B1700129 consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g• The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 14. Special Flood Provision. The successful bidder agrees that it is a "Sub -grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14- D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub - grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, 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: Page 129 BID NO # B1700129 Contractor: Attn.: Address: Address: E-mail: Phone: Facsimile: County: Name: Richard White Position: Engineer Address: PO Box 758 Address: 1111 H St, Greeley, CO 80632-0758 E-mail: rdwhite@co.weld.co.us Phone: 970-304-6496 x 3742 Facsimile: 970-304-6497 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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. 24. 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. 25. 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. 26. 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 Page I30 BID NO # B1700129 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. 27. 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. 28. 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. 29. 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 of 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. 30. 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 acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 31. 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 Page I31 BID NO # B1700129 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.) 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment: County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B and Attachment A, General Conditions of the Contract, 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 2017. CONTRACTOR: By: Date Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Julie Cozad, Chair Page 132 BID NO # B1700129 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 , 2017, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. Page 133 BID NO # B1700129 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 , 2017. 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. Page 134 BID NO # B1700129 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD 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 , 2017, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. 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. Page 135 BID NO # B1700129 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 2017. 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. Page 136 BID NO # B1700129 NOTICE TO PROCEED PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT To: Date: Name of Project: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Richard White, P.E., Project Manger Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2017. By Title Page 137 BID NO # B1700129 CHANGE ORDER NO. (EXAMPLE) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Date: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. 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: Richard White, P.E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: Page 13 $ BID NO # B1700129 MINOR CONTRACT REVISION NO. (EXAMPLE) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Date: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: RECOMMENDED: Owner Representative: Date: Richard white, P.E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: Page 139 BID NO # B1700129 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Owner's Project No: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Engineer's Project No: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. Contractor: Contract For: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: Page 140 BID NO # B1700129 LIEN WAIVER (GENERAL CONTRACTOR) EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT TO: Weld County Public Works Attn: Richard White, P.E., Project Manager 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 -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Invitation for Bids, Bid No. B1700129. 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 2017. by My commission expires: Notary Public Page 141 BID NO # B1700129 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 2017, 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) Title: (Signature of Authorized Representative) INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. Page 142 BID NO # B1700129 TO: NOTICE OF ACCEPTANCE PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Date: RE: PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT described in the Bid No. B1700129. 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. ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of , 2017. By (Contractor) Title By: Richard White, P.E., Project Manager Weld County, Colorado, Owner Page 143 BID NO # B1700129 STANDARD SPECIAL PROVISIONS SSP EM -BR 54/13A WELD COUNTY PUBLIC WORKS DEPARTMENT PROJECT SPECIAL PROVISIONS INDEX Notice to Bidders Commencement and Completion of Work COOT DBE & OJT - Goals EEO Compliance Revision of Section 101 - Definition of Terms Revision of Section 104 - Scope of Work Revision of Section 105 - Control of Work Revision of Section 105 - Control of Material Revision of Section 107 - Legal Relations and Public Responsibility Revision of Section 108 - Prosecution and Progress Revision of Section 109 - Measurement and Payment Revision of Section 201 - Clearing and Grubbing Revision of Section 202 - Removal of Structures and Obstructions Revision of Section 203 - Unclassified Excavation Revision of Section 206 - Excavation and Backfill for Structures Revision of Section 207 - Topsoil Revision of Section 208 - Erosion Control Revision of Section 210 - Reset Structure Revision of Section 211 - Dewatering Revision of Section 212 Seeding, Fertilizer, Soil Conditioner, and Sodding Revision of Section 213 -- Mulching Revision of Section 216 - Soli Retention Covering Revision of Section 304 - Aggregate Base Course Revision of Section 403 — Hot Mix Asphalt Revision of Section 420 — Geotextile Separator Revision of Section 506 — Rip Rap SP -3 SP -4 SP -5,6 SP - 7 SP - 8 SP -9,10 SP -11-13 SP -14,15 SP -16-18 SP -19-21 SP -22,23 SP - 24 SP -25 SP -26 SP - 27 SP - 28 SP -29,30 SP - 31 SP - 32 SP -33,34 SP -35-37 S P-38-43 SP - 44 SP -45 SP - 46 SP - 47 Revision of Section 620 — Field Facilities Revision of Section 626 — Construction Surveying Revision of Section 626 - Mobilization Revision of Section 630 - Construction Zone Traffic Control Force Account Items Utilities Coordination Current Davis Bacon Minimum Wages Decision Required Provisions for Federal -Aid Construction Contracts (Form FHWA-1273) SP - 48 SP -49 SP - 50 SP -51-53 SP - 54 SP -55 SP -56 SP - 57 April 9, 2015 REVISION OF SECTION 102 CONTENTS OF PROPOSAL FORMS Section 102 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 102.02 and replace with the following 102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to perspective bidders on the CDOT Business Center web site. The forms on this web site will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time and place of the opening of proposals. All bidders on projects shall submit electronic bids only. Innovative delivery method projects such as Design -Build, CMGC and Best Value, are not subject to this electronic bidding requirement. The plans, specifications, and other documents designated in the proposal form, will be considered a part of the proposal. The prospective bidder shall pay the Department the sum stated in the Invitation for Bids for each set of plans. SSP May 4, 2017 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. In order to be eligible for contracting with CDOT, the apparent low responsible bidder shall register with the B2GNow software system on or before the fifth calendar day after the bid opening and shall update the registration on an annual basis. Failure to submit the Forms 605 and 621 and to register with the B2G Now software system may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guaranty. SSP July 31, 2014 REVISION OF SECTION 105 CONSTRUCTION SURVEYING Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.13, delete (a) and replace with the following: (a) Contractor Surveying. When the bid schedule contains pay item 625, Construction Surveying, the Department will provide control points and bench marks as described in the Contract. The Contractor shall furnish and set construction stakes establishing lines and grades in accordance with the provisions of Section 625. The Engineer may order extra surveying which will be paid for at a negotiated rate not to exceed $150 per hour. In subsection 105.13 (b), delete the sixth paragraph and replace with the following: The Contractor shall be held responsible for the preservation of all stakes and marks, and if any are destroyed, disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing them will be charged against the Contractor and will be deducted from the payment for the work at a negotiated rate not to exceed $150 per hour. SSP July 29, 2011 REVISION OF SECTION 105 CONSTRUCTION DRAWINGS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.02(f) SSP October 31, 2013 1 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. SSP February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. SSP November 6, 2014 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.11 shall include the following: The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. SSP May 4, 2017 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: All companies that will provide $10,000 or more in supplies or materials on any CDOT project must be registered in the B2GNow software system and shall update the registration on an annual basis. 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. SSP February 23, 2017 1 REVISION OF SECTIONS 106, 627 AND 713 GLASS BEADS FOR PAVEMENT MARKING Sections 106, 627, and 713 are hereby revised for this project as follows: Subsection 106.11 shall include the following: All post -consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads. Subsection 627.06 (c) shall include the following: Glass beads shall be applied into the thermoplastic pavement marking by means of a low pressure, gravity drop bead applicator. In subsection 713.08, delete the first and third paragraphs and replace with the following: 713.08 Glass Beads for Pavement Marking. Glass beads for pavement marking shall conform to AASHTO M 247, except for the following: (1) Gradation: U.S. Mesh Microns % Passing Epoxy Waterborne, and Low VOC and MMA Hiah Build 16 18 20 30 1180 90-100 100 1000 1 65-80 97-100 850 85-100 600 i 30-50 50-70 h40 425 10-35 50 300 I 0-5 0-10 80 _180 j 0-5 (2) Roundness: All beads shall meet a minimum of 80 percent true spheres in accordance with the Office of Federal Lands Highways FLH T520 or a computerized optical testing method. (3) Color / Clarity: Beads shall be colorless, clear, and free of carbon residues. (4) Refractive Index: Minimum 1.51 by oil immersion method. (5) Air Inclusions: Less than 5 percent by visual count. (6) Coatings: Per manufacturer's recommendation for optimum adhesion and embedment. (7) Chemical Resistance: Beads shall be resistant to hydrochloric acid, water, calcium chloride, and sodium sulfide as tested per methods outlined in sections 4.3.6 to 4.3.9 of the TT -B Federal Spec.1325D. (8) For Epoxy Pavement Marking, a minimum of 50 percent of the total weight shall be manufactured using a molten kiln direct melt method. For Waterborne and Low VOC Paint, a minimum of 15 percent of the total weight shall be manufactured using a molten kiln direct melt method. All molten kiln direct melt glass beads shall be above the 600 pm (#30) sieve. Glass beads used for any type of pavement marking shall not contain more than 75 parts per million (ppm) arsenic, 75 ppm antimony and 100 ppm lead, as tested in accordance with EPA methods 3052 and 6010C, or other approved testing method SSP (9) February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. SSP January 30, 2014 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified. SSP March 29, 2016 1 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.25 and replace with the following: 107.25 Water Quality Control. The project work shall be performed using practices that minimize water pollution during construction. All the practices listed in (b) below shall be followed to minimize the pollution of any State waters, including wetlands. (a) Definitions. 1. Areas of Disturbance (AD). Locations where any activity has altered the existing soil cover or topography, including vegetative and non -vegetative activities during construction. 2. Construction Site Boundary/Limits of Construction (LOC). The project area defined by the Stormwater Construction Permit. 3. Discharge of Pollutants. One or more pollutants leaving the LOC or entering State waters or other conveyances. 4. Limits of Disturbed Area (LDA). Proposed limits of ground disturbance as shown on the Plans. 5. Pollutant. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)] 6. Pollution. Man-made, man -induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. [25-8-103 (16), CRS] 7. State waters. Defined in subsection 101.77. (b) Construction Requirements. 1. The Contractor shall comply with the "Colorado Water Quality Control Act" (Title 25, article 8, CRS), the "Protection of Fishing Streams" (Title 33, Article 5, CRS), the "Clean Water Act" (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply. 2. If the Contractor determines construction of the project will result in a change to the permitted activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Within five days after receipt of the report, the Engineer, after coordination with Region Planning and Environmental Manager (RPEM), will approve or reject in writing the request for change, or detail a course of action including revision of existing permits or obtaining new permits. 3. If construction activities result in noncompliance of any permit requirement, the project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency. 4. The Contractor is legally required to obtain all permits associated with specific activities within, or off the Right of Way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor's responsibility to obtain these permits. The Contractor shall consult with the Engineer, and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. SSP March 29, 2016 2 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) 5. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters. Erosion control work shall be performed in accordance with Section 208, this subsection, and all other applicable parts of the Contract. 6. Prior to the Environmental Pre -construction Conference the SWMP Administrator, identified in subsection 208.03(c), shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, if found to have such potential: (1) All exposed and stored soils (2) Vehicle tracking of sediments (3) Management of contaminated soils (4) Vehicle and equipment maintenance and fueling (5) Outdoor storage activities (building materials, fertilizers, chemicals, etc.) (6) Significant dust or particle generating processes (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. (8) On site waste management practices (waste piles, dumpsters, etc.) (9) Dedicated asphalt and concrete batch plants (10) Concrete truck and equipment washing, including the concrete truck chute and associated fixtures and equipment (11) Concrete placement and finishing tool cleaning (12) Non -industrial waste sources that may be significant, such as worker trash and portable toilets (13) Loading and unloading operations (14) Other areas or procedures where spills could occur The SWMP Administrator shall record the location of potential pollutants on the site map. Descriptions of the potential pollutants shall be added to the SWMP notebook. At or prior to the Environmental Pre -construction Conference the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See subsection 208.06(c) for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. On site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a "reasonable expectation of an oil discharge" to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is covered, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Prior to start of work, the Contractor shall submit a SPCC Form which has been approved by the EPA for the project. SSP March 29, 2016 3 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) 7. The Contractor shall obtain a Construction Dewatering (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to State waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE in accordance with Section 250. 8. Water from dewatering operations shall not be directly discharged into any State waters, unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless: (1) Written permission is obtained from the owner of the ditch. (2) It is covered in the approved CDW or Remediation permit that allows the discharge. (3) A copy of this approval is submitted to the Engineer. A copy of the Permit shall be submitted to the Engineer prior to dewatering operations commencing. If the site is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS- SCP) and the following conditions are met, a separate CDW permit will not be required for discharge to the ground: (1) The source is identified in the Stormwater Management Plan (SWMP) as updated by the SWMP Administrator. (2) The SWMP describes and locates the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater. (3) The SWMP describes and locates the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers. (4) Groundwater and groundwater combined with stormwater do not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface water are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g. disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground. Construction Dewatering may be discharged to the ground on projects that are not covered by a CDPS- SCP if the conditions of the CDPHE's low risk guidance document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are: (1) The source of the discharge is solely uncontaminated groundwater or uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above. (2) Discharges from vaults or similar structures shall not be contaminated. Potential sources of contamination include process materials used, stored, or conveyed in the structures, or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives. (3) The groundwater discharge does not leave the project boundary limits where construction is occurring. (4) Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. SSP March 29, 2016 4 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) (5) Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing BMPs that are designed to reduce velocity flow. If the BMPs used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff. (6) A visible sheen is not evident in the discharge. (7) BMPs are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. (8) All BMPs used shall be selected, installed, implemented, and maintained according to good Engineering, hydrologic and pollution control practices. The selected BMPs shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. Discharged water shall be drained slowly so that it soaks into the ground without running outside the project boundary or causing flooding issues. The discharge shall be routed in such a way that it will not contact petroleum products or waste. 9. At least 15 days prior to commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer. 10. Temporary fill into wetlands or streams will not be allowed, except as specified in the Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract. 11. Construction operations in waters of the United States as defined in 33 CFR Part 328.3, including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters will be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. 12. Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow material, or any other construction support activity. 13. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into State waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering State waters. A minimum of ten days prior to the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. 14. The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be in accordance with the manufacturer's recommended application rates, frequency, and instructions. SSP March 29, 2016 5 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) 15. All materials stored on -site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer's label. Materials shall not be stored in a location where they may be carried into State waters at any time. 16. Spill prevention and containment measures conforming to subsection 208.06 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer's recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing. 17. The Contractor shall prevent construction activities from causing grass or brush fires. 18. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. 19. Prior to start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned prior to initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified prior to being brought onto the project site. 20. Vehicles which have been certified by the Contractor as having been cleaned prior to arrival on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified. 21. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. 22. Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate BMP. (c) Measurement and Payment. 1. All the work listed in (b) above, including but not limited to dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for CDPHE concurrences and permits, will not be measured and paid for separately, but shall be included in the work. 2. The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor's noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. 3. The Contractor will not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices. 4. If a spill occurs as a direct result of the Contractor's actions or negligence, the clean-up of such spill shall be performed by the Contractor at the Contractor's expense. 5. Areas exposed to erosion by fire resulting from the Contractor's operations shall be stabilized in accordance with Section 208 by the Contractor and at the Contractor's expense. (d) Contractor Obtained Stormwater Construction Permit. The Contractor shall obtain a Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) for any project work that disturbs at least 1 acre of land. The Contractor shall apply for and obtain the permit upon award of the Contract. The Contractor shall provide a copy of permit certification or the suttted CDPS-SCP application to the Engineer prior to or March 29, 2016 6 REVISION OF SECTION 107 WATER QUALITY CONTROL (CONTRACTOR OBTAINED STORMWATER PERMIT) at Pre -construction Conference. No work shall begin until the CDPS-SCP permit has been approved from CDPHE, unless otherwise directed. A copy of the Permit and application to obtain a permit shall be placed in the project SWMP notebook. If a Utility Company has pulled a permit for the area prior to the Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas over to the Contractor prior to work commencing. The Contractor shall not commence construction until Application for Transfer of Ownership for All Permits, Certifications and Authorizations has been approved by CDPHE and submitted to the Engineer. To initiate Partial Acceptance of the stormwater construction work (including seeding and planting required for erosion control), the Contractor shall request in writing a Stormwater Completion Walkthrough. The Engineer will set up the walkthrough and will include: the Engineer or designated representative, Superintendent or designated representative, Stormwater Management Plan (SWMP) Administrator, Region Water Pollution Control Manager (RWPCM) and Landscape Architect representing the region. Unsatisfactory and incomplete erosion control work will be identified in this walkthrough, and will be summarized by the Engineer in a punch list. The Water Quality Permit Transfer to Maintenance Punch List may be used as a template in creating the Engineer's punch list. The Engineer will coordinate with CDOT Maintenance on 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 CDOT Maintenance. When requested by CDOT Maintenance and approved by the Engineer, the Permit may be transferred by the Contractor to the Resident Engineer instead of CDOT Maintenance. Until the transfer of the permit has been approved by the CDPHE the Contractor shall continue to adhere to all permit requirements. Requirements shall include erosion control inspections, BMP installation, BMP maintenance, BMP repair, including seeded areas, and temporary BMP removal. All documentation shall be submitted to the Engineer and placed in the SWMP notebook. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work in accordance with subsection 107.02. SSP July 20, 2017 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount t'$1 I From More Than To And Including 500,000 500,000 1,000,000 Liquidated Damages per Calendar Day ($) 900 1,500 2,200 4,100 5,500 9.900 1,000,000 2,000.000 2,000,000 5,000,000 { 5,000,000 15,000,000 15,000,000 SSP February 18, 2016 REVISION OF SECTION 108 HOLIDAY WEEKEND Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete the second paragraph and replace with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays or holidays unless previously arranged and approved. The Contractor shall not perform work on any day of a three or four day holiday weekend when the holiday is New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day. Construction operations shall stop at 12:00 Noon the day before the start of the holiday weekend and shall commence the day after the three or four days have passed. The Contractor shall only make emergency repairs, and provide proper protection of the work and traveling public on these days. SSP April 30, 2015 1 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete (c) and (d) and replace with the following: (c) Delay. Any event, action or factor that extends the performance period of the Contract. 1. Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's fault or negligence. The Department may grant a contract time extension for an excusable delay. A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the Contractor to a time extension and monetary compensation. Monetary compensation for compensable delays will be made in accordance with Subsection 109.10. B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is responsible for that may entitle the Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). 2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for which the Department will not grant monetary compensation or a contract time extension. 3. Concurrent Delay. Independent delays to critical activities occurring at the same time. A. The Department will not grant a time extension or additional compensation for the period of time that a non -excusable delay is concurrent with an excusable delay. B. The Department may grant time but no compensation for the period of time that a non-compensable delay is concurrent with a compensable delay. Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations, or other causes that could have been foreseen or prevented will be considered nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some unusual market condition caused by industry -wide strike, national disaster, area -wide shortage, or other reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the allowable contract time limits will be considered excusable delays. (d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the Contractor's delay documentation and supporting analysis. Part 1: The Contractor shall provide the written notice of delay within seven days of the delay occurrence. The notice shall describe the delay and include documentation substantiating the nature and cause of the delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or compensation. Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all documentation needed to support the time extension request. In order to request additional contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or activities were on the critical path or became critical due to the delay. SSP April 30, 2015 2 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME The Engineer will base a determination of an allowable contract time extension on: (1) The current Schedule in effect at the time of the alleged delay; (2) The supporting documentation submitted by the Contractor; (3) The contemporaneous schedule analysis; and (4) Any other relevant information available to the Engineer. For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to the project completion date by: (1) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule that is current at the time of the change order; (2) tying the fragnet into the schedule logic; and (3) Recalculating the schedule. The Department will not consider delays to activities which do not affect the performance period of the Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension, the revised Contract Completion date will be in effect as though it were the original contract date. A Contractor's failure to have an approved, or approved with comments, current project schedule in place will preclude the Department from considering a Contractor's a time extension request. SSP July 31, 2014 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. SSP July 31, 2014 1 REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following 108.03 Project Schedule. (a) Definitions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g., a 5 -day work -week and a 7 -day work -week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start ,or the earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered float. Gantt Chart. A time -scaled graphical display of the project's schedule. Lag. A time -value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). Milestone. An activity, with no duration used to represent an event. Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity. Predecessor Activity. An activity that is defined by schedule logic to precede another activity. Relationship. The interdependence between activities. Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but may not affect the overall completion of the project. SSP July 31, 2014 2 REVISION OF SECTION 108 PROJECT SCHEDULE Successor Activity. An activity that is defined by schedule logic to follow another activity. Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed. (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre - construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression of all activities required to complete the work. The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no -work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start -to -finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start -to - start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish -to -start or a finish -to -finish relationship. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. SSP July 31, 2014 3 REVISION OF SECTION 108 PROJECT SCHEDULE Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less. The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1) Approved, no exceptions taken; (2) Approved -as -Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time -scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activity Description Original Duration Early start date Late start date* Actual Start date" Calendar used on the activity Remaining Duration" Gantt chart (time -scaled logic diagram) Total Float Early finish date Late finish date* Actual Finish date" Activity Responsibility Duration Percent Complete" *Required with the Preliminary and Baseline Schedule. "Required with the Project Schedule Update and Schedule Revision. The Contractor shall include the following with all schedule submittals: (1) A Job Progress Narrative Report that includes the following: (i) A description of the work performed since the previous month's schedule update. (ii) A description of problems encountered or anticipated since the previous month's schedule submission. (iii) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. SSP July 31, 2014 4 REVISION OF SECTION 108 PROJECT SCHEDULE (iv) The status of all pending items that could affect the schedule. (v) Explanations for milestones forecasted to occur late. (vi) Scheduled completion date status and any change from the previous month's submission. (vii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. (viii) Schedule Delays: 1. A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2. Delay type with reference to the relevant specification subsection. 3. Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5. Identification of the actions needed to avoid a potential or mitigate an actual delay. 6. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. (ix) A list of all added and deleted activities along with an explanation for the change. (x) All logic and duration changes along with an explanation for the change. (2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (3) An Early Start report listing all activities, sorted by actual start/early start date. (4) A Float report listing all activities sorted in ascending order of available float. (5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. (6) A listing of all non -work days. For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the CPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date. (d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. (e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved. When approved, the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the Baseline Schedule. SSP July 31, 2014 5 REVISION OF SECTION 108 PROJECT SCHEDULE If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (f) (g) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement (1) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for reports do not apply to the Weekly Planning Schedule. (i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: (1) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition, deletion, or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; (6) If the Engineer determines that the schedule dompot reflect the actual work. July 31, 2014 6 REVISION OF SECTION 108 PROJECT SCHEDULE This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved, the Schedule Revision becomes the Project Schedule. (j) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. SSP May 4, 2017 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to the subcontractor beginning any work, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. All firms to which a Prime will be subletting a portion of the Contract must be registered in the B2GNow Software System and shall update the registration on an annual basis. If the firm is not registered, approval of the Form 205 may be withheld. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. SSP May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that 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 not otherwise included in (5) below; (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 invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (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. SSP February 3, 2011 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid_ When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item 202 -Removal of Asphalt Mat (Planing) 203 -Excavation (muck, unclassified) Embankment, Borrow 203 -Rock Excavation 206 -Structure Excavation and Backfill [applies only to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] 304 -Aggregate Base Course (Class ) 304 -Aggregate Base Course (Class_) 307 -Processing Lime Treated Subgrade 310 -Full Depth Reclamation 403 -Hot Mix Asphalt (HMA) (Grading _) * 403 -Stone Matrix Asphalt (Grading _) 405 -Heating and Scarifying Treatment 405 -Heating and Repaving Treatment 405 -Heating and Remixing Treatment 406 -Cold Bituminous Pavement (Recycle) 412- Concrete Pavement ( Inchl 412 -Place Concrete Pavement** Pay Unit Square Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Ton Square Yard Square Yard Ton Ton Square Yard Square Yard Square Yard Square Yard Square Yard Square Yard *Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment. **Use the thickness shown on the plans. Fuel Factor (FF) 0.006 Gal/SY/Inch depth 0.29 Gal/CY 0.39 Gal/CY 0.29 Gal/CY 0.85 Gal/CY 0.47 Gal./Ton 0.12 Gal/SY 0.06 Gal/SY 2.47 Gal/Ton 2.47 Gal/Ton 0.44 Gal/SY 0.44 Gal/SY 0.44 Gal/SY I 0.01 Gal/SY/Inch depth 0.03 Gal/SY/Inch thickness 0.03 Gal/SY/Inch thickness SSP February 3, 2011 2 REVISION OF SECTION 109 FUEL COST ADJUSTMENT B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula EP greater than BP: FA = (EP — 1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: BP = Average fuel price index for the calendar month prior to the calendar month in which bids are opened EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate pay period ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item 0 = Pay quantity for the pay item on the monthly partial pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8 -inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre - Construction Conference of the 20th of the month a February estimate will include HMA quantities (0) measured from the 21St of January through the 20th of February, the FF will be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDOT. E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay, F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. SSP February 3, 2011 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17th paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. SSP October 29, 2015 REVISION OF SECTION 109 SCALES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 11th paragraph and replace with the following: Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.gov/pacificiaginspection/scale-companies) as least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor or the Contractor may utilize commercial scales. SSP January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 inch to 6 inch 8 inch to 10 inch 4 years 2 years 1 year SSP January 20, 2017 1 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) Section 109 of the Standard Specifications is hereby revised for this project as follows In subsection 109.06, delete (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. In subsection 109.06, delete (f) and replace with the following: (t) Retainage by the Contractor. The Contractor may withhold retainage of each progress estimate on work performed by subcontractors. If during the prosecution of the project, a subcontractor satisfactorily completes all work described on Form 205, as amended by changes directed by the Engineer, the following procedure will apply: 1. The subcontractor may make a written request to the Contractor for the release of the subcontractor's retainage. 2. Within ten working days of the request, the Contractor shall determine if all work described on Form 205 has been satisfactorily completed and shall inform the subcontractor in writing of the Contractor's determination. 3. If the Contractor determines that the subcontractor has not achieved satisfactory completion of all work described on Form 205, the Contractor shall provide the subcontractor with written notice, stating specifically why the subcontract work is not satisfactorily completed and what has to be done to achieve completion. A copy of this written notice shall be provided to the Engineer. 4. If the Contractor determines that the subcontractor has achieved satisfactory completion of all work described on Form 205, the Contractor shall release the subcontractor's retainage within seven calendar days. 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. 6. Within 14 calendar days after receiving the Contractor's request, the Engineer will make inspection of all work described on Form 205. The Engineer will measure and furnish the final quantities to the Contractor of the items completed by the subcontractor. Agreement on these final quantities by the Contractor will not constitute the acceptance of the work described on Form 205 by the Engineer. SSP January 20, 2017 2 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) 7. If the subcontractor performs only a portion of an item of work, the Contractor shall release retainage in accordance with the procedures stated above and when the subcontractor has completed all of the work included in the subcontract, however, final measurement of quantities will not be made until the item of work and all of the work on the associated Form 205 has been completed. 8. If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work in accordance with Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the LPA. The requirements stated above do not apply to retainage withheld by the LPA from monies earned by the Contractor. The LPA will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision. 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. 10. The Contractor shall be solely responsible for all additional costs involved in paying retainage to the subcontractors prior to total project completion. In subsection 109.06, delete (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 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. Section 109.06 shall include 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 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. SSP November 10, 2016 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: In subsection 201.02, delete the third paragraph and replace with the following: All surface objects, trees, stumps, roots, and other protruding obstructions not designated to remain shall be cleared and grubbed. In areas to be rounded at the tops of backslopes, stumps shall be removed to at least 2 feet below the surface of the final slope line. In subsection 201.02, delete the ninth paragraph and replace with the following: The Contractor shall clear and grub the areas within the excavation or embankment grading limits and shall include the removal from the ground of brush, roots, sod, grass, residue of agricultural crops, sawdust, and other vegetable matter. See subsection 208.04(e) for disturbed area limits. SSP May 12, 2016 1 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT Sections 202, 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 202.05, delete the third paragraph and replace with the following: (a) Removal of temporary pavement marking on final alignment Temporary pavement marking paint on the approved final alignment shall be removed completely from the roadway surface at locations of permanent pavement markings as shown on the plans. The ground location shall be clean, dry and free of laitance, oil, dirt, grease, paint or other foreign contaminants prior to application of final pavement marking. The Contractor shall not remove more pavement marking paint than what can be replaced with permanent pavement marking during the same working day or working period. If an event occurs that precludes the contractor from completing the work during the placement of permanent marking, the Contractor shall halt the removal operation and raised flexible pavement markers shall be placed at locations that have been removed but not marked while the pavement is drying prior to the marking application. Marking application shall resume when pavement is dry and has had no moisture for a minimum of 24 hours. Raised flexible pavement markers shall be installed with one marker at 40 -foot centers. (b) Removal of temporary pavement marking on transitions. Removal of pavement marking paint on temporary transitional alignments shall be performed by grinding or water -blasting. The removal shall result in 100 percent removal of the paint and a wide swath of ground pavement surrounding the former location of the temporary paint. The width of the swath shall be as follows; the center of the swath shall be the location of the paint line: Width of Pavement Marking to be removed < 8 inches > 8 inches Width of Swath 12 inches 15 inches Subsection 202.11 shall include the following: Removal of temporary pavement marking on transitions will be measured as the actual square feet of the swath constructed for the required width. Removal of pavement marking for the permanent alignment will be measured as the actual number of square feet removed. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Pavement Marking Removal of Pavement Marking (12 Inch) Removal of Pavement Marking (15 Inch) Pay Unit Square Foot Square Foot Square Foot Raised pavement markings shall be at the Contractor's expense. In subsection 627.04, delete the first paragraph and replace with the following: 627.04 Pavement Marking with Low Temperature Acrylic Paint and High Build Acrylic Paint. Striping shall be applied when the air and pavement temperatures are no less than 45 °F for waterborne and high -build paint, and 35°F for low temperature waterborne paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and clean, and free of all latent materials, in SSP May 12, 2016 2 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT accordance with manufacturer recommendations. Weather conditions shall be conducive to satisfactory resu Its. Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator. In subsection 627.04 delete the table and replace it with the following: Description Alignment Coverage Rate Thickness Lateral Deviation Sq. Ft. per Gallon Mil Width Dry Time Beads Inches Minutes Application Rate, lbs./gal Pavement Marking Paint Low Temp 1 High Build 2.0 inch per 200 foot Max 89-93 67-70 17-18 -- 23-24 Per Plans +/- 0.25 Per Plans +/- 0.25 5-10 7-12 7-8 9-10 1 Subsection 627.13 shall include the following: Pay Item Pay Unit Pavement Marking Paint (High Build) Gallon Pavement Marking Paint (Low Temperature) Gallon Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. All pavement marking materials shall be selected from the Department's Approved Products List (APL). Prior to start of work, a Certificate of Compliance (COC) for all pavement marking materials shall be submitted in accordance with subsection 106.13. (a) Color. The pavement marking paint, without drop -on beads, shall correspond following requirements: White — Federal Standard No. 595B-17925. The Yellowness Index (YI) of white shall not exceed 8.0 per ASTM E-313-10 initially. The color after drying shall be a flat -white, free from tint, and shall provide the maximum amount of opacity and visibility under both daylight and artificial light. Yellow — Materials for pavement markings shall meet the initial daytime chromaticity that fall within the box created by the following corner points: Initial Daytime Chromaticity Coordinates (Corner Points) 1 2 3 4 x 0.530 y 0.510 0.455 I 0.472 0.456 0.485 0.444 0.400 (b) Low Temperature Acrylic Waterborne Paint. Low Temperature Acrylic Waterborne Paint binder (nonvolatile portion of vehicle) shall be 100 percent XSR acrylic polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. SSP May 12, 2016 3 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. Low Temperature Acrylic Waterborne Paint, and High Build Acrylic Waterborne paint shall meet the following requirements: Performance Requirements: The paint shall be water resistant and shall show no softening or blistering. Table 708-1 LOW TEMPERATURE WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT Property Nonvolatile portion of vehicle (white and yellow), % Pigment Composition Percent by weight• White Yellow Test Method 43.0 (min) 143.0 (min) 60.0 ASTM D 2205 60.0 ASTM D 4451 ASTM D 3723 Paint Titanium Dioxide Content, lb./gal 1.0 (min) Properties of the Finished Paint Total Non-volatiles, (solids) % by weight Density, lbs./gal Consistency (Viscosity) White and Yellow, Krebs- Stormer Units Freeze Thaw Stability Fineness of Grind, Cleanliness Rating B, minimum Scrub Resistance Directional Reflectance: [15 mil Wet Film] 77.0 (min) 77.0 (min) 14.0-14.6 13.7-14.3 85-95 85-95 ASTM D 5381 FTMS 141C - Method 4053.1, ASTM D 2369, or ASTM D 4758 ASTM D 2205 ASTM D 562 Shall complete 5 or more ASTM D 2243 test cycles successfully 3 3 800 800 88 (min) 50 (min) ASTM D 1210 ASTM D2486 Dry Opacity (Contrast Ratio): [5 mil Wet Film] 0.95 (min) 0.95 (min) *Percent by weight shall include percent of organic yellow pigment. ASTM E 1347 ASTM D 2805 SSP November 10, 2016 1 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 203.01 General. This work consists of excavation, hauling, disposal, placement, and compaction of all material encountered within the limits of the work, including construction of dikes and the excavation for ditches and channels, necessary for the construction of the roadway in accordance with the Contract. MATERIALS 203.02 Definitions. All excavation will be defined as, "unclassified excavation", "stripping", "removal of unsuitable material", "rock excavation", "borrow", or "potholing" as described below: (a) Unclassified Excavation. Unclassified Excavation shall consist of the excavation of all materials of whatever character required for the work, obtained within the right of way, including surface boulders and excavation for ditches and channels that is not removed under some other item. (b) Stripping. Stripping shall consist of removing overburden or other specified material from borrow pits, and the replacement of overburden or other specified material over the disturbed area of the site or pit after the underlying material has been removed. (c) Removal of Unsuitable Material. Removal of Unsuitable Material shall consist of the removal of soils or mixtures of soil and organic matter identified in the Contract or as directed by the Engineer that would be detrimental to the roadway or embankment if left in place in its existing condition. (d) Rock Excavation. Rock Excavation shall consist of igneous, metamorphic, and sedimentary rock which cannot be excavated without blasting or with the use of rippers, including all boulders or other detached stones having a volume of % cubic yard or more. Unless specified in the Contract, Rock Excavation is material that meets one of the following field test criteria to be conducted by the Contractor: (e) (f) 1. Ripping Test: Material that cannot be broken down by one pass with a single tooth ripper mounted on a crawler type tractor in low gear with a minimum net flywheel power rating of 235 horsepower; or material that cannot be broken down with a 48000 pound tracked excavator utilizing a bucket with rock teeth. 2. Seismic Test: Material that has a seismic velocity of 6,000 feet per second or greater. The Contractor shall submit the qualifications of the individual performing or interpreting the seismic testing to the Engineer a minimum of 14 days prior to testing. The ripping test will be used to resolve differences if seismic velocities fall below 6,000 feet per second. 3. Handling Test: Any boulder or detached stone having a volume of %-cubic yard or more that cannot be readily broken down with the excavation equipment described above in 1. Borrow. Borrow shall consist of approved material obtained from outside the right of way, required for the construction of the project. Potholing. Potholing consists of exposing and verifying the location of existing utilities at locations as directed. SSP November 10, 2016 2 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 203.03 Embankment Materials. Embankment Material shall consist of approved material acquired from excavations or borrow pits, and hauled and placed in embankments. Approval of Embankment Material shall be contingent on the material meeting the Atterberg Limit and gradation requirements specified in the Contract. Approval of the embankment material in the upper 2 feet of embankment below the subgrade elevation is contingent on the material meeting one of the following as specified in the Contract: (1) the specified resistance value when tested by the Hveem Stabilometer, or equivalent resilient modulus (2) the specified Atterberg Limit and gradation requirements (3) the specified resistance value when tested by the Hveem Stabilometer, or equivalent resilient modulus, and the specified Atterberg Limit and gradation requirements Non -durable bedrock shall be identified and classified using Colorado Procedure CP-L 3104. Any material that classifies as Soil -like Non -durable (S -N) as defined in the procedure shall be pulverized, broken down and processed to 6 -inch maximum particle sizes before incorporation into embankment fill. These materials shall be placed and compacted as "Soil Embankment" in accordance with subsection 203.07 (a). Non -durable bedrock particles in excess of 6 inches shall not be placed into embankment fill. If recycled concrete or asphalt are to be incorporated into embankment fill; the maximum dimension permitted for concrete is 24 inches and the maximum dimension permitted for asphalt is 12 inches. Embankment Material imported onto the project will be tested for water soluble sulfates using CP-L 2103 Method B. The average of three consecutive tests shall show that the sulfate content is not greater than that corresponding to the sulfate exposure level specified in the Contract. No single test shall have a sulfate content more than 20 percent greater than that corresponding to the sulfate exposure level specified in the Contract. A single failing test shall have the remaining sample split into four equal portions. CDOT Region Lab shall receive one portion, the Contractor shall receive one portion and the remaining two portions shall go to the CDOT Central lab. The CDOT Region Lab, CDOT Central Lab and the Contractor's Lab shall retest the sample. If the results from the three Labs are within 10 percent of each other, the results will be averaged. The averaged result will be used for determining Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining split sample will be sent to an independent laboratory for testing using CP-L 2103. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for determining Contract compliance. If the water soluble sulfate content is less than that corresponding to the sulfate exposure level specified in the Contract, COOT will bear all costs associated with the independent lab test. If the soluble sulfate content is greater than that corresponding to the sulfate exposure level specified in the Contract, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. 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 Pre -coated 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 or 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 SSP November 10, 2016 3 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified in the Contract. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203- 1 or 203-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. Table 203-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (CI) pH % max % max 0 , 7 0.05 0.05 6.0-8.5 1, 7 0.10 0.10 6.0-8.5 2, 8 0.20 0.20 6.0-8.5 3, 9 0.50 0.50 6.0-8.5 4, 9 1.00 1.00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6, 10 >2.00 >2.00 <5 or >9 Table 203-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH k1,500 5.0-9.0 2250 3.0-12.0 SSP November 10, 2016 4 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Embankment Material shall be classified into one of the material groups listed below, and placed and compacted in accordance with the appropriate methods specified in subsection 203.07. If any material does not meet the criteria for one of the following classifications, it shall be processed on site to meet the requirements for one of the material groups listed below, or disposed of at the Contractor's expense. (a) Soil Embankment. Soil Embankment shall have all particle sizes less than 6 inches. The material shall be classified in accordance with AASHTO M 145 and placed and compacted in accordance with subsection 203.07 (a). (b) Rock Embankment. Rock Embankment shall meet all of the following requirements: (1) Contains 50 percent or more retained on the 4.75 mm (No. 4) sieve. (2) Contains > 30 percent retained on the 19.0 mm (%-inch) sieve. (3) Classifies as an AASHTO A-1 soil type. (4) All particle sizes shall be less than 6 inches. (5) Particles retained on the 4.75mm (No. 4) sieve shall not be composed of non -durable bedrock types. Rock Embankment can be placed without moisture density control as described in subsection 203.07 (b). (c) Rock Fill. Rock Fill shall meet all of the following requirements: (1) A minimum of 50 percent of the material shall be retained on a 100 mm (4 -inch) sieve. (2) Maximum dimension of any particle permitted is 36 inches. (3) Shall be well -graded by visual inspection. (4) Shall contain less than 20 percent by volume of material passing the 75 pm (No. 200) sieve based on visual inspection. This requirement shall be at the discretion of the Engineer. (5) Particles retained on the 4.75 mm (No. 4) sieve shall not be composed of non -durable bedrock types. Rock Fill can be placed without moisture density control as described in subsection 203.07 (c). CONSTRUCTION REQUIREMENTS 203.04 General. The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified. Variation from the subgrade plan elevations specified shall not be more than 0.08 foot. Where asphalt or concrete surfacing materials are to be placed directly on the subgrade, the subgrade plane shall not vary more than 0.04 foot. Materials shall not be wasted without written permission of the Engineer. Excavation operations shall be conducted so material outside of the slope limits will not be disturbed. Prior to beginning grading operations, all necessary clearing and grubbing in that area shall have been performed in accordance with Section 201. The Contractor shall notify the Engineer not less than five working days prior to beginning excavation so the necessary cross sections may be taken. The Contractor shall not excavate beyond the dimensions and elevations established. Archaeological and paleontological materials encountered during the work shall be dealt with in accordance with subsection 107.23. All excavation activities in areas where asbestos is encountered or expected to be encountered shall conform to the Colorado Department of Public Health and Environment's Asbestos -Contaminated Soil Guidance Document or the State of Colorado's Asbestos Contaminated Soil Statewide Management Plan (ACS), whichever is more recent at the time of advertisement and in accordance with subsection 250.07(d) and the Air Quality Control Commission Regulation No. 8 Part B or Section 5.5 of the solid Waste Regulation 6 CCR 1007-2, as applicable. SSP November 10, 2016 5 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 203.05 Excavation. Excavation shall be one or more of the following: (a) Rock. Unless otherwise specified, rock shall be excavated to a minimum depth of 0.5 foot and a maximum depth of 1 foot below subgrade, within the limits of the roadbed. Rock removed in excess of 1 foot below subgrade will not be paid for. Backfilling of the depth in excess of 1 foot below subgrade shall be at the Contractor's expense. Approved embankment material shall be used to bring the rock -excavated areas to subgrade elevations within the tolerances specified in subsection 203.04. Undrained pockets shall not be left in the rock surface and depressions shall be drained at the Contractor's expense. Any change to cut slopes by the Department will be made prior to the next drilling operations. When required for rock excavation, controlled blasting shall be conducted in accordance with the Contract. (b) Unclassified. Excess or unsuitable excavated material, including rock and boulders, that cannot be used in embankments may be placed on the side slopes of the nearest fill as approved. Unless otherwise specified by the Engineer, intercepting ditches shall be made above the top of cut slopes and carried to outlets near the ends of the cuts. In order to blend the intersection of cut slopes with the slope of the adjacent natural ground surfaces in a uniform manner, the tops of all cut slopes, except those in solid rock, shall be flattened and rounded in accordance with typical sections and details specified. Earth overburden lying above solid rock cuts shall be treated in the same manner as earth cuts. The Department reserves the right to change cut slopes during the progress of excavation. (c) Unsuitable Material. Unsuitable materials encountered in the subgrade that are determined to be detrimental to the roadway or embankment shall be removed to the depth and extents as directed by the Engineer. The excavated area shall be backfilled to the finished graded section with approved material. Materials that contain organics or that cannot be dried or moisture conditioned, then compacted to the required density will be disposed of and cannot be reused as embankment fill. Materials not containing organics and that can be dried or moisture conditioned and compacted to the required density can be reused as embankment fill as approved by the Engineer. (d) Borrow. If the Contractor places more borrow than is specified or approved and causes a waste of roadway excavation, the quantity of waste will be deducted from the borrow volume. All borrow areas shall be bladed and shaped to permit accurate measurements after excavation is completed. The finished borrow areas shall be graded to a smooth and uniform surface and shall be finished so water will not collect or stand therein, unless otherwise specified. (e) (f) Stripping. Overburden shall be removed to the depth required for the production of acceptable material, and at least 5 feet beyond the working limits of the area being excavated. Potholing. All necessary potholing as determined by the Contractor and agreed to by the Engineer shall be completed under this item with appropriate equipment as approved. The Contractor shall acquire necessary permits, locate utilities, excavate all materials of whatever character required to expose the utilities, survey the location of the utilities, and backfill the excavation to existing grade lines with the excavated or other approved materials. Backfilling shall be accomplished in accordance with subsection 206.03. The Contractor shall use extreme caution during this work. All damage to existing utility lines or adjacent facilities shall be repaired promptly at the Contractor's expense. SSP November 10, 2016 6 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 203.06 General Embankment Construction Requirements. When Contractor Process Control is required, the Contractor's Process Control Representative shall be certified for WAQTC Embankment and Base Testing and CDOT's Excavation, Embankment, and Soil Inspection certification course. Embankment construction shall include preparation of the areas upon which embankments are to be placed, construction of dikes, placing and compacting of approved material within roadway areas including holes, pits, and other depressions within the roadway area. Only approved materials shall be used in the construction of embankments and fills. All sod, vegetable and other organic matter, stumps, and roots shall be removed from the surface upon which the embankment is to be placed in accordance with Section 201. Unless a thickness is otherwise specified in the Contract, the upper 4 inches of the ground surface will be considered top soil and shall be removed in accordance with Section 207 prior to placement of Embankment Fill. The cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 6 inches or as specified in the Contract, the moisture content increased or reduced as necessary, and compacted to the specified embankment density for the material type present. When embankment is placed on a slope that is steeper than 4H:1 V, as measured in the steepest direction, the existing slope shall be benched as the embankment is placed in layers. A 2 -foot deep key shall be excavated at the base of the existing slope and backfilled with approved and compacted material. The embankment shall be placed in layers from that key. Each horizontal cut shall begin at the intersection of the original ground and the vertical sides of the previous bench. Excavated material from benching may be placed and compacted with the embankment material at the Contractor's expense. During the course of construction, embankment side slopes shall be built a minimum of 12 inches beyond the final grade indicated in the Contract to allow for compaction equipment to compact the outer edges of the embankment. Once the specified level of compaction is achieved, the side slopes shall be trimmed back to final grade. Excess material placement and removal to satisfy this requirement shall be at the Contractor's expense. If embankment can be placed on only one side of structures such as retaining walls, abutments, wing walls, piers, or culvert headwalls, compaction shall be accomplished without initiating movement or deformation of the structure and without placing excessive pressure against the structure. When noted in the Contract, the fill adjacent to the abutment of a bridge shall not be placed higher than the bottom of the backwall until the superstructure is in place. When embankment is placed on both sides of a concrete wall or box type structure, the embankment shall be brought up equally on both sides of the structure. Where embankment is to be placed and compacted and end dumping is permitted, the slopes of the original ground or embankment shall be deeply plowed or scarified before starting end dumping. Embankment fill other than A-1 soil types shall not be placed within standing water, unless otherwise noted in the Contract. During the construction of the embankment, the top surface shall be maintained so that it is well drained at all times. Frozen materials shall not be used in construction of embankments. Frozen material will be identified by the visual observation of ice crystals within the foundation or embankment material, or by measuring the surface temperature of the ground surface. 203.07 Embankment Placement and Compaction Requirements. Materials incorporated into embankment fill shall be placed and compacted according to the following requirements: (a) Soil Embankment. All Soil Embankment shall be placed in horizontal layers not to exceed 8 inches in loose lift thickness. Each layer shall be compacted prior to the placement of subsequent layers. Spreading equipment shall be used to obtain uniform thickness prior to compaction. As the compaction progresses, continuous mixing, leveling, and manipulating shall be done to assure uniform moisture and density. Additional work involved in drying Soil Embankment to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional SSP November 10, 2016 7 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT compensation. Soil Embankment that classifies as A-1 material can be used to bridge across standing water or swampy ground within the embankment foundation, and can be placed in lift thicknesses greater than 8 inches if used for this purpose as approved by the Engineer. Soil Embankment with less than or equal to 30 percent retained on the 19mm (%-inch) sieve shall be tested for compaction using CP 80. Materials that classify as AASHTO A-1, A-2-4, A-2-5, and A-3 soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) and to at least 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. All other soil types will be compacted to 95 percent of the maximum dry density determined in accordance with AASHTO T 99 as modified by CP 23. Soils with 35 percent fines or less shall be compacted at ± 2 percent of OMC. Soils with greater than 35 percent fines shall be compacted at a moisture content equal to or above OMC to achieve stability of the compacted lift. Stability is defined as the absence of rutting or pumping as observed and documented by the Contractor's Process Control Representative and as approved by the Engineer. If the soils cannot be compacted and prove to be unstable at a moisture content equal to or above OMC, then the required moisture content for compaction can be reduced below OMC as approved by the Engineer. Prior to placing any Soil Embankment with greater than 30 percent retained on the 19 mm ('/.-inch) sieve, the Contractor will be required to construct a test strip to the dimensions specified in the Contract or as directed by the Engineer. The test strip can be incorporated into the final embankment. The Contractor will be responsible for determining the moisture conditioning necessary to achieve compaction, and will determine the equipment and number of passes necessary to achieve adequate compaction. The Contractor is required to use compression -type or vibratory rollers on granular materials and sheepsfoot rollers on cohesive soils. Adequate compaction will be demonstrated by the absence of rutting, pumping, or deflection following a proof roll of the test strip using any piece of construction equipment that exerts a minimum 18 -kip per axle load. The proof roll will be observed and accepted by the Engineer. Once the test strip passes a proof roll, the Contractor can resume embankment construction with the same moisture conditioning and compaction methods as the test strip was constructed. Placement, moisture conditioning, and compaction of every lift of soil embankment with greater than 30 percent retained on the 19 mm (%-inch) sieve will be observed by the Contractor's Process Control Representative, and accepted by the Engineer. Adequate compaction of each lift will be demonstrated as the absence of rutting, pumping, or deflection as construction equipment is routed over a lift following the compactive efforts that were used and accepted for the respective test strip. The Engineer may request a proof roll at any time to document the condition of a lift. Significant changes in the material being hauled for soil embankment with greater than 30 percent retained on the 19 mm (%-inch) sieve will require construction of a new test strip, and demonstration of adequate compaction methods using a proof roll. The Contractor's Process Control representative shall be authorized to require additional test strips at their discretion. However, the requirement for an additional test strip shall not be waived without the written approval of the Engineer. Non -durable bedrock shall be watered to promote slaking and break down, and pulverized/processed to a maximum particle size of 6 inches. These materials shall be placed and compacted as Soil Embankment; except they shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of four passes with the tamping foot roller. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller passes to achieve specified density requirements. Non -durable Bedrock shall not be used to bridge over standing water or swampy ground within an embankment foundation. Non -durable bedrock shall also not be placed within 2 feet of the final subgrade elevation. SSP November 10, 2016 8 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT (b) Rock Embankment and Rock Fill. Rock Embankment shall be placed in horizontal layers not to exceed 8 inches in loose lift thickness. The lift thickness can be increased when bridging over standing water or swampy ground in the embankment foundation as directed by the Engineer. Each layer shall be compacted prior to the placement of subsequent layers. Spreading equipment shall be used to obtain uniform thickness prior to compaction. Rock Fill shall be placed in horizontal layers not to exceed a loose lift thickness equivalent to the average particle size up to a maximum permitted lift thickness of 18 inches. Particles with a maximum dimension of 36 inches are permitted; however, rocks larger than the lift thickness shall be separated enough to allow compaction equipment to operate in between. Material shall be placed to fill in voids between larger stones with finer particle sizes and to avoid nesting. Spreading equipment shall be used to obtain uniform thickness prior to compaction. If the use of leveling equipment is not practical, the Engineer may permit rock fill material to be cast or end dumped. In such cases sufficient hand or machine work will be required to construct a compact, stable fill and to finish the slopes to a neat and smooth appearance. Rock Fill shall not be placed within 2 feet of the final subgrade elevation. When a Rock Fill is placed over any structure, the structure shall be covered with a minimum of 2 feet of compacted Soil or Rock Embankment material before the Rock Fill is placed. The Contractor will be responsible for determining the moisture conditioning necessary to achieve compaction for Rock Embankment or Rock Fill. Vibratory or compression -type rollers will be used to compact these materials. At a minimum, compression -type rollers weighing 20 tons shall complete 4 passes over the entire width of a lift at a speed not to exceed 3 miles per hour. Vibratory rollers shall exert a minimum dynamic force of 30,000 pounds of impact per vibration, and achieve a minimum 1,000 vibrations per minute. Vibratory rollers shall complete a minimum of 4 passes over the entire width of a lift at a speed not to exceed 1.5 miles per hour. Prior to placing Rock Embankment or Rock Fill, the Contractor will be required to construct a test strip to the dimensions specified in the Contract, or as directed by the Engineer. The test strip can be incorporated into the final embankment. Adequate compaction of the Rock Embankment or Rock Fill test strip will be demonstrated by the absence of rutting, pumping, or deflection following a proof roll of the test strip using any piece of construction equipment that exerts a minimum 18 -kip per axle load. The proof roll will be observed and accepted by the Engineer. Once the test strip passes a proof roll, the Contractor can resume Rock Embankment or Rock Fill construction with the same moisture conditioning and compaction methods as the test strip was constructed. Placement, moisture conditioning, and compaction of every lift of Rock Embankment and Rock Fill will be observed by the Contractor's Process Control Representative, and accepted by the Engineer. Adequate compaction of each lift will be demonstrated as the absence of rutting, pumping, or deflection as construction equipment is routed over a lift following the compactive efforts that were used and accepted for the respective test strip. The Engineer may request a proof roll at any time to document the condition of a lift. Significant changes in the characteristics of material being hauled for Rock Embankment or Rock Fill will require construction of a new test strip, and demonstration of adequate compaction methods using a proof roll. The Contractor's Process Control representative shall be authorized to require additional test strips at their discretion. However, the requirement for an additional test strip shall not be waived without the written approval of the Engineer. If the Contractor wishes to deviate from the minimum equipment and compactive efforts specified above for Rock Embankment or Rock Fill, the Contractor must first demonstrate the adequacy of their proposed methods with a test strip and passing proof roll. In addition, a proof roll will be required for every lift placed for the first 2,000 cubic yards of Rock Embankment or Rock Fill placed. The proof rolls used to demonstrate adequate compaction of the first 2,000 cubic yards placed will not be measured and paid separately, but will be performed at the Contractor's expense. Recycled concrete and asphalt can be incorporated into embankment material, and shall be processed, placed, and compacted in accordance with 203.07 (a) or (b); depending on the overall classification of the embankment material once the recycled material is incorporated. Rebar shall not extend more than one inch beyond the edges of recycled concrete particles. Recycled concrete or asphalt shall not be SSP November 10, 2016 9 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT permitted in the upper 2 feet of the final subgrade elevation or within 2 feet of the final finished side slopes unless otherwise noted in the Contract. 203.08 Proof Rolling. Proof rolling with pneumatic tire equipment shall be performed using a minimum axle load of 18 kips per axle. A weigh ticket from an approved scale shall be furnished by the Contractor to substantiate this weight. The subgrade shall be proof rolled after the required compaction has been obtained and the subgrade has been shaped to the required cross section. 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. Areas that are observed to have soft spots in the subgrade, where deflection is not uniform or is excessive as determined by the Engineer, shall be ripped, scarified, dried or wetted as necessary and recompacted to the requirements for density and moisture at the Contractor's expense. After recompaction, these areas shall be proof rolled again and all failures again corrected at the Contractor's expense Upon approval of the proof rolling, the sub base, base course, or initial pavement course shall be placed within 48 hours. If the Contractor fails to place the sub base, base course, or initial pavement course within 48 hours or the condition of the subgrade changes due to weather or other conditions, proof rolling and correction shall be performed again at the Contractor's expense. 203.09 Blading. Blading shall consist of furnishing motor graders of the specified horsepower rating, with operators, for shaping roadway, shoulders, or other areas as designated by the Engineer. When scarifying is specified the motor grader shall be equipped with an independently operated "V" type scarifier and attachments. 203.10 Dozing. Dozing shall consist of furnishing crawler -type tractors of the specified horsepower rating, complete with operators and bulldozer blades. Rippers, if specified, will not be measured and paid for separately, but shall be included in the work. METHOD OF MEASUREMENT 203.11 Items paid for by volume will be the quantities designated in the Contract. Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies in the Contract in an amount of at least plus or minus two percent of the plan quantity. (a) Excavation. The original cross -sections will be used for determination of volumes of excavated material removed, unless changes have been directed. These measurements will include authorized excavation of rock, shale, or other unsuitable material. All accepted stripping will be measured in stockpiled locations by cross -sectioning. When the excavation conforms to the staked lines and grades, the original cross -sections and the staked sections shall be used for the determination of volumes excavated. Volumes will be computed from the cross -sections by the average end area or other acceptable method. When topsoil or wetland topsoil is included as an additional pay item and is specified, the measured volume of excavation will be reduced by the volume of topsoil or wetland topsoil removed from the area shown as excavation in the Contract. Measurements will include over -breakage in rock excavation from the back slopes to an amount not to exceed, in any half station of 50 feet, 10 percent of the actual quantity required for that half station. Costs associated with ripping tests or seismic tests evaluate if a material meets the criteria for "Rock November 10, 2016 10 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Excavation" shall not be measured or payed separately, but shall be incurred by the Contractor and included in the cost for excavation. (b) Embankment. If provided in the Contract, embankment material will be measured in its final compacted position in the roadway. Measurement will be made upward from the original ground line without any allowance for subsidence due to compaction of the base under the embankment. The original cross - sections will be used for determination of volumes of embankment material placed, unless changes have been directed. The measured volume of embankment material will be increased by the volume of topsoil or wetland topsoil removed from the area below the original ground line and under the embankment (c) Rock Fill. Rock fill will be measured as the volume in cubic yards in its final position, unless otherwise specified, and shall be limited to the elevations specified. (d) Blading and Dozing. The quantity measured under blading and dozing will be the number of hours that each motor grader or bulldozer is actually used as ordered. A minimum of four hours for any half shift or part thereof will be paid for unless the equipment is inoperative due to breakdown or other causes determined to be the Contractor's responsibility. Time involved in moving onto or off the project will not be measured and paid for. (e) Time will be paid for moving motor graders or bulldozers from one location on the project to another, if directed; but time will not be allowed for moves which are made for the convenience of the Contractor. Payment for a minimum of four hours will not be allowed in cases where the motor grader, bulldozer, or operator is assigned to work on other pay items connected with the project. Potholing. Potholing will be measured by the total number of hours that excavation and backfilling equipment is actually used as directed. All other related work, including removal of existing pavement, backfilling, shoring, and labor will not be measured and paid for separately, but shall be included in the work. (f) Proof Rolling. Proof rolling will be measured by the actual number of hours that the pneumatic equipment is used as a proof roller. The time to be measured under this item will be the number of hours that each piece of equipment is actually used as ordered. Proof rolling will be measured and paid for only once for each test strip required during construction; for final verification of subgrade prior to placement of subbase, base coarse, or pavement; or for each incident where the Engineer directs it through the course of construction. Additional proof rolling that is required due to failure of embankment fill; due to the Contractor's failure to place sub base, base course, or initial pavement course within 48 hours of the initial proof roll; or due to the condition of the subgrade changing due to weather; or additional proof rolls deemed necessary due to the Contractor's choice to deviate from minimum equipment and compaction efforts specified herein, shall be at the Contractor's expense. SSP November 10, 2016 11 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 203.12 The accepted quantities will be appear in the bid schedule. Payment will be made under: Pay Item Rock Excavation Rock Fill Unclassified Excavation Unclassified Excavation (Complete in Place) Unsuitable Materials Borrow Borrow (Complete in Place) Embankment Material (Complete in Place) Stripping Blading Dozing Potholing Proof Rolling BASIS OF PAYMENT paid for at the contract unit price for each of the pay items listed below that Pay Unit Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Hour Hour Hour Hour Water will not be measured and paid for separately but shall be included in the work. Compaction will not be measured and paid for separately, but shall be included in the work. Payment for replacement of Unsuitable Material shall be as follows: If excavated material can be re -used as embankment fill by moisture conditioning and compaction, replacement shall be included in the cost for Removal of Unsuitable Material. If the material cannot be re -used as embankment fill, payment for replacement of Unsuitable Material shall be for the volume that is placed in the excavated area at the respective unit price for the material that is approved by the Engineer and used. Payment for Unclassified Excavation (Complete in Place), Embankment Material (Complete in Place), and Borrow (Complete in Place) shall be full compensation for all work necessary to complete the item including construction of embankments, rework of existing materials to satisfy benching requirements, unclassified excavation, borrow, compaction, compaction of bases of cuts and fills, all work in available materials pits, and disposal of excess excavated material. All costs associated with reducing the size of the claystone particles, removing the oversized particles, and disposal of the oversized particles will not be paid for separately but shall be included in the work. Pavement replacement if required due to potholing, shall be accomplished, measured, and paid for in accordance with appropriate sections of the specifications. Pneumatic tire equipment and load required to achieve the desired weight of proof rolling equipment will not be measured and paid for separately, but shall be included in the work. SSP July 19, 2012 1 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.02 (a) shall include the following: Imported Material used as structure backfill for pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced 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. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 206-1 or 206-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 206-1 or Table 206-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 206-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 206- 1 or 206-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. SSP July 19, 2012 2 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Table 206-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (S04) % max (CI) % max pH 0,7 1,7 2r 8 3, 9 4, 9 5, 10 6, 10 >2.00 0.05 0.10 0.20 0.50 1.00 2.00 0.05 0.10 0.20 0.50 1.00 ZOO >2.00 6.0-8.5 6.0-8.5 6.0-8.5 6.0-8.5 5.0-9.0 5.0-9.0 <5 or >9 Table 206-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH 1,500 5.0-9.0 2250 I 3.0-12.0 SSP March 23, 2017 1 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 206.02 (a) and replace with the following: (a) Structure Backfrll. Class 1 and Class 2 structure backfill shall be composed of non -organic mineral aggregates and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of subsection 703.08. Class of material shall be as specified in the Contract or as designated. Structure backfill (Flow -Fill) meeting the following requirements shall be used to backfill bridge abutments. The Contractor may substitute structure backfill (Flow -Fill) for structure backfill (Class 1) or structure backfill (Class 2) to backfill culverts and sewer pipes. Flow -Fill is a self -leveling low strength concrete material composed of cement, fly ash, aggregates, water, chemical admixtures and/or cellular foam for air -entrainment. Flow -fill shall have a slump of 7 to 10 inches, when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in accordance with ASTM D6103. Flow -Fill shall have a minimum compressive strength of 50 psi at 28 days, when tested in accordance with ASTM D4832. 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. Flow -Fill placed in areas that require future excavation, such as utility backfill shall have a Removability Modulus (RM) of 1.5 or less. Removability Modulus, RM, is calculated as follows: RM= W1 -6x 104 x Cos 106 where : W = unit weight (pcf) C = 28 -day compressive strength (psi) Materials for structure backfill (Flow -Fill) shall meet the requirements specified in the following subsections: Fine Aggregate'. 4 703,01 Coarse Aggregate" 703.02 Portland Cement 701.01 Fly Ash 701.02 Water 712.01 Air Entraining Admixture 711,02 Chemical Admixtures 711.03 'Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates acceptable results for strength and air content. 2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. 3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. 4 Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP limits of 40 CFR 261.24 for heavy metals Cellular foam shall conform to ASTM C869 and ASTM C796 Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass must conform to the required gradations. All containers used to produce the cullet shall be empty prior to processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having SSP March 23, 2017 2 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious material which impacts the performance of the structure backfill (Flow -Fill) including all non -glass constituents. The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms to the following gradation: Sieve Size Percent Passing 25.0 mm (1 inch) 100 75 pm (No. 200) 0-101 1 The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates acceptable results for strength and air content. The Contractor shall submit a structure backfill (Flow -Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content (2) ASTM D6023, Unit Weight (3) ASTM C143, Slump or ASTM D6103 flow consistency (4) ASTM D4832 28 -day Compressive Strength (5) Removability Modulus (RM) 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 thirteenth through fifteenth paragraphs and replace with the following: Compaction of structure backfill (Flow -Fill) shall not be performed. The maximum layer thickness for structure backfill (Flow -Fill) shall be 3 feet unless otherwise approved by the Engineer. The Contractor shall not place structure backfill (Flow -Fill) in layers that are too thick to cause damage to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure backfill (Flow -Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of structure backfill (Flow-Fill).Testing structure backfill (Flow -Fill) in accordance with ASTM D6024 will be witnessed by the Engineer. Damage resulting from placing structure backfill (Flow -Fill) in layers that are too thick or from not allowing sufficient time between placements of layers shall be repaired at the Contractor's expense. The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these items during the placement of the structure backfill (Flow -Fill). When Flash Fill is used, it shall be batched with a volumetric mixing truck. Volumetric mixing trucks 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 with 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 pcf, 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. The Contractor shall sample and test the first three loads of structure backfill (Flow -Fill) for each placement and then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer SSP March 23, 2017 3 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) When structure backfill (Flow -Fill) is placed in areas that require future excavation, the unit weight of the placed structure backfill (Flow -Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf. Structure backfill (Flow -Fill) shall not be allowed to freeze during placement and until it has set sufficiently according to ASTM D6024. Frozen structure backfill (Flow -Fill) shall be removed and replaced at the Contractor's expense. When the Contractor substitutes Structure Backfill (Flow -Fill) for Structure Backfill (Class 1) or (Class 2), the trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert and the trench wall. SSP November 10, 2016 REVISION OF SECTIONS 206, 304 AND 613 COMPACTION Sections 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches and shall be compacted to the required density before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following: 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +1-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07, delete the 15th paragraph and replace with the following: Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. SSP 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 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 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 %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. SSP April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. SSP January 31, 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert lndianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat) Property (1) pH 1% $olttian (2) Mucilage content Requirement 6.5 - 8.0 75% min. Pre -gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein (2) Ash content (3) Fiber (4) pH 1% solution (5) Size (6) Settleable solids Test Method ASTM D7047 5 5-7% 0-2% 4-5% 6.5 — 8.0 100°4 trill 850 microns (20 mesh) <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: SSP January 31, 2013 2 REVISION OF SECTION 213 MULCHING Pro nerties Organic Fibers Cross linked Tackifiers Reinforcing Interlocking Fibers Biodegradability Ground Cover @ Application Rate Functional Longevity Cure Time Application Application Rate Requirement 71% Min. 10% +/- 2% Min. I0%+1- I% Min. 100% 90% Min. 12 Months Min. < 8 hours 3,000 ibJacre Test Method ASTM D 2974 ASTM D 5338 ASTM D 6567 The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Fiber Retention On 28 -Mesh Screen Moisture Content Organic: Matter Ash Content p1l At 3% Consistency In Water Sterilized Weed -Free Non -Toxic To Plant Or Animal Life Requirement ? 40% 12% ± 2% 99.2% ± 0.2% 0.8% + 0.2% 4.5-7.0 *0.5% Yes Yes Test Method Tyler Ro-Tap Method Total Air Dry Weight Basis Oven Dry Weight Basis Oven Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Molecular Weight Charge Density Non -Toxic To Plant Or Animal Life Requirement ? 12x106 > 25% Yes (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a nrmum of 9 months. BFMs form an erosion -resistant January 31, 2013 3 REVISION OF SECTION 213 MULCHING blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Property Ground Cover (%) Bio-degradability (%) Functional Longevity (months) Cure Time (hours) Cross -linked tackifer Requirement 95 100 9 month minimum 24-48 10% minimum Application Application Rate (Ibs,lAcre) 3000 Test Method ASTM 6567 ASTM 5338 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs./Acre 300 lbs./Acre 2000 gal./Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at % speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. SSP January 31, 2013 4 REVISION OF SECTION 213 MULCHING Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Bonded Fiber Matrix Bonded Fiber Matrix Spray on Mulch Blanket Pay Unit Acre Pound Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. SSP July 16, 2015 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: DESCRIPTION 216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix and shall conform to the requirements of Tables 216-1 and 216-2. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of native seed mix as specified in the Contract. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable. Blankets shall be sewn together on a maximum 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 2. Soil Retention Blanket (Excelsior). Soil Retention Blanket (Excelsior) blanket shall consist of a machine produced mat of 100 percent curled wood excelsior , 80 percent of which shall be 6 inches or longer in fiber length. It shall be either biodegradable or photodegradable. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. SSP July 16, 2015 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections, and which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS PhotolBio Degradable Class Minimum Roll Width Minimum Thickness A6525STMD Acceptable Matrix Fill Material Min. Mass per Unit Area ASTM D 6475 Size of Net Openng_ Photo- degradable Bio- degradable Minimum: Minimum: 1 6.5 ft. 250 mils Straw/Coconut 8 oz/sy 0.50"x0.50" 0.50"x0.50" Maximum: Maximum: 0.75"x0.75" 0.5"x1.0" Minimum: 0.50"x0.50" 1 6.5 ft. 250 mils Excelsior 8 oz/sy T— NONE Maximum: 1.0"x2.0" Minimum: Minimum: 0.50" x0.5" 0.50"x0.50" 2 6.5 ft. 200 mils Coconut 8ozlsy Maximum: Maximum: 0.75"x0.75" 0.5"x1.0" Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS PhotolBio Degradable Class Slope Application "C" Factor1 ASTM D 6459 Minimum Tensile Strength MD2 ASTM D 6818 1 2 < 0.10a3:1 < 0.10x3:1 8.33 lb/in 10.42 lb/in Notes: 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, 3H:1V) to ratio of soil loss from unprotected (control) plot in large-scale testing. 2 MD is for machine direction testing (along the length of the roll). Blankets shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Slope Erosion Protection ("C" factor) shall be performed by an independent testing facility. SSP July 16, 2015 3 REVISION OF SECTION 216 SOIL RETENTION COVERING (b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized, corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three- dimensional matrix of the thickness specified in Tables 216-3 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention, and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. Table 216-3 PHYSICAL REQUIREMENTS1 FOR TURF REINFORCEMENT MAT Product Class Minimum Minimum Acceptable Roll Width Thickness Matrix Fill Size of Net Opening2 ASTM D 6525 Material2 1 2 3 Excelsior, 6.5 ft. 250 mils Straw!Coconut, Coconut, or Polymer fibers 100% UV Stabilized 6.5 ft. 250 mils Synthetic or Coconut Fibers Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Maximum 0.50"x 0.50" 6.5 ft. 250 mils 100% UV Stabilized Synthetic Fibers Maximum 0.50"x 0.50" Notes: 1 For TRMs containing degradable components, all property values shall be obtained on the non -degradable portion of the matting alone. 2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on a maximum 2 inch centers. Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Product Class Tensile Strength MD ASTM D 6818 Minimum UV Stability @ 500 Hours ASTM D 4355 Minimum Permissible Shear Stress' (Unvegetated) ASTM D 6460 125 Ibslft 80% 2 3 150 Ibslft 80% 175 Ibslft 80% 1.8 lbslsf 2.5 lbslsf 3.1 lbslsf Notes: Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a channel un-vegetated 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. TRMs shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Permissible Shear Stress will be performed by an independent testing facility. (C) Staples. Staples shall be made of ductile steel wire, 0.165 inches in diameter, 8 inches long and have a 1 inch crown. "T" shaped staples will not be permitted. A sample of the staples and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the SSP July 16, 2015 4 REVISION OF SECTION 216 SOIL RETENTION COVERING environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. (d) Earth Anchors. The mechanical earth anchor shall be composed of a load bearing face plate, a tendon rod or wire rope, and a locking head or percussion anchor. Each element of the anchor shall be composed of corrosion resistant materials. The anchor and wire rope shall have a breaking strength of 9,500 pounds utilizing standard tensile testing and ASTM A1007 - 07. The anchor shall have a minimum 1,000 pounds ultimate holding strength in normal soil and a manufacturer's recommended minimum driven depth of 3.5 feet. A sample of the anchors and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-216-1 and the following procedure: (1) Prepare soil in accordance with subsection 212.06 (a). . (2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. (3) Place seed in accordance with the Contract. (4) Unroll the covering parallel to the primary direction of flow. (5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. (6) Do not stretch the material or allow it to bridge over surface inconsistencies. (7) Staple the covering to the soil such that each staple is flush with the underlying soil. (8) Ensure that staples or earth anchors are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. The Contractor shall install TRMs using the following procedure: (1) Place 3 inches of topsoil or soil amended with soil conditioning. (2) Apply half of the specified seed at the broadcast rate and rake into soil. (3) Install TRM (4) Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. (5) Apply the remaining half of the specified seed at the broadcast rate and rake into soil. (6) Install soil retention blanket (Photodegradable or Biodegradable Class 1) over the seeded area and TRM. When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil. 216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope if possible. Trench depth shall be a minimum of 6 inches unless required by the manufacture to be deeper. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and secured with staples or earth anchors at 1 foot on center. There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering. Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be installed on the slope length at a maximum of every 35 feet. Each staple check shall consist of two rows of staggered staples. SSP July 16, 2015 5 REVISION OF SECTION 216 SOIL RETENTION COVERING The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and secured with staples or earth anchors. If a slope runs into State waters or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples or earth anchors at the minimum rate shown on the Standard Plan M-216-1. Staple or earth anchor spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application: Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench. Trench depth shall be a minimum of 6 inches, unless a larger depth is specified by the manufacturer recommendations. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall be brought back over the trench and stapled. Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall have a channel check slot every 30 feet along the gradient of the flowline. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering. METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface, excluding overlap, which is installed and accepted. Earth Anchors will be measured by the actual number of earth anchors complete in place and accepted. SSP July 16, 2015 6 REVISION OF SECTION 216 SOIL RETENTION COVERING BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. The accepted quantities of earth anchors will be paid for at the contract unit price per each installed. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket U (Photodegradable Class _) Square Yard Soil Retention Blanket ( ) (Biodegradable Class _) Square Yard Turf Reinforcement Mat (Class_) Square Yard Earth Anchors Each Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212. Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and paid for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Sections 207 and 212. Staples will not be measured and paid for separately, but shall be included in the work. SSP March 23, 2017 1 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following: DESCRIPTION 250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected soil and groundwater contaminants; the management of solid, special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project. 250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control necessary to perform the contamination monitoring, testing, and site remediation when required. Traffic control shall be in accordance with the requirements of Section 630. Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to meet the following standards: II i _ Constituent Instrument Detection Threshold Limit Increments Flammable Gas Oxygen Toxic Gas LEL = lower explosive limit PPM = Darts er million 1% LEL 19% 1 PPM 1% 0.1% 1PPM CONSTRUCTION REQUIREMENTS 250.03 General. Prospective bidders, including subcontractors, are required to review the environmental documents available for this project. These documents are listed in subsection 102.05 as revised for this project. 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. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) and 250.05 shall be followed. Transportation of waste materials on public highways, streets and roadways shall be done in accordance with Title 49, Code of Federal Regulations (CFR). All labeling, manifesting, transportation, etc. of waste materials generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste materials generated on this project shall list the Colorado Department of Transportation as the generator of the waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed as the generator on the hazardous waste manifests, permits, and other documents for such material. If the project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall SSP March 23, 2017 2 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the Contractor shall designate the facility. The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the waste materials are determined to be hazardous, the Contractor must submit proof that the transportation company is covered by the appropriate type and amount of insurance required by laws and regulations governing the transportation of hazardous waste. The Contractor alone bears the responsibility for determining that the work is accomplished in strict accordance with all applicable federal, state and local laws, regulations, standards, and codes governing special waste, petroleum and hazardous substance encounters and releases. The Contract will list known or suspected areas of contamination. Health and Safety Officer, Monitoring Technician, and Health and Safety Plan shall be required when so stated in the Contract. (a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who shall have at least two years field experience in chemical related health and safety. The HSO shall be either a certified industrial hygienist (CIH), certified hazardous materials manager (CHMM), professional engineer (PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental manager (REM) meeting the criteria set forth in 29 CFR 1926. When regulated asbestos contaminated soil (RAGS) is present or is suspected to be present on or near a project, the HSO shall have knowledge of RAGS 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. The HSO 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. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance related injury to the workers, Department personnel, the general public, property and the environment. Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the monitoring of confined space entry and working in or near excavations, including but not limited to trenches and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance and solid waste related testing, sampling, monitoring and handling for this project to ensure compliance with applicable statutes and regulations, and other applicable environmental requirements under subsections 107.01 and 107.02. The HSO shall be available for consultation and assistance with contaminated materials related testing, sampling, and field monitoring as required by the Engineer. The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the project. This site report shall include a detailed summary of all contaminated materials and contaminated water that were encountered and their final disposition. During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the SSP March 23, 2017 3 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (b) Monitoring Technician (MT). 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 RAGS 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. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being performed in areas of suspected contamination and on a predetermined basis throughout other work on the project. The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials Management Plan (if they exist for the project), the Contract, and the environmental documents for the project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous condition. (c) During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS (NIOSH) Publication Number 85-115, available from the Superintendent of Documents, U.S. Government Printing Office. The Contractor and the HSO shall review the environmental documents listed prior to preparation of the HASP. Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each emergency response agency servicing the project area, the HASP designated emergency hospital, and five March 23, 2017 4 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the HASP has been distributed. The HASP shall also be available to the Contractor's employees, their representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment (CDPHE), local government health department, Federal Highway Administration, and other appropriate agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the HSO as warranted by changes in the field conditions. All on -site workers (Contractor's, Departments, Utilities', and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on -site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer. The Contractor shall provide, as required, eye wash equipment and stations, emergency showers, hand and face washing facilities and first aid equipment. The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed in the work. The exact procedure for decontamination and frequency shall be included in the accepted HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29 CFR and 40 CFR). (d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during the construction of the project: 1. General construction precautions: A. All monitoring and piezometer wells and test borings shall be established or abandoned by the Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification, and abandonment documents shall be submitted to the Engineer prior to payment approval. B. Hazardous substance related activities shall have a work plan for each work phase which shall be coordinated with the Engineer at least three working days prior to commencement of each phase of the work. C. The Contractor shall properly handle all investigation derived waste generated by this project. Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage and Disposal (TSD) determination; classification of waste; hauling records; TSD acceptance; manifest (if required); etc. in accordance with applicable laws and regulations. D. When the work may involve air emissions, the Contractor shall contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air pollution emission notice (APEN) or permit is required for this operation. The Contractor shall be responsible for filing the APEN and obtaining said permit, if required. The processing of air pollution permits, if required, in non -attainment areas or where public hearings are required, likely will take more than 90 days. 2. For construction on a known or potentially contaminated site, the following conditions shall apply, in addition to those listed in subsection 250.03(d)1: A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work. When on site, the HSO shall have an operational portable or mobile cellular telephone available for immediate use in areas where such service is available. When on site in cellular telephone non - service areas, the HSO shall have available, for immediate use, radio access to a site with telephone service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage tank removal, drilling, excavation, trenching, or dewatering operations. SSP March 23, 2017 5 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector, photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment shall be on site during all construction operations and be utilized during trenching, drilling, excavating, confined space entry, underground storage tank removal, and other appropriate construction operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP. The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as recommended by the manufacturer. C. When drilling, trenching, or excavating in the presence of detectable concentrations of explosive gases, the soil shall be wetted and the operating equipment shall be provided with spark proof exhausts. D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with during the construction of the project. E. Affected excavation operations shall be discontinued and personnel shall be removed from the affected excavation sites where any of the following levels are detected: (1) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space, (2) Permissible Exposure Limit (PEL) of any toxic gas, (3) 19.5 percent or less oxygen, (4) 25.0 percent or more oxygen, (5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity), (6) Greater than 15 pCi/L (Gross alpha particle activity), or (7) Other action levels as determined by the HSO. (8) Uncovering of suspect Asbestos Containing Material (ACM), including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas when approved by the Engineer. F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the HSO, who shall provide the Engineer with a written explanation of what personal protective equipment (PPE) shall be worn, when, and by which personnel. Except in emergency cases, the Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation. G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is monitored and declared safe. H. The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required in the HASP. I. Exhaust blowers shall be present at the location where required in the accepted HASP. J. The Contractor shall accomplish the work with employees who have been trained and equipped as required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926. K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29 CFR 1926 and 49 CFR. L. Smoking shall not be permitted within 50 feet of any excavation. 3. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in addition to those listed in subsection 250.03(d) 1. shall apply: A. The areas under construction shall be checked with a combustible gas indicator before excavation SSP March 23, 2017 6 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT begins to determine if flammable or combustible gas is in the area. B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific conditions that will require re-evaluation of the area. C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection 250.03(d)2 shall apply. 4. The following procedures shall be followed if the level of contamination as documented in the environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if previously unidentified contaminated air, soil or water, is encountered during the construction of the project: A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer shall be immediately notified. B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed, in accordance with subsection 250.03(a). C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field monitoring, on site testing, and on or off site laboratory analysis. Removal of storage tanks and surrounding contaminated soils shall be in accordance with applicable laws, regulations and established procedures. If the contaminated material cannot be placed in the embankment or remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD determinations. Disposal of the unsuitable material shall be considered as remediation work as described in subsection 250.03(d)4.D and 250.03(d)4.E. D. If this site is determined to be contaminated with petroleum products, hazardous substances or other solid waste in excess of that indicated in the above listed site investigation documents, a thorough Site Investigation and Waste Management Plan shall be accomplished under the supervision of the HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for approval and shall determine the extent of contamination and propose at least three types of remedial action for the contaminated area as required by applicable statutes and regulations. The HSO shall be available to assist the Engineer in explaining this study to the regulatory agencies. When requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected remedial method, and shall submit this to the Engineer for approval. The time required for the Engineer's review of the Remediation Plan, including all necessary drawings, calculations, specifications, and other documentation will not exceed four weeks after a complete submittal is received. This work shall not be done unless authorized in writing by the Engineer. E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials, or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified individuals will supervise the Remediation Plan implementation as concurred to by the regulatory agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado Department of Transportation as the hazardous waste generator on the required paperwork for projects on State Highways and their associated frontage roads. If this project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If the waste disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the hazardous waste generator. Remediation work shall be done only when authorized by the Engineer in writing. SSP March 23, 2017 7 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT 250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered with paint which may contain lead, chromium or other heavy metals, the requirements of this subsection shall apply in addition to the requirements of subsection 250.03. The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with Lead in the Construction Industry. Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91-18), and the references contained therein. The following minimum precautions and procedures shall be followed unless modified in the approved HASP or its updates: (a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN] shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control Commission's regulations. The processing of air pollution permits in non -attainment areas, or where public hearings are required, likely will take more than 90 days. (b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing, and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept or reject this methods statement. (c) Abrasives utilized for blast cleaning shall be low -dusting and low waste. Unless approved otherwise, vacuum blasting or wheel blasting shall be used. (d) The HSO shall sample and test the waste material for lead, chromium, and other paint associated heavy metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA publication, Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials handling decision shall be documented by a report (five copies) submitted to the Engineer. This documentation shall include a description of sample collection methodology, testing performed, test results and comparison of test results with hazardous waste requirements. The waste material shall not be held at an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary storage time limits. (e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and collected from a painted item before it is removed from the site. The Contractor shall contain loose paint until it is removed and collected. Loose paint is defined as that which can be removed by manual scraping methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly labeled, tightly sealed container and placed in a secured location at the end of each working day. (f) All painted steel components which are not designated to be salvaged shall be recycled. Contractor SSP March 23, 2017 8 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT possession of the steel for future use shall be considered a form of recycling. Prior to transport of the components off -site, the Contractor shall obtain a letter from the recipients of the painted steel components stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If the Contractor is to maintain future possession of the steel, the Contractor shah supply this letter. If there will be more than one recipient of the painted material, one letter shall be obtained from each recipient. The Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be recycled by melting, the letter from the recipient is not required. The Contractor shall submit a letter stating the destination of the painted steel components and that they will be melted. (g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has been assumed to contain lead, chromium, other heavy metals, or a combination thereof the Contractor shall capture paint debris which is dislodged during removal operations. The Contractor may choose any method for dismantling the bridge, subject to the following required construction sequence limitations: (1) The concrete deck shall be removed prior to removal of the steel superstructure. (2) If the methods statement indicates that girders will be dropped to the ground during dismantling, all debris from the concrete deck removal operation shall be removed from the area below the bridge before any girders are dropped into this area. (3) Girders may be cut and dropped only if the span is located entirely over land. 250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be excavated for construction of the project which are suspected or known to be contaminated. This work also includes stockpiling or containerization, analytical sampling and testing, and final disposition of contaminated groundwater and soils requiring special handling. The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential contamination, as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation. This shall include any sampling, analysis, and disposal required, and the costs thereof. The Contractor shall be listed as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or as directed. Specific areas of known or potential contamination have been identified in the project plans. There is the potential of encountering contaminated groundwater and soil, which has not been summarized in the plans or specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled by one of three methods as follows: (a) Materials Handling jStockpile& Containerization). When recommended by the HSO and authorized by the Engineer, material shah be stockpiled or containerized for analysis and characterization for proper handling and, disposal, or both. Sampling and testing of materials shah be as described in the Contract. If analysis indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the associated soils will not require any special handling and will become the property of the Contractor and may be used on site, subject to other requirements of the Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall be handled in accordance with subsection 107.25. Stockpiled and containerized materials shall be secured in compliance with the following provisions until they are determined to be uncontaminated: 1. The Contractor shall not store the material for rggrp than 90 days. March 23, 2017 9 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT 2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment area. 3. Soils and groundwater containing different contaminants shall be placed in separate containers or stockpiles. 4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and stockpiles. 5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting which will withstand the placement and removal of stockpiled materials without breaching. 6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench around them shall be covered by plastic sheeting. 7. Proper security shall be provided in accordance with 40 CFR. (b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall haul this material to a solid waste disposal facility. (c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or disposal options of contaminated groundwater as required by applicable statutes and regulations. One of the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities begin. (d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal facility approved by the Engineer. (e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated, contaminated or hazardous shall be stored and disposed of in a manner consistent with current established federal, state, and local regulations for waste materials. Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify potential contaminant sources that may result in a contaminated waste stream. Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste, requiring disposal according to federal, state, and local regulations, shall be transported in accordance with 49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall be treated as required by Colorado Wastewater Discharge Permit System (COPS) permits, 29 CFR and 40 CFR and reimbursed separately in accordance with Contract requirements. 250.06 Sample delivery. This work consists of the collection, containerization and delivery of material samples for analysis to the testing facility designated in the Contract. Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection, containerization and transport of samples to be analyzed, including the documentation of the proper chain of SSP March 23, 2017 10 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours, excluding weekends. The time period required for sample collection and delivery to the testing facility will not be considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the Engineer. The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody requirements have been followed for all samples. Quality control samples shall be provided by the Contractor in accordance with the quality control requirements of the testing facility designated in the Contract (quality control requirements are available from the Engineer). The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the delivery of other samples authorized for analysis by the Engineer, at no additional cost. The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional cost by the Contractor. 250.07 Regulated Asbestos Contaminated Soils (RAGS) 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 RegulationNo. 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 SSP March 23, 2017 11 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT and local permits and shall be responsible for all associated fees. Permit application, notification, and waiver request forms shall be submitted to: 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: asbestos@state.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. 250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition. Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or March 23, 2017 12 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist. METHOD OF MEASUREMENT 250.09 Environmental Health and Safety Management will not be measured, but will be paid for on a lump sum basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to accomplish the following: (1) Preparation, submittal and briefing of the initial HASP (2) Preparation and submittal of the Waste Management Plan 1. Preparation and Submittal of the Dewatering Plan 2. Preparation and Submittal of the Remediation Plan (3) Procedures and equipment specified in subsections 250.03 - 250.07 (4) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction investigations (5) Preparation and submittal of the final site report The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and Safety Officer is actually used, as authorized, for the following work: (1) Field monitoring necessary to ensure the safety of workers on the site; (2) Hours in excess of the items listed under Environmental Health and Safety Management; (3) Hours that are necessary due to unforeseen site conditions; and (4) Hours of additional consultation or field work that is requested by the Engineer. Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for separately, but shall be included in the hourly cost of the HSO. The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT, preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly cost of the MT. Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end area or other requirements acceptable method. Disposal of solid waste and solid hazardous waste materials will be measured by the cubic yard in the disposal container, Materials Sampling and Delivery will be measured by the actual number of samples collected, containerized and transported to the testing facility indicated in the Contract. Additional environmental health and safety management work required and authorized by the Engineer, but not included in the items listed above, will be considered extra work to be paid for in accordance with subsection 109.04, unless such work is caused by the Contractor's action. BASIS OF PAYMENT 250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and Safety Management work before the first partial payment is made. The schedule shall indicate the environmental related Health and Safety Management time for each work item that requires Contractor environmental related Health and Safety Management effort and the total time for the project. SSP March 23, 2017 13 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for payment by the Engineer and will be paid for at the contract unit bid price. The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved by the Engineer and will be paid at the Contract unit price. Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items shall include vehicles, phone charges, supplies, printing, postage, office support, and all other miscellaneous costs associated with the work. Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection 109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials, labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to disposal. This includes haul, stockpile, and security. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this material. Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This includes all handling of the material, loading for disposal, unloading for disposal, and borrow material required for replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment, backfill or material handling (stockpile & containerization) on the project. (1) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit price for this work. (2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force account in accordance with subsection 109.04. (3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account in accordance with subsection 109.04. The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other than the specified areas of known or potential contamination, as shown in the plans, will be paid for in accordance with subsection 109.04. Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample collected, containerized and transported to the laboratory testing facility as designated in the Contract. The Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals necessary to complete this work including required sampling kits, containers, sample splits and quality control samples. The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or property. Expenditures associated with actions of the Contractor shall be borne by the Contractor at no cost to the project. Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be paid for by planned force account in accordance with subsection 109.04. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. SSP March 23, 2017 14 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Pay Item Environmental Health and Safety Management Health and Safety Officer Monitoring Technician Materials Sampling and Delivery Materials Handling (Stockpile) Solid Waste Disposal Pay Unit Lump Sum Hour Hour Each Cubic Yard Cubic Yard SSP February 3, 2011 REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 °F cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3 -foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed oNy in areas where continuous paving is possible. SSP July 19, 2012 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. SSP February 3, 2011 REVISION OF SECTION 401 COMPOSITION OF MIXTURES - VOIDS ACCEPTANCE Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(a) shall include the following: On projects with voids acceptance of hot mix asphalt, mix designs based on a theoretical rejection of baghouse fines may be used when necessary to meet CDOT mix design requirements if the following additional requirements are met. Written approval for use of theoretical rejection of baghouse fines mixture design shall be obtained before production of project material. (1) Price adjustment for the hot mix asphalt shall be made based on voids acceptance criteria as prescribed in the latest version of the Standard Special Provision, Revision of Sections 105 and 106, Conformity to the Contract of Hot Mix Asphalt (Voids Acceptance). All costs associated with theoretical rejection of baghouse fines mix design, production, and acceptance shall be at the Contractor's expense. (2) The Contractor shall submit a separate Quality Control (QC) plan for handling the rejection of baghouse fines. The plan shall identify the plan, equipment, and procedures that will be used for the rejection of baghouse fines. The plan shall include detailed information on baghouse control systems and actual data demonstrating consistent system functionality. The QC plan shall be approved in writing prior to production (3) The Contractor shall demonstrate that the material can be produced in accordance with one of the two procedures listed below. The Contractor shall supply project aggregate material for use in establishing acceptance testing equipment correction factors. Aggregate samples that have been produced according to CP-L 5117 to represent plant -produced material shall be provided by the mix design lab. (i) The Contractor shall produce a minimum of 3000 tons of material. This material shall be placed on non thru lanes or offsite in locations approved by the Engineer. A minimum of 3 samples will be tested for AC content, air voids and VMA. QL's for each element will be determined in accordance with the contract documents. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. This material may be considered a separate process and price adjustment will be in accordance with subsection 105.05 or, (ii) The Contractor shall construct a 500 -ton test strip on the main line on the project. Tonnage other than 500 tons may be produced only if approved. 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 QL's are calculated. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. If the TQL 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 the Contractor's expense. SSP January 6, 2012 REVISION OF SECTION 401 TOLERANCES FOR HOT MIX ASPHALT (VOIDS ACCEPTANCE) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b) delete Table 401-1, including the footnotes, and replace with the following: Table 401-1 Tolerances for Hot Bituminous Pavement Element Asphalt Cement Content Tolerance ± 0.3 % Voids in the Mineral Aggregate (VMA) + 1.2% Air Voids + 1.2% SSP May 2, 2013 1 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 401.10 shall include the following: The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. Subsection 401.22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work. Subsection 412.07 shall include the following: The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. SSP May 2, 2013 2 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted. Subsection 412.24 shall include the following: Pay Item Concrete Safety Edge Pay Unit Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item. SSP January 12, 2017 1 REVISION OF SECTIONS 630 AND 713 RETROREFLECTIVE SHEETING Section 630 and 713 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Sheeting Type IV Type VI (Roll -up sign material) Fluorescent' Application Work Zone Work Zone Work Zone All Orange Construction Sins Orange Construction Signs that are used only during daytime hours for short term or mobile operations X4 X X Barricades (Temporary) Vertical Panels Flaggers Stop/Slow Paddle Drums and Tubular Markers2 X X X X6 X X X X Non -orange Fixed Support signs with prefix 'W" Special Warning Signs X STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5 -1a) DO NOT ENTER sign (R5-1) EXIT sin (E5 -1a) DETOUR sign (M4-9) or (M4-10) X X X J All other fixed support signs3 X X All other signs used only during working hours All other signs that are used only during daytime hours for short term or mobile operations 1 Fluorescent sheeting shall be of a brand that is on the CDOT Approved Products List 2 Drum and Tubular Marker sheeting shall be manufactured for flexible devices, and sheeting materials shall conform to Section 713. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 4 RS 24 only. 5 White only. 6 For projects advertised prior to September 1, 2017, Type IV or Fluorescent sheeting will be permitted_ For projects advertised on or after September 1, 2017. only Fluorescent sheeting will be permitted. X X X X6 X SSP January 12, 2017 2 REVISION OF SECTIONS 630 AND 713 RETROREFLECTIVE SHEETING In subsection 630.07 (b), delete the first sentence of the second paragraph and replace it with the following: Tubular Markers shall be retroreflectorized as shown in Table 630-1. Delete Subsection 713.10(b) and replace with the following: (b) Retroreflective Sheeting. Reflective sheeting for traffic control devices shall be listed on the CDOT Approved Products List, and conform to the requirements of ASTM D 4956. 1. Retroreflective Quality Requirements A. Drums and Tubular Markers. Retroreflective sheeting shall conform to ASTM 04956 Type IV, with the following modifications: The Minimum Coefficient of Retroreflection (RA) shall conform to the following minimum values. Observation Angle Entrance Angle Minimum Coefficient of Retroreflection (RA) [cdlfclft2 (cdllx.m2)] White Fluorescent Orange I 0.2° -4° 500 200 0.2° 30° 200 80 0.5° .4° 225 90 0.5° 30° 85 34 I 2. Daytime Color A. Drums and Tubular Markers. All fluorescent orange sheeting shall meet the color requirements of ASTM D4956, with the following modifications: The chromaticity coordinates and total luminance factor shall conform to the requirements as described in 23 CFR Part 655 Appendix to Subpart F. The Fluorescence Luminance Factor (YF) shall conform to the following minimum values. Color P YF Initial Requirement YF Minimum Requirement Fluorescent Orange 20 15 SSP March 29, 2016 1 REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702 of the Standard Specifications is hereby deleted for this project and replaced with the following 702.01 Asphalt Cements. (a) Superpave Performance Graded Binders. Superpave Performance Graded Binders shall conform to the requirements listed in Table 702-1. (Taken from AASHTO M 320) Asphalt cement shall not be acid modified or alkaline modified. Asphalt cement shall not contain any used oils that have not been re -refined. Modifiers that do not comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (IV), and part 266/Subpart C shall not be added. Modifiers shall not be carcinogenic. The supplier of the PG binder shall be certified in accordance with CP 11. SSP March 29, 2016 Dynamic Shear, Temp. °C, where G*/Sin 6 @ 10 rad/s 2 220 kPa Elastic Recovery, 25 °C, percent min. Ductility, 4 °C (5 cm/min.), cm minimum PAV Residue Properties, Aging Temperature 100 °C Dynamic Shear, Temp. °C, where G*.Sin i5 @ 10 rad/s s 5000 kPa Creep Stiffness, @ 60 s, Test Temperature in °C S, maximum, MPa m -value, minimum 2 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder 58-28 58-34 64-22 64-28 70-28 76-28 AASHTO Test No. Flash Point Temp., °C, minimum Viscosity at 135 °C, Pass, maximum Dynamic Shear, Temp. °C, where G`/Sin6 @ 10 rad/s a 1.00 kPa Ductility, 4 °C (5 cm/min.), cm minimum Toughness, joules (inch-Ibs) Tenacity, joules (inch-Ibs) Acid or Alkali Modification (pass - fail) RTFO Residue Properties 230 230 230 3 3 3 58 58 230 230 230 3 64 64 Pass Pass Pass Mass Loss, percent maximum 1.00 1.00 1.00 58 58 64 3 3 70 76 50 12.4 (110) 8.5 (75) Pass Pass Pass 1.00 1.00 1.00 64 70 76 50 50 20 T 48 T 316 T 315 T51 CP-L 2210 CP-L 2210 CP-L 2214 CP-L 2215 CP-L 2215 T 315 T 301 T51 19 16 25 22 25 28 R 28 T 315 -18 -24 -12 -18 -18 -18 T 315 300 300 300 300 300 300 T 313 0.300 0.300 I 0.300 0.300 0.300 0.300 T 313 SSP March 29, 2016 3 REVISION OF SECTION 702 BITUMINOUS MATERIALS Acceptance Samples of the PG binder will be taken on the project in accordance with the Schedule in the Field Materials Manual. The Department will test for acid modification and alkaline modification during the binder certification process. Thereafter, the Department will randomly test for acid modification and alkaline modification. (b) Damp proofing. Asphalt for damp proofing shall conform to the requirements of ASTM D 449, and the asphaltic primer shall conform to the requirements of ASTM D 41. 702.02 Emulsified Asphalts. Emulsified asphalts shall conform to AASHTO M 140 or M 208 for the designated types and grades. Emulsified asphalt and aggregate used for surface seals shall be sampled and will be tested for information only in accordance with CP-L 2213. Emulsified asphalt (HFMS-2S) with a residual penetration greater than 300 dmm shall conform to all properties listed in AASHTO M 140, Table 1 except that ductility shall be reported for information only. (a) Emulsion for Tack and Fog Coats. Emulsions for tack and fog coats shall conform to the requirements listed in Table 702-2 or 702-3, prior to dilution. SSP March 29, 2016 4 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-2 TACK AND FOG COAT EMULSIONS Property ' Viscosity, at 25 °C, Saybolt- I Furol, s max Storage stability, 24 hr, % max' Particle charge test Sieve test, % max Oil Distillate by volume, % max Residue by distillation/ evaporation, % min3 min Tests on residue: Penetration, 25 °C, 100g, 5s, min, dmm Penetration, 25 °C, 100g, 5s, max, dmm Ductility, 25 °C, 5 cm/min, cm, min Solubility, in trichloroethylene% min 97.5 97.5 T 44 CSS-Ih SS -1h 20 100 1.0 Positive 0.10 3.0 20 100 1.0 0.10 3.0 573 573 40 120 40 120 AASHTO Test No. T 59 T 59 T 59 T 59 T-59 T 59/ CP-L 22122 T 49 40 40 T 51 'If successful application is achieved in the field, the Engineer may wave this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. (b) Emulsion for Chip Seals Polymerized emulsions for chip seals shall conform to the requirements listed in Table 702-3. Emulsion for chip seals shall be an emulsified blend of polymerized asphalt, water, and emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain at least 3 percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor. SSP March 29, 2016 5 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-3 POLYMERIZED EMULSIONS FOR CHIP SEALS Property Tests on Emulsion: Viscosity, at 50 °C, Saybolt- min Furol, s max Storage stability, 24 hr, % max Particle charge test Sieve test, % max Demulsibilityi, % min Oil Distillate by volume, % max or range Residue by distillation/ evaporation, % min3 CRS -2 CRS -2P CRS -2R HFMS-2P AASHTO Test No. 50 50 50 50 T 59 450 450 450 450 1.0 1.0 1.0 1.0 T 59 Positive Positive Positive T 59 0.10 0.10 0.10 0.10 T 59 40 40 40 T 59 3.0 3.0 3.0 I 3.0 T-59 653 653 653 653 T 59/ CP-L 22122 Tests on residue: Penetration, 25 °C, 100g, 5s, min, dmm Penetration, 25 °C, 100g, 5s, max, dmm 70 70 150 150 Ductility, 25 °C, 5 cm/min, cm, min 40 70 70 150 150 40 T 49 75 T 51 Ductility, 4 °C, 5 cm/min, cm, min Solubility, in trichloroethylene% mina 97.54 97.54 97.54 97.54 T 44 Elastic Recovery, 25 °C min 58 T 301 Float Test, 60 °C, s min 1200 T 50 Toughness, in-Ibs, min 70 90 CP-L 2210 Tenacity, in-Ibs, min 45 45 CP-L 2210 11f successful application is achieved in the field, the Engineer may waive this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. 4 Solubility may be determined on the base asphalt cement prior to polymer modification. SSP March 29, 2016 6 REVISION OF SECTION 702 BITUMINOUS MATERIALS (c) Emulsion for Slurry Seals and Micro -Surfacing. Emulsions for slurry seals and micro -surfacing shall conform to the requirements listed in Table 702-4. The modified emulsion shall contain a minimum of 3 percent polymer, SBR latex, or natural latex by weight. Table 702-4 SLURRY SEAL AND MICRO -SURFACING EMULSIONS _ Property CQS-1hL CQS-1hP AASHTO Test Viscosity, at 25 °C, Saybolt- min 15 15 Furol, s max 100 100 Storage stability, 24 hr, % max! 1.0 1.0 Particle charge test Positive Positive Sieve test, °/0 max 0.10 0.10 Oil Distillate by volume, °/0 max 0.5 0.5 Residue by distillation/ evaporation, % min3 623 623 Penetration, 25 °C, 100g, 5s, min, dmm Penetration, 25 °C, 100g, 5s, max, dmm Ductility, 25 °C, 5 cm/min, cm, min Solubility, in trichloroethylene% min 40 40 150 150 50 50 97.5 97.5 No. T 59 T 59 T 59 T 59 T-59 T 59/ CP-L 22122 T 49 T 51 T 44 1If successful application is achieved in the field, the Engineer may wave this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. March 29, 2016 7 REVISION OF SECTION 702 BITUMINOUS MATERIALS (d) Emulsion for Prime Coat. Emulsion for prime coat shall conform to the requirements of Table 702-5. Circulate before use if not used within 24 hours. Table 702-5 ASPHALT EMULSION FOR PRIME COAT (AEP) Property Requirement Viscosity, Saybolt Furoi, at 50 °C (122 °F), s f% Residue Oil Distillate by Volume, % ITests on Residue from Distillation: Solubility in Trichloroethylene, % 20-150 65% min. 7% max. 97.5 min. AASHTO Test No. T 59 T 59 to260°C (500 °F) T59 T 44 (e) Recycling Agent. Recycling Agent for Item 406, Cold Bituminous Pavement (Recycle), shall be either a high float emulsified asphalt (polymerized) or an emulsified recycling agent as follows: 1. High Float Emulsified Asphalt (Polymerized). High Float Emulsified Asphalt (Polymerized) for Cold Bituminous Pavement (Recycle) shall be an emulsified blend of polymer modified asphalt, water, and emulsifiers conforming to Table 702-6 for HFMS-2sP. The asphalt cement shall be polymerized prior to emulsification, and shall contain at least 3 percent polymer. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation, and shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a pressure distributor. March 29, 2016 8 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-6 HIGH FLOAT EMULSIFIED ASPHALT (POLYMERIZED) (HFMS-2sP) Property Requirement Minimum Maximum AASHTO Test Tests on Emulsion: Viscosity, Saybolt Furol at 50 °C (122 °F), sec Storage Stability test, 24 hours, % Sieve test, % % Residue' OH distillate by volume, °%: Tests on Residue: Penetration, 25 °C (77 °F), 100g, 5 sec Float Test, 60 °C (140 °F), sec Solubility in TCE, % Elastic Recovery, 4 °C (39.2 °F), % 50 65 1 150 1200 97.5 50 450 1 0.10 7 3002 T 59 T 59 T 59 T 59 T 59 T 49 T 50 T44 T 301 1400 ± 10° F maximum temperature to be held for 15 minutes. 2When approved by the Engineer, Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm may be used with Cold Bituminous Pavement (Recycle) to address problems with cool weather or extremely aged existing pavement. Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm shall meet all properties listed in Table 702-4 except that Elastic Recovery shall be reported for information only. March 29, 2016 9 REVISION OF SECTION 702 BITUMINOUS MATERIALS 2. Emulsified Recycling Agent. Emulsified Recycling Agent for use in Cold Bituminous Pavement (Recycle) shall conform to the requirements in Table 702-7. Table 702-7 EMULSIFIED RECYCLING AGENT Requirement Property Minimum Maximum Test Tests on Emulsion: Viscosity @ 25 °C, SFS Pumping Stability Sieve Test, %w Cement Mixing, %w Particle Charge Conc. Of Oil Phase 20 Pass Positive 64 200 0.1 2.0 ASTM D 244 GB Method' ASTM D 2442 ASTM D 244 ASTM D 244 ASTM D 2443 Tests on Residue: Viscosity @ 60 °C , CST Flash Point, COC, °C (0 F) Maltenes Dist. PC+A1 Ratio4 S+A2 PC/S Ratio 2000 4000 232 0.3 0.6 0.4 Asphaltenes, % max. 11.0 ASTM D 2170 ASTM D 92 ASTM D 2006 ASTM D 2006 ASTM D 2006 1Pumping stability is determined by charging 450 ml of emulsion into a one liter beaker and circulating the emulsion through a gear pump (Roper 29.B22621) having a 6.3 mm (1/4 inch) inlet and outlet. The emulsion passes if there is no significant separation after circulating ten minutes. 2Test procedure identical with ASTM D 244 except that distilled water shall be used in place of 2 percent sodium oleate solution. 3ASTM D 244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 149°C (300 °F) until foaming ceases, then cooling immediately and calculating results. 4In the Maltenes Distribution Ratio Test by ASTM Method D 2006. PC = Polar Compounds S = Saturates Al = First Acidaffin A2 = Second Acidaffins March 29, 2016 10 REVISION OF SECTION 702 BITUMINOUS MATERIALS (f) Asphalt Rejuvenating Agents. Asphalt rejuvenating agents (ARA) shall be composed of a petroleum resin -oil base uniformly emulsified with water and shall conform to the physical and chemical requirements of Table 702-8 or ASTM D 4552. Table 702-8 ASPHALT REJUVENATING AGENT Property Viscosity, S.F., @ 25 °C (77 °F), s 'Residue, % min. 2Miscibility Test 3Sieve Test, % max. Particle Charge Test ASTM D244 (Mod): Viscosity, 60 °C (140 °F), mm2/s Flash Point, COC, °C, min. Asphaltenes, % max. AMaltenes Dist. PC+Al Ratio S+A2 Test Method ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 445 ASTM D 92 ASTM O2006 ASTM D 2006 Requirement 20-40 60-65 No coagulation 0.10 Positive 100 - 200 196 1.0 0.3-0.6 Saturated Hydrocarbons, % ASTM D 2006 21-28 ' ASTM D244 Modified Evaporation Test for percent of residue is made by heating 50 -gram sample to 149 °C (300 °F) until foaming ceases, then cooling immediately and calculating results. 2 Test pro edure identical with ASTM 0244 except that 0.@2 Normal Calcium Chlorideso)Gtion shall be used in place of distilled water. 3 Test procedure identical with ASTM D244 except that distilled water shall be used in place of 2% sodium oleate solution. 4 In the Maltenes Distribution Ratio Test by ASTM Method 04124: PC = Polar Compounds S = Saturates A, = First Acidaffin A2 = Second Acidaffins March 29, 2016 11 REVISION OF SECTION 702 BITUMINOUS MATERIALS For hot -in -place recycling ARA-1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements below: Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous pavements shall be modified with a minimum of 1.5 percent styrene -butadiene solution polymer. The finished product shall conform to the physical requirements listed in Table 702-9 below. Table 702-9 ARA-1P Property Test Method Test on Emulsion Viscosity, Saybolt-Furol @ 77 °F, s Residue @ 350 °F, Sieve Test, % Oil distillate, Test on Residue Penetration @ 39.2 °F, 100g, 5s, dmm Asphaltenes, ASTM D 244 ASTM D 244 Mod ASTM D 244 ASTM D 244 Min Max 60 100 0.10 2.0 ASTM D-5 Modified 150 ASTM D 4124 250 15 702.03 (unused) 702.04 Hot Poured Joint and Crack Sealant. Hot poured material for filling joints and cracks shall conform to the requirements of ASTM D 6690, Type II or Type IV. The concrete blocks used in the Bond Test shall be prepared in accordance with CP-L 4101. Sealant material shall be supplied pre -blended, pre -reacted, and prepackaged. If supplied in solid form the sealant material shall be cast in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid. The sealant shall be delivered in the manufacturer's original sealed container. Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the manufacturer's batch or lot number, the application temperature range, the recommended application temperature, and the safe heating temperature. The sealant shall be listed in CDOT's Approved Products List prior to use. November 1, 2012 1 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST —shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Percent by Weight Passing Square Mesh Sieves Sieve Size Grading SF** Grading ST Grading SX Grading S Grading SG 37.5 mm (1,/„) 25.0 mm (1") 19.0 mm ('/4") 12.5 mm (1/2') 9.5 mm (W) 4.75 mm (#4) 2.36 mm (#8) 1.18 mm (#16) 600 µm (#30) 300 µm (#50) 150 µm (#100) 75 µm (#200) 100 90 - 100 30-54 2-12 100 90 --100 * 28 - 58 * 2-10 100 90 -100 * * 28-58 2-10 100 90-100 * * * 23 - 49 * 2-8 100 i 90 - 100 * 19-45 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. **SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (1/2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90. November 1, 2012 2 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Additionally, each source of aggregate for SMA shall meet the following requirements (1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small - Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 703-4A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Combined Aggregate (Mix Design) Combined Aggregate (1/10,000 tons, or fraction thereof during production) Not to exceed 18 20 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Richard White, P.E. Engineer III Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3742 Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3749 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 October 27'" , 2017 beginning at 10 AM at WC Public Works Bldg. . Bids will be accepted only from bidders who attend the mandatory pre -bid conference. Questions received from bidders along with Weld County responses will be posted on the 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 direct the bidder to contact the Resident Engineer directly to address the question or clarification. The Resident Engineer will keep the bidder's innovation confidential and will not share this information with other bidders. The Resident Engineer will determine whether questions are innovative or proprietary in nature. If the Resident Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Resident 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 Resident Engineer agrees that a question warrants confidentiality, the Resident 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 5:00 P.M. Friday of the week prior to the week of bid opening. Final questions and answers will be posted no later than Monday of the bid opening week. Only bidders pre -qualified in accordance with the Rules for Pre -Qualification, Debarment, Bidding and Work on Colorado Department of Transportation's Road, Highway, and Bridge Public Projects, 2 CCR 601-10 will be allowed to bid on the project. END OF SECTION Resident Engineer agrees that a question warrants confidentiality, the Resident 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 5:00 P.M. Friday of the week prior to the week of bid opening. Final questions and answers will be posted no later than Monday of the bid opening week. Only bidders pre -qualified in accordance with the Rules for Pre -Qualification, Debarment, Bidding and Work on Colorado Department of Transportation's Road, Highway, and Bridge Public Projects, 2 CCR 601-10 will be allowed to bid on the project. END OF SECTION SP - 3 1 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the "Notice to Proceed" and will complete the Project within 45 calendar days unless the period for completion is extended otherwise by the Contract Documents. 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 excluding Saturdays, Sundays, and holidays. 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. Calendar Day Contracts have been adjusted to account for Saturdays, Sundays, and holidays by increasing the completion date by the appropriate number of days. If inspectable construction operations occur on Saturdays, Sundays, or holidays, one day for each weekend day or holiday worked will be subtracted from the Calendar Day Contract completion date. Section 108 of the Standard Specifications is hereby revised for this project as follows: The Contractor shall submit an initial work schedule at the pre -construction meeting. Thereafter, the Contractor shall submit updated progress schedules on a monthly basis. Salient features to be shown on the Contractor's progress schedules for the project are: 1. Estimated mobilization and traffic control set-up dates at each bridge. 2. Estimated time period of construction work at each bridge. 3. Estimated demobilization and traffic control removal at each bridge. 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 SP - 4 1 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: Eight Percent (8%) DBE participation END OF SECTION SP - 5 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 0 hours END OF SECTION SP - 6 1 EEO COMPLIANCE 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 govlemployersleeol survey/faq cfm END OF SECTION SP - 7 1 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: 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 2011. 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 101.36: Holidays recognized by Weld County are: New Year's Day Washington/Lincoln Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.51 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.65: Roadway prism defined as toe of slope to toe of slope. Subsection 101/6: "State" shall mean Weld County. END OF SECTION SP - 8 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02(c)(1) and (c)(2) — Delete the section and replace with the following: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction And (2) When a major item of work is increased in excess of 150 percent or decreased below 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 104.03 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. 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 out of the River and disposed of at a disposal site approved of by the Weld County Inspector. Backfill areas in the river 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 River or canal on a daily basis. Any construction debris and trash which may be washed away downstream shall be located, removed, and disposed of away from the site at a certified landfill location. Tickets shall be provided to the Engineer. Any petroleum products accidentally spilled or leaked within the creek shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the creek channel. Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows: Net cost savings on Value Engineering Cost Proposal (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 removed and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: SP - 9 2 REVISION OF SECTION 104 SCOPE OF WORK (gross cost of deleted work) - (gross cost of added work) = (gross savings) (gross savings) - (Contractor's engineering costs) - (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 Lost opportunity shall not be considered part of the calculations The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 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 SP - 10 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. 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 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: SP - 11 2 REVISION OF SECTION 105 CONTROL OF WORK Multiplier for Price Reduction for Miscellaneous Items Item Number Description Element Multiplier (M) 206 Structural Backfill Gradation 4.0 304 Aggregate Base Course Gradation 4.0 403 Hot Mix Asphalt Hydrated Lime Gradation 4.0 Delete subsection 105.09 and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions i. Weld County 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 i. 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: SP - 12 The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that Weld County or its duly authorized representative will handle all claim review. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Engineer or a duly authorized representative. District Engineer shall mean the Weld County Engineer or a duly authorized representative. Chief Engineer shall mean the Board of Weld County Commissioners or their duly authorized representative. Subsection 105.24 is amended as follows: 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 $15,000 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 SP - 13 1 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Contractor and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. Subsection 106.05 shall include the following: (h) Sampling and testing of small quantities. Acceptance Method provided below. Item 403 - Hot Mix Asphalt: 500 Tons or less, visually inspect and document in project file, all tests; One sample /day of production / Mix Design (Asphalt Content, Rice & Gradation) and (one test for every 30 tons placed, for relative compaction). Testing shall be provided by the contractor Process Control testing company as directed by the Inspector. Subsection 106.11 shall include the following: 2 SP - 14 REVISION OF SECTION 106 CONTROL OF MATERIAL The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. END OF SECTION SP - 15 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Add subsection 107.06.1 immediately following subsection 107.06 as follows: 107.06.1 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: • Structure construction or repair. • Work requiring the use construction equipment. • When construction materials are being lifted that may fall onto active traffic lanes. 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: Safety Critical Element for which the plan is being prepared and submitted. 1. Contractor or subcontractor responsible for the plan preparation and the work. 2. Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations 3. Temporary works required: falsework, bracing, shoring, etc. 4. Additional actions that will be taken to ensure that the work will be performed safely. 5. 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 6. 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 SP - 16 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC C. Certifications earned in performing similar work 7. 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 8. The construction plan shall address how the Contractor will handle contingencies such as: G. Unplanned events (storms, traffic accidents, etc.) H. Structural elements that don't fit or line up 1. Work that cannot be completed in time for the roadway to be reopened to traffic J. Replacement of workers who don't perform the work safely K. Equipment failure L. 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. 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, and (4) Removal of Portion of Bridge. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.05. 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. 3 SP - 17 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. Subsection 107.15(b) shall be revised to include the following: For this project the insurance certificates shall name Weld County (Weld) and CDOT as additionally insured parties. Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. 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 buy 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 107.17 shall be revised to include the following: 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 107.19 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 Amy Joseph, 970-304- 6496 x 3764. Subsection 107.25 — The Contractors attention is directed to this subsection: The requirements as called out in this subsection will be strictly enforced. Weld County has submitted an application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction Activities. The Contractor shall be responsible for complying with the permit requirements. Subsection 107.25(c) shall include the following: The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be obtained by Weld County. END OF SECTION SP - 18 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 Subletting of Contract and replace with the following: The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract; however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Subsection 108.03 shall include the following: 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. In subsection 108.03 (c), delete the third paragraph. Delete subsection 108.04 Payment Schedule, and replace with the following: The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor expects to complete by the end of each State Fiscal Year (July 1 to June 30). The schedule shall cover the period from the commencement of work to the expected completion date as shown on the Contractor's progress schedule. The payment schedule may be prepared using standard spreadsheet software such as MS Excel and submitted in electronic format. The Contractor shall submit the payment schedule at the preconstruction conference. The payment schedule shall show the total dollar amount of work expected to be completed by the end of each State Fiscal Year. The amounts shown shall include planned force account work and expected incentive payments. If the Contractor fails to submit the payment schedule by the required date, the Engineer will withhold further progress payments until such time as the Contractor has submitted it. SP - 19 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Subsection 108.08: Delete the second paragraph starting with "The Contractor shall not carry on construction..." and replace with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involves 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 12:00 Noon 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: 1. 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 excluding Saturdays, Sundays, and holidays. 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. Calendar Day Contracts have been adjusted to account for Saturdays, Sundays, and holidays by increasing the completion date by the appropriate number of days. 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 that date. 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 to account for Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days. If inspectable construction operations occur on Saturdays, Sundays, or holidays, one day for each weekend day or holiday worked will be subtracted from the completion date. SP - 20 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To and Including 0 150,000 500 150,000 500,000 1,000 500,000 1,000,000 1,600 1,000,000 2,000,000 2,300 2,000,000 4,000,000 4,100 4,000,000 10,000,000 5,800 10,000,000 7,000 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 END OF SECTION SP - 21 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 Measurement of Quantities, delete the 17th paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. 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% Subsection 109.01 shall be modified to include the following: The following work will not be measured and paid for separately but shall be included in applicable unit prices for with 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. Temporary fencing 3. New materials (if required) for resetting fences 4. Fine grading 5. Soil conditioner 6. Fertilizer 7. Staging areas 8. Non -Destructive Utility Potholing 9. Additional temporary construction easements if desired by the Contractor 10. Coordination with utility companies 11. All water 2 SP - 22 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Subsection 109.06 — Partial Payments, paragraph (a), (Standard Amount Retained). 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 original contract amount. Subsection 109.06 (e) shall include the following: 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 CDOT to withhold subsequent payments or retainage to the Contractor. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). 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. In subsection 109.10 Compensation for Compensable Delays, delete the first two paragraphs and replace with the following: If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that 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 not otherwise included in (5) below; (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 invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (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. END OF SECTION SP - 23 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. Sediment from existing pipes. 3. Delineators. 4. Gravel from access roads, 5. Trees smaller than 24" DBH, 6. All foundations, pavements, utility poles, underground utilities, and other deleterious material, and 7. Tree and shrubs to be removed shall include the entire root ball and all roots larger than 1/2 -inch in diameter. Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this bid item. Payment will be made under: Pay Item Clearing and Grubbing END OF SECTION 1 SP - 24 Pay Unit LS REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS In subsection 201.01, add the following: REMOVAL OF RUBBLE AND CONCRETE DEBRIS This work includes removal and disposal of pieces of concrete and larger ruble not included in the unclassified excavation item. This work also includes removing other miscellaneous debris and trash, as shown on the plans or at locations directed by the Project Engineer. Removals will be as directed by the County and will be paid for as a Lump Sum. Material shall be taken to an approved registered landfill. REMOVAL OF ASPHALT MAT This work includes saw -cutting, removal, and disposal of existing asphalt mat, within the existing street as shown on the plans or at locations directed by the Public Works Engineer or Inspector. Also, removal of rock wall, street signs, irrigation items and shrubbery on adjacent private properties as directed by the Public Works Engineer or Inspector. Prior to removal, the County's representative will mark the removal limits. Payment will be made under: Pay Item Removal of Rubble and Concrete Debris Removal of Asphalt Mat (8" thick) Sawing of Asphalt Mat Pay Unit LS Square Yard Lineal Feet END OF SECTION SP - 25 1 REVISION OF SECTION 203 UNCLASSIFIED EXCAVATION DESCRIPTION Payment for Unclassified Excavation (complete in place) shall be considered full compensation for all work necessary to complete the earthwork to the lines and grades shown on the Plans. This work shall include but is not limited to scarification, wetting and drying of soils to obtain optimum compaction, hauling and disposal of excess or unsuitable materials off the jobsite. Quantity changes, if directed by the County, will be estimated by the County and agreed to by the Contractor to be paid (or deducted) at the Bid unit price. Payment for removal of Unsuitable Material shall include excavation, hauling and disposal, importing, placing, moisture conditioning and compaction of approved suitable material; and all other labor, materials, equipment, and work required to remove unsuitable subgrade and replace it with approved material. When approved, onsite soil is used to replace excavated Unsuitable Material, Payment will be made under the bid item for Unclassified Excavation (complete in place). Testing and soil analysis shall not be paid for separately, but shall be included in the cost of the work. A minimum R -Value of 40 is required. Subsection 203.03 replace all reference to CDOT's lab with Weld County Lab Payment will be made under: Pay Item Unclassified Excavation (Complete in Place) Unsuitable Material END OF SECTION 1 SP - 26 Pay Unit Cubic Yard Cubic Yard REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for the project as follows: Section 206 shall include the following: Structure excavation, structure backfill, 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) 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 PC = 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. METHOD OF MEASUREMENT Subsection 206.06 shall include the following: Structure excavation, structure backfill will not be measured separately but will be paid for at the quantity shown on the plans. Flow -Fill shall meet the specifications of 206.02(a) above. 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. Sheet Piling for this project is temporary and shall meet OSHA Standards and shall be removed. BASIS OF PAYMENT For the Bridge, quantities have been computed to neat lines outside of and parallel to the Abutment, footing and wing walls as shown on the plans. Pay Item Structure Backfill (Flow -Fill) END OF SECTION SP - 27 Pay Unit Cubic Yard 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 includes imported topsoil that is to be placed in the disturbed area within the project limits that are to receive native seed. Section 207.01 is hereby revised as follows: This work consists of removing existing on -site topsoil material, stockpiling the imported 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. Section 207.04 is hereby revised as follows: 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. Section 207.05 is hereby revised as follows: The contract unit price for topsoil shall be full compensation for all work necessary to complete the item including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, and redistributing the existing topsoil material onto the re -graded slopes. Payment will be made under: Pay Item Topsoil (Stockpile and Redistribute) END OF SECTION SP - 28 Pay Unit Cubic Yard 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 — Add the following language to this paragraph: This project will disturb more than one acre of ground and a Colorado Stormwater Discharge Permit will be obtained by the County. If pumping water is required during the construction, the Contractor will be required to obtain a Construction Dewatering Permit from the State. All costs associated with obtaining this permit, as well as the costs of the actual dewatering, shall be considered to be subsidiary to the Mobilization bid item. The County Inspector shall serve as the Erosion Control Supervisor (ECS) for this project. The Inspector and the Contractor will identify Best Management Practices (BMP's) required to ensure erosion is controlled and minimized. Costs associated with installing, maintaining, and removal of BMP's shall be negotiated by the Inspector and Contractor prior to installation, and paid for utilizing the Erosion Control Force Account. When the Inspector requests specific BMP's to be installed, the Contractor shall make immediate arrangements, and shall commence installation of the requested BMP's within 48 hours of notification. EROSION LOG, GRAVEL BAG, SILT FENCE, CONCRETE WASHOUT Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1)Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2)Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. SP - 29 Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) (pounds/foot) Stake Dimensions (Inches) Min. Max. 9 inch 10 180 1.6 1.5 by 1.5 (nominal) by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. GRAVEL BAGS, SILT FENCE, CONCRETE WASHOUT 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. END OF SECTION SP - 30 1 REVISION OF SECTIONS 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.03 - Add the following language: Contractor shall remove existing fencing as required during construction. Contractor shall reinstall all removed fencing after the construction is complete, if it is determined that the fence is not reusable, Contractor shall purchase new fencing of same type and length. All work and materials associated with this work shall be considered subsidiary to bid item 210. The basis of payment for this item is as follows: Pay Item Remove and reinstall fence END OF SECTION SP - 31 Pay Unit Lineal Feet 1 REVISION OF SECTION 211 DEWATERI NG Section 211 of the Standard Specifications is hereby added for this project as follows: DESCRIPTION 211.01 This work consists of dewatering temporary excavations. CONSTRUCTION REQUIREMENTS 211.03 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 structures. 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 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. METHOD OF MEASUREMENT 211.04 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 drainage structures, 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. BASIS OF PAYMENT 211.05 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Dewatering Lump Sum END OF SECTION SP - 32 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. Section 212.06 shall be modified to include the following: Hydraulic seeding equipment will not be allowed. Section 212.06 shall be modified to include the following: Soil Preparation. For soil preparation of native grass areas, if fertilizer is required, the fertilizer shall be a in accordance with the recommendations of a soil test conducted by the Colorado State University Soil Testing Laboratory. If a soil conditioner is required, the soil conditioner shall be 40% by volume of thermally and mechanically processed straw, flexible flax fibers; 58% by volume of sphagnum peat moss or compost, 2% by volume of additional materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and 16 amino acids including folic acid, vitamin A, and tricontanol growth stimulant/regulator; and mycorrhiza inoculants. a. 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. b. 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, soil conditioner, soil conditioning, mulch, or mulch tackifier for native seeding. This work shall be included in the Unit Price bid for native seeding. The unit price paid for native seeding shall include all of the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch and mulch tackifier. Subsection 212.08 shall include the following: SP - 33 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. Maintenance of seeded areas shall be subsidiary to pay item 212. Pay Item Pay Unit Seeding (native) Acre END OF SECTION SP - 34 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydro -mulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Property (1) pH 1% solution (2) Mucilage content Requirement 6.5 - 8.0 75% min. Pre -gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein (2) Ash content (3) Fiber (4) pH 1% solution (5) Size (6) Settleable solids Test Method ASTM D7047 5.5-7% 0-2% 4-5% 6.5 - 8.0 100% thru 850 microns (20 mesh) <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: sP - 35 2 REVISION OF SECTION 213 MULCHING Properties Organic Fibers Cross linked Tackifiers Reinforcing Interlocking Fibers Biodegradability Ground Cover @ Application Rate Functional Longevity Cure Time Application Application Rate Requirement 71% Min. 10% +/- 2% Min. 10% +/- 1% Min. 100% 90% min. 12 Months Min. < 8 hours 3,000 lb./acre Test Method ASTM D 2974 ASTM D 5338 ASTM D 6567 The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Fiber Retention On 28 -Mesh Screen Moisture Content Organic Matter Ash Content pH At 3% Consistency In Water Sterilized Weed -Free Non -Toxic To Plant Or Animal Life Requirement 40% 12% ± 2% 99.2% ± 0.2% 0.8% ± 0.2% 4.5-7.0 ± 0.5% Yes Yes Test Method Tyler Ro-Tap Method Total Air Dry Weight Basis Oven Dry Weight Basis Oven Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Molecular Weight Charge Density Non -Toxic to Plant or Animal Life Requirement 12x106 > 25% Yes (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: SP - 36 3 REVISION OF SECTION 213 MULCHING Property Ground Cover (%) Bio-degradability (%) Functional Longevity (months) Cure Time (hours) Cross -linked tackifier Requirement 95 100 9 month minimum 24-48 10% minimum Application Application Rate (lbs./Acre) 3000 Test Method ASTM 6567 ASTM 5338 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs. /Acre 300 lbs. /Acre 2000 gal. /Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 -degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydro -mulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at 3/4 speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Pay Item Pay Unit Mulching Acre END OF SECTION sP - 37 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: Section 216 SOIL RETENTION COVERING DESCRIPTION Subsection 216.01 shall include 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. MATERIALS Subsection 216.02 shall include the following: Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 -month functional longevity. Class 2 blanket shall be a long-term blanket with a typical 36 -month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. Blankets shall be sewn together on 1.50 inch to 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. SP - 38 2 REVISION OF SECTION 216 SOIL RETENTION COVERING 2. Soil Retention Blanket (Excelsior). Soil retention blanket (excelsior) blanket shall consist of a machine produced mat of 100% curled wood excelsior with 80 percent, 6 inch or longer fiber length. It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be on both sides of the blanket and shall be 1.5 pounds per 1000 square feet. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET- PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Minimum Roll Width Minimum Thickness ASTM D 6525 Acceptable Matrix Fill Material Min. Mass per Unit Area ASTM D 6475 Size of Net Opening Photo- degradable Bio- degradable 1 1 6.5' 6.5' 0.25" 0.25" Straw/Coconut Excelsior 8 oz./sy 8 oz./sy Minimum: 0.50"x0.50" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Minimum: 0.50"x0.50" Maximum: 0.5"x1.0" NONE Maximum: 1.0"x2.0" 2 6.5' 0.20" Coconut Fibers 8oz/sy Minimum: 0.50" x0.5" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Maximum: 0.5"x1.0" SP - 39 3 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application Permissible Shear Stress2 (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 1 < 0.10@3:1 2.00 lbs./sf 100 lbs./ft 2 < 0.10@3:1 2.25 lbs./sf 125 lbs./ft Notes: 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h: v) to ratio of soil loss from unprotected (control) plot in large- scale testing. 2 Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as 1/2 inch of soil loss during a 30 -minute flow event in large scale testing. Blankets shall be tested for physical properties and have published data from a pre -approved independent testing facility. Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed by a pre -approved independent testing facility. 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. Table 216-3 PHYSICAL REQUIREMENTS FOR TURF REINFORCEMENT MAT Tensile Strength (Grab) Elongation Wide Width Tensile Wide Width Elongation Wide Width Tensile 5% Strain CBR Puncture Trapezoidal Tear ASTM D-4632 ASTM D-4632 ASTM D-4595 ASTM D-4595 ASTM D-4595 ASTM D-6241 ASTM D-4533 450 x 350 lbs. 15% 3600 x 3240 lbs. 8% 1356 lbs /ft 1200 lbs. 130 Ibs, 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. SP - 40 4 REVISION OF SECTION 216 SOIL RETENTION COVERING TRMs shall be tested for physical properties and have published data from a pre -approved independent testing facility. Large scale testing of Permissible Shear Stress will be performed by a pre -approved independent testing facility. A sample of the staples and a copy of the manufacturer's product data showing that the TRMs shall resist velocities of 18 ft./sec. or more, shall have a tensile strength (grab) per ASTM D-6818 450 x 350 lb./ft. minimum, (see table 216-3). (b) Staples. Staples shall be made of 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. CONSTRUCTION REQUIREMENTS Subsection 216.03 shall include the following: The Contractor shall install soil retention coverings using the following procedure: 1 Prepare a stable and firm soil surface free of rocks, weeds, clods, roots, sticks, rivulets, gullies, and other obstructions. 2. Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. 3. Place seed in accordance with the Contract. 4. Unroll the covering parallel to the primary direction of flow. 5. Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. 6. Do not stretch the material or allow it to bridge over surface inconsistencies. 7. Staple the covering to the soil such that each staple is flush with the underlying soil. 5 REVISION OF SECTION 216 SOIL RETENTION COVERING 8. Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. If filling a TRM with soil, the Contractor shall: 1. Place 3 inches of topsoil or soil amended with soil conditioning. 2. Apply seed and rake into soil. SP - 41 3. Install TRM 4. Place 0.5 inch to 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. 5. Apply seed and rake into soil. 6. Install soil retention blanket (Class 1) over the seeded area and TRM. When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil. 216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled at 1 foot on center. There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering. Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be applied on the slope every 35 feet. Each staple check shall consist of two rows of staggered staples. The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled. If a slope runs into a receiving water or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application: Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall be brought back over the trench and stapled. SP - 42 6 REVISION OF SECTION 216 SOIL RETENTION COVERING Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall be anchored every 30 feet with a check slot. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering. METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface. Allowance will not be made for overlap. BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item Soil Retention Blanket (Straw/Coconut) Turf Reinforcement Mat Pay Unit Square Yard Square Yard Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212. END OF SECTION sP - 43 1 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for the project as follows: Subsection 304.01 shall be revised to include the following: Aggregate Base Course This item consists of placing suitable fill material in areas directed by the Inspector. The placement, compaction, and grading of the stabilization material shall have compaction testing done by the contractor in areas directed by the Inspector. Fill material shall be placed in uniform lifts not to exceed six (6) inches. Subsections 304.02 and 703.03 shall include the following: Base Course. All material used for subgrade stabilization shall be CDOT Class 6 Aggregate Base Course, unless otherwise approved by the Project Manager or Inspector. Aggregate Base Course (Class 6) shall have a resilient modulus of at least (R = 69) when tested by the Hveem Stabilometer method. Subsection 304.04 (CONSTRUCTION REQUIREMENTS) shall be revised to include the following: General. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work directed by the County and specified herein. All machinery and equipment shall be of size to meet the requirements of the work in a satisfactory manner. All work performed by the Contractor shall be subject to the inspection and approval of the Project Manager and Inspector. Aggregate Base Course (Special) (Crushed Concrete) This item consists of placing suitable fill material in areas directed by the Inspector. The placement, compaction, and grading of the stabilization material shall have compaction testing done by the contractor in areas directed by the Inspector. Fill material shall be placed in uniform lifts not to exceed six (6) inches. Subsections 304.02 and 703.03 shall include the following: Base Course. All material used for subgrade stabilization shall be CDOT Class 6 Aggregate Base Course, unless otherwise approved by the Project Manager or Inspector. Aggregate Base Course (Class 6) shall have a resilient modulus of at least (R = 69) when tested by the Hveem Stabilometer method. Subsection 304.04 (CONSTRUCTION REQUIREMENTS) shall be revised to include the following: General. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work directed by the County and specified herein. All machinery and equipment shall be of size to meet the requirements of the work in a satisfactory manner. All work performed by the Contractor shall be subject to the inspection and approval of the Project Manager and Inspector. Pay Item Pay Unit Aggregate Base Course (Class 6) TON Aggregate Base Course (Special) (Crushed Concrete) TON END OF SECTION SP - 44 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.01 shall be revised to include the following: Asphalt Paving This item shall consist of subgrade preparation and asphalt paving as directed by the Project Manager or Inspector. The Hot Bituminous Asphalt Paving item will be utilized to accommodate grade changes, Sidewalk, Concrete Pan tie-ins or other areas identified by the Inspector that require asphalt paving. The estimated paving dimensions will be as shown on the plans, the actual paving limits will be determined by the Project Manager or Inspector. All work under this item shall be in accordance with Section 403 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, dated 2011 and these specifications. Subsection 403.02 shall be revised to include the following: Hot Bituminous Asphalt. Hot Bituminous Asphalt used for Paving shall be Grade S and meet the requirements of Section 403 of the Standard Specifications. Subsection 403.03 (CONSTRUCTION REQUIREMENTS) shall be revised to include the following: General. The Contractor shall furnish all labor, materials and services necessary for, and incidental to, the completion of all work directed by the County and specified herein. All machinery and equipment shall be of size to meet the requirements of the work in a satisfactory manner. All work performed by the Contractor shall be subject to the inspection and approval of the Project Manager and Inspector. Subgrade Preparation. Removal of loose material and compaction of the subgrade shall be completed prior to the placement of any asphalt mix (covered in 203) Asphalt Paving. All exposed faces shall be given an application of bituminous tack coat. The minimum thickness for the asphalt paving shall be (6.0) inches and shall be placed in uniform lifts not to exceed three (3) inches in thickness. The Hot Mix Asphalt mixture shall be thoroughly compacted after placement. Compaction of the bottom lift shall be accomplished with a flat plate vibratory compactor, hand tampers or other approved means. The top lift of asphalt shall be compacted with a vibratory steel drum roller. The size of the roller, or flat plate vibratory compactor, shall be sufficient to obtain the required density per the approved mix design. METHOD OF MEASUREMENT The quantity of HOT MIX ASPHALT to be paid for shall be the number of tons placed in accordance with these specifications. BASIS OF PAYMENT Payment will be made at the unit price per ton for HOT MIX ASPHALT completed and accepted in place by the Inspector. This price shall be full compensation for furnishing all materials, labor, equipment, tools and for all preparation, excavation, and placing of materials for asphalt paving. Pay Item Hot Mix Asphalt (patching) (PG 64-22) (Grade S) (100) END OF SECTION SP - 45 Pay Unit Tons REVISION OF SECTIONS 420 AND 712 GEOTEXTILE SEPARATOR Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.07 shall include the following: 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. Seeding shall be done using a Native Grass Drill. Subsection 420.09 shall include the following: Geotextile (Separator) will be measured in place by the square yard of surface area, completed and accepted. Subsection 420.10 shall include the following: This item shall be included in the cost (subsidiary) of the riprap pay item. Section 712 of the Standard Specifications is hereby revised for this project as follows: Subsection 712.08 shall include the following: Delete paragraphs 3 and 4 and insert the following: Geotextile (Separator) shall meet the following requirements. Table 712-3 Mechanical Properties Test Method Unit Minimum Average Roll Value MD CD Grab Tensile Strength ASTM D4632 lbs 400 335 Grab Tensile Elongation ASTM D4632 % 20 15 Trapezoid Tear Strength ASTM D4533 lbs 145 125 CBR Puncture Strength ASTM D6241 lbs 1250 Minimum Roll Value Percent Open Area COE-02215 °/ci 8 Permittivity ASTM D4491 sec 1 1.5 Flow Rate ASTM D4491 gal/min/ft2 115 Maximum Opening Size Apparent Opening Size (AOS) ASTM D4751 U.S. Sieve 30 Minimum Test Value UV Resistance (at 500 hours) ASTM D4355 % strength retained 90 END OF SECTION SP - 46 1 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for the project as follows: In subsection 506.02, add the following: RIPRAP (Special) The Contractor shall supply Riprap Type H (d50 = 18"). Prior to delivering this material to the jobsite, the Contractor shall supply laboratory testing data from the supplier, for approval by the Project Inspector. Riprap shall be installed at the west bridge abutment as shown on "Site Grading" (sheet 8) of the plans. Riprap placement will be per "Soil Riprap" detail shown as a "Typical Section" on (sheet 6) of the plans. The Bedding Filter Material (Class B) as shown on the plans and specified in section 206, shall be considered subsidiary to the Riprap pay item. Prior to delivering this material to the jobsite, the Contractor shall supply laboratory testing data from the supplier, for approval by the Project Inspector. RIPRAP (Bendway Weirs) Bendway Weirs shall be installed along the east river bank as shown on "Site Grading" (sheet 7) of the plans. Bendway Weir placement will be per detail shown as a "Typical Section" on (sheet 5) of the plans. In order to construct these structures, it is likely that the Contractor will need to maintain flow in the channel. Diverting flows in the Channel shall be included as part of the RIPRAP SPECIAL pay item. Subsection 506.02 shall include the following: A Class 2 Geotextile or equivalent shall be an acceptable geosynthetic product for this work. Geotextile (Reinforcement) shall meet the requirements of subsection 712.08, including Table 712-3. Pay Item Riprap (Special) Riprap (Bendway Weirs) END OF SECTION sP - 47 Pay Unit Cubic Yards Cubic Yards REVISION OF SECTION 620 FIELD FACILITIES Section 620 of the Standard Specifications is hereby revised for this project as follows: Subsection 620.02 shall include the following: 620.02 shall include internet and water. 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 connection are preferred, however cellular is acceptable if speed and signal strength requirements are met. If reliable 4G cellular data is not available, cellular 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 >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. Field office shall be set up at the start of construction. Start of construction shall be anything other than mobilization and surveying. Field office shall stay on site until final acceptance is given by the county. If field office is not set up at the start of construction %5 will be deducted from the lump sum bid amount for each day is does not work. Field office shall be picked up at 1111 H street, Greeley Colorado and returned to 1111 H street Greeley Colorado. Field Office shall be leveled out and tied down once returned. Pay Item Pay Unit Field Office EACH END OF SECTION SP - 48 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: Subsection 625.04 shall include the following: Contractor's surveyor must establish survey control points on both sides of WCR 54 prior to 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 must stake out all Right Of Way corners 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. Pay Item Pay Unit Surveying Lump Sum END OF SECTION sP - 49 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall include the following: 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) and/or Permanent Construction Easements for working on the projects. 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 of 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 Subsection 626.01 shall include the following: Payment will be made under: Pay Item Mobilization Pay Unit Lump Sum END OF SECTION SP - 50 1 REVISION OF SECTION 630 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 consists of providing road closure during the patch repair and TRM placement: installing appropriate road closure and detour signs, installing and maintaining adequate road barriers, furnishing, operating, and maintaining a portable message sign panel and coordinating entry and exit of vehicles into the work area. This road closure shall only be a maximum of 5 days, any additional days and time shall be subsidiary to the work item 630 and all cost shall be paid by the Contractor. The Contractor shall submit a traffic control plan to the County two weeks in advance of the road closure 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. A right of way permit shall be obtained before construction. 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, stop 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, SP - 51 moving arrows, etc. Each sign shall also conform to the following: 2 REVISION OF SECTION 630 TRAFFIC CONTROL (I) 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 7 days before closure begins. What the message board will say will be provided by TCS. 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. The contractor is required to provide all information and submittals for this traffic control as detailed in the project specifications. Including signage for alternate detour route. Subsection 630.16 shall include the following: Payment for the traffic control shall include all materials and labor necessary to provide traffic control during construction of the area within the limits of the project detour. The contractor shall be responsible for the operation and maintenance of these traffic control elements for the duration of the time that they are necessary. Message boards are not paid for separately, shall be subsidiary to item 630. BASIS OF PAYMENT Payment will be made under: Pay Item Traffic Control Flagging Traffic Control Supervisor Traffic Control Inspection SP - 52 Pav Unit Lump Sum Hour Day Day 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. Special Traffic Control Plan requirements for this project are as follows: 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. 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. END OF SECTION SP - 53 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. Force Account Item F/A Minor Contract Revisions F/A Erosion Control F/A Fuel Cost Adjustment Estimated Quantity 1 1 1 Amount $35,000 $5,000 $1,000 F/A Minor Contract Revisions - This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this contract. F/A Erosion Control - This work consists of minor erosion control work authorized and approved by the Engineer which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this contract. F/A Fuel Cost Adjustment - As per CDOT Specifications for Road and Bridge Construction. END OF SECTION SP - 54 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. 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. Known utilities within the limits of this project are: UTILITY CONTACT UST UT}LITY CONTACT INFORMATION ELECTRIC POUDRE VALLEY REA, BRYANT PANCRAC 7549 REA PKWY FORT COLLINS, CO 80256 ELECTRIC XCEL ENERGY, TERRY STENCEL 1500 8TH AYE OREELEY, CO 80632 PHONE dt FIBER CENTURY LINK (QWEST), CARSON CRTEGA 2505 1ST AVE GREELEY, CO 80631 FIRER U.S. SPRINT/ERICSSON SERVICES. NICK MULLER BOO° E, DIJINCY AVE. STE 600E DENVER, CO 80237 WATER CENTRAL WELD WATER 01STRICT. STAN LINKER 2235 2ND AVE GREaEY. CO 5O53-1 PHONE/EMAIL (970) 282-$433 BPANGRACOPVREA.COM (970) 395-1207 TERRY.STENCELexCELENERGY.COM (970) 392-4B37 C ARSON.O R TEGrA©W EST.C OM (300) 949-3540 NICK.J.MULLEROSPRINTC0M (970) 352-1234 STANOCWCA'p.COM SP - 55 June 09, 2017 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES COLORADO HIGHWAY CONSTRUCTION GENERAL DECISION NUMBER - CO170024 NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions, unless such use is first approved by the Standards and Specification Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all federal -aid projects with contracts exceeding $2000, except for non-ARRA projects on roadways classified as local roads or rural minor collectors, which are exempt. Projects on local roads, rural minor collectors, and enhancement projects funded with ARRA funds are not exempt. -1- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-09-17 IIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO 170024 Decision Nos. CO170024 dated January 06, 2017 supersedes Modifications ID Decision Nos. CO160024 dated January 08, 2016. MOD Number Date Pie Numher(g 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. 1 06-09-17 I 1 General Decision No. CO 170024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO 170024 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 1 1 1 1714 1715 Smaller than Watson 2500 and similar 27.60 27.92 10.10 10.10 Watson 2500 similar or larger Oiler 1716 Weld 26.84 10.10 General Decision No. CO170024 The wage and fringe benefits listed below do not reflect collectiveh bargained rates. CARPENTER: 1717 Excludes Form Work Form Work Only 20.72 5.34 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 I 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 -2- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024 DATE 06-09-17 General Decision No. CO170024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last FENCE ERECTOR: 1725 Weld 17A6 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 1729 Weld 14.66 3.21 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 1731 Structural (Excludes Guardrail Installation) Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 1734 1735 1736 1737 1738 1739 Weld Asphalt Shoveler Asphalt Spreader Common or General Concrete Saw (Hand Held) Landscape and Irrigation Mason Tender - Cement/Concrete 16.72 4.25 21.21 4.25 18.58 16.29 16.29 12.26 16.29 4.65 4.25 6.14 3.16 4.25 Pipelayer 1740 1741 1742 Larimer Mesa, Weld Traffic Control (Flagger) 17.27 16.23 9.55 3.83 3.36 3.05 -3- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024 DATE 06-09-17 General Decision No. CO170 24 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ILABORER (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 1746 1747 1748 1749 1750 Larimer Mesa, Weld 26.75 5.39 23.93 7.72 Asphalt Paver Asphalt Roller Larimer Mesa Weld Asphalt Spreader 21.50 3.50 23.57 24.25 27.23 3.50 3.50 150 1751 Larimer 25.88 6.80 1752 Mesa, Weld Backhoe/Trackhoe 1753 Larimer 1754 Mesa 1755 Weld Bobcat/Skid Loader 1756 Larimer 1757 Mesa, Weld 2166 21.46 19.81 20.98 17.13 15.37 7.36 4.85 6.34 6.33 4A6 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 1760 Mesa 1761 Weld 2155 23.38 6.20 6.58 23.23 6.89 -4- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-09-17 IIGHWAY CONSTRUCTION GENERAL DECISION NUMBER - CO170024 General Decision No. CO170024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): 1762 Bulldozer Larimer, Weld 22.05 22.67 2635 6.23 1763 Mesa Crane 8.72 6.16 1764 1765 1766 1767 1768 1769 1770 Drill Larimer, Weld 31.39 0.00 Mesa Forklift 35.06 0.00 15.91 4.68 Grader/Blade Larimer Mesa Weld 24.82 23.42 24.53 5.75 9.22 6.15 4.41 1771 Guardrail/Post Driver 16.07 1772 Loader (Front End) 1773 1774 Larimer 20.45 3.50 Mesa 22.44 9.22 1775 Weld 23.92 6.67 N Mechanic 4.57 5.38 5.68 8.35 1776 Larimer 27.68 25.50 24.67 24.16 1777 Mesa Weld 1778 Oiler 1779 Larimer 1780 VRoller/Compactor 1781 Mesa (Dirt and Grade Compaction) Larimer Mesa, Weld 23.93 23.67 21.33 9.22 8.22 6.99 1782 -5 - US. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-09-17 IIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024 General Decision No. CO170024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (can't.): Rotom ill 1783 1784 Larimer Weld Scraper 18.59 16.22 4.41 4.41 1785 Larimer 2L33 3.50 1786 Mesa 24.06 30.14 27.20 27.24 27.95 4.13 1787 Weld L40 ` Screed 1788 Larimer 5.52 5.04 3.50 2.95 1789 Mesa I1790 i 1791 Weld Tractor 13.13 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor I1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 18.86 15.27 15.27 3.50 4.28 5.27 1798 Larimer 1799 Mesa 1800 Weld -6- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-09-17 IIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024 General Decision No. CO 170024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 1802 1803 Larimer 18.96 5.30 Mesa, Weld Mechanic 18.84 5.17 26.48 16.65 16.87 13.93 18.39 12.43 3.50 5.46 5.56 3.68 4.13 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa t 1805 Weld 1806 Pickup and Pilot Car 1807 Semi/Trailer Truck 1808 Truck Mounted Attenuator 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)(l)(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. -7- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024 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 DATE 06-09-17 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 fill 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 fmal. END OF GENERAL DECISION NO. CO170024 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS II. III. IV. V. VI. VII. VIII. IX. X. XI. General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements 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 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 I 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. 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 1 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. 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 insure 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 2 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 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 contractors 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. 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 3 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 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, 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 4 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 tide 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 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.goviesatwhdiforms/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; (iii) 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. 5 (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, 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. 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 3D. 6 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skit 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. 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. 7 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 T his 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 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 T his 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: 8 "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. 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 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 (htlps'Pwwwepls_ycv/), which is compiled by the General Services Administration. 9 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: (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 (htlns://wwv.enls.aov/), 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 this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension andlor 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. XI. 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 art 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. 11 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 Aet 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 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 wit 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. 12 218 TURF REINFORCEMENT MAT (CLASS 3) SY 900 $ $ 304 AGGREGATE BASE COURSE (CLASS 6) (contingency) TON 30 $ $ 304 AGGREGATE BASE (CLASS 8) (SPECIAL) (contingency) TON 100 $ $ 420 GEOTEXTILE(DRAIANGE)(CLASS3) SY 520 $ $ 506 RIP RAP (18") CY 300 $ $ 508 RIP RAP (18") (SPECIAL) CY 504 $ $ 820 SANITARY FACILITY LS 1 $ $ 620 FIELD FACILITIES LS 1 $ $ 625 CONSTRUCTION SURVEYING LS 1 $ $ 626 MOBILIZATION LS 1 $ $ 827 EPDXY PAVEMANT MARKING (contingency) GAL 02 $ $ 830 TRAFFIC CONTROL LS 1 $ $ 630 FLAGGING HR 280 $ S 830 TRAFFIC CONTROL INSPECTION DAY 35 $ $ 830 TRAFFIC CONTROL MANAGEMENT DAY 10 $ $ 826 MOBILIZATION LS 1 $ $ 700 F/A EROSION CONTROL F/A 1 Five Thousand Dollars $ 5,000.00 $ 5,000.00 700 F/A MINOR CONTRACT ADJUSTMENTS FIA 1 Nine Thousand DoNars $ 9,000.00 $ 9,000.00 S--2 17TING GPM,. 1 FL,E „PE H J3] 15 - IL PPRAP PEP. IDR1,21N4 D, i OP IF THE SITE C.CHT4 N7 RIFF:101,LN P1.4..P O N.REN.S 12 OF r DUMPED CONCRETE RUFFLE IN �' 1s ONNCRETEEIIEE_E H U , ME DI POSE OF PPGFEPY TED FL_ .'' �r5 a~�a~' ��- 2 CH NNE E 16 NK IENr L FE H -L EE I2 GF T P_O. GP -OED T IN,iE INED ExI rNG A6lli` PEP. NOTE ,L1.1 N THE - � � r EE4 GN 1EN N FLP E..,H ATE . 6 -�p�0 0 0��. N u. `,1EPNII O'h 'h 4rER4 1 d i—,aaa' DII 2C1 P4Ci ?U6?P_4DE S,CKF _L TD N_r LE TH, g5 FEP ENT OF O `I=X1 m 1 EP .1.121, IN SECTION A -A TYPICAL A BENDWAY WEIR CROSS B SECTION Jcg �C P PP4P 1 1 x. 2LCPE \ - OPDPN E' ITH. HTO i ]9. SF VCINS OR 1L, F1CAT THEREF-.i Nori -.LE Nei r--�_.LE EXTEND GEOTEXTIF WEIR 1 WEIR 2 WEIR 3 NOTE. _ r 1 IIN. PE UNTEPINI SURF,. ELEV,I iION EL' .� E TEXrILE H. LBE L- POINT ELEVATION POINT ELEVN.TIDN PO NT ELE,TION ONrR. Ci R H L F ELE VERIFY E%I .4G EMINLINE O -.r1-NAND ¢ CT,' E%1 rING_H NNE ELE':.TIONE 6 `6 .. F E, ,EPIF7 F E_G .EP. F .. E_L, .EPIF PP OR r_CON rRU-T1ON SNOT S'FrANDN.RD Ex sr1N-Gr rIND ci FRECIFIC,IDN7 WEIR 4 WEIR WEIR Pu r N AND rEsrEDIr-N', r SECTION B -B POINT ELEVATION POINT ELEVN.TIDN PO NT ELEV.NTION NOr i-S-ALE FIE, ,EPIF ., FEG IF, FIE,.EPIF SOIL RIPRAP CHANNEL BANK LINING DETAIL THE AFPROxI`,1ATE-RDINARN HI_H'� 1ArER MARK IOH'lf `,II E_E`:Fr ON'�1AE `,1 EA 2ll RED IN THE F ELL,. 1 PR `AE.-Ai--i,-K-0Ai 6Er'�1 EENLFrE 3'IGRAD NG Ej1].])IFG L}., - UREEECL;E P3 SE SOIL RIPRAP INSTALLATION NOTES (ADAPTED FROM UDFCD) 1 MIX THIRTY FIVE PERCENT 3i'.:„ EO L EYVO.H`AE'(l TH Er_-KFILED R FRAF. U2ING PRIMECO,i T,C1N =-4i PET,NEEN _IFT2 ,reu.,ruPE s. ..KF _LIa.,,, F Li E" TUPENGRPR.4FE FD L F L_S THE NHEPEHTVCINS LATHE P.IPP-P„ „ID, 2 P AYE F - HEN 1 4EP -J,]iH E3=.i r ERADIH2 3,1100) PS 64.22! LNPGELN N. FL ING,G D� .,NE.CE THE TOP PES,RY„ rH 5,1,L EP PL4NrEEERIPP-.P oPG rEP ASPHALT PATCH NOTES _ ,42 — ,'=.G-PEG-rE 4 -Ea E..IIIF.IENT DR HASKHOE COHSC2EINTEP.67LN.RGKING CONTRACTOR " ' ^ "efrer. _ Ol1REEI-.PEE 1SEVeteiretilt PE.YC ED.,..N..ETE _ `VIBR,TOPY P Nr KEr i6-RESH,TE LLTIE DETERMINED6 THE .,'ON1E FRIDGE DURINGREFL;_E`AENru-F ..ETNA_r FPr_H-CNETRUCINCN t_TI`:ITIEE iPU.,rUPE PACK. F LIFLOIf -FI_Li VI efeleire FEDND x 4 L , .14 L...Dv FL E HSCIL -CON.EP IONS. 1 GI 13 rON 1 rE6 .. SE COURSE LASS FNSFEC - T SF AGG. LAS PE_N_LED_-N_RETE S oO J. �lT,-y5Efjh.1 ,t T rOFE-L_IISED IN SO R PR, SH,L.EENC_uDED IN THE --Er OF SO RIPR;P AND n L_LNor NOT. Pae FOPEEPSP,re_r SECTION TYPE1 SECTION TYPE 2 6" HOT MIX ASPHALT (PATCHING)(ASPHALT) 6" HOT MIX ASPHALT (PATCH NG(IASPHALT} .1 E 12 NCH. OF rOPEO L ,B,VE. RIFRPP sH,L_ FE .4, F ED auD PAID FOR N CUB, ,REE,E rOPEOL WITH 4" AGGREGATE BASE COURSE (CLASS 6) AND WITH 4" AGGREGATE BASE COURSE 12" AGGREGATE BASE COURSE (CLASS 6)ISPEC AL) 36"AGGREGATE BASE COURSE iCLASS •-.I [.-q:., '3 ,y is, 'I, -. Oww k (CLASS 5) AND ' R ,- ., 6}(SPECIAL) gj "F• `••"'C�� NCrTOS-P.E NOrLC..,LE '�G Fri I.F. A",...,,, Px ( ) 0 Sheet R-visi-ns -,. • As Constructed WELD COUNTY FLOOD BRIDGE 5413A TYPICAL SECTIONS RECOVERY- REPAIRS Project No.i G -de RIN No I. T'1" ' Da:� -„�,��,., hrWl. ER C03Q06B L,. -,a_. E. aIS-,aIN NrE P ,�. D,.,y �� ,. ed EP,i II-. 26481 �Huston E .1 r ED;, N ., El BR,i13. ' . ,a - - - Nu n,a, 6 _u:,.. . GENERA_ ,I,..,-, r --I v 1 VMS � ICONTRACTOR SWILL COORDINATE WITH 4:.! I I COUNTY T]FN'TEFSeeIEMESSACQE Ftl7 ...TABLE ASSASAGE SIGN. W'a1 2I xa5' 4r L1 _•Name _ CFA Name ...r veissacir. NT$ Huston M4 -I ILI '5'044(2 1Tx24• 315x24• O O CR qi M4IS ILI 45' K15' fi oN M4.151T 49x15' BARRICADE (TYPE 3 NI -B) - MCP TO SCALE COOT TYPE CMAELESSIDS SEE COOT AATAJ CARD DRAWNB S-SSp.2 FOR ACOTI0NAL INFORMATION EON USAGE AND PLACEMENTS APPROXIMATE ANDS FROVICED FOR INFORMATION ONLY. THE CONTRACTOR SHALL ABIDE BY ALL LOOM, STATE AND FEDERAL TRAFFIC SAFETY OUICEL INES. INCLUDING SLIT NOT LIMREOTONELDCOUNfY.COOT ANOMUTCD TIE CONTRACTOR ROIL SURAIT A TRAFFIC Cb4T :A PUNTOSS 0CCUNTY AND COOT FOR APPROVAL PRIOR TO CONSTRICTION SN -� DRISIIND ARIMMAY — — EKISIINBRAILROAD LL LWNSTR, . TRAFFIC CONTROLS. TYPESA NOS TOS▪ CALE IM OVABLE-SFLESNICE4 Sheet ReSsIons As Consinlcted No RAM! hair WELD COUNTY FLOOD RECOVERY - BRIDGE 54113A REPAIRS CONSTRUCTION TRAFFIC CONTROL PLAN Ed NoJCode RMAN--�fasKer: NL swnure CL-ER51-19A DeolNe EON 1j15 4 EM -B&4 -IPA ▪ — VMS [SFAS 'TRAFFIC CONTROL ;SIlls! CTC.I III IShed North" C(NE71TOE BOIL BF STEM TO E® POSTS VOX THREE OA WE STARES PER POST. suites sou of Si" ® POST SMAL E I4'r711/' FOINA. ENQ S IiQN T, &_ kM _VJEWl OEDOI(TLE OMEL E FO.EO NOW TIRO POSTS OE 111110MIEQ0E MIME TO POST PM1TN WEE STARES DMA COMTE! EECT10N A NCI I jI0N DETAIL (PLAN VIEW) POD OOIEOI U AVOW EMI POST OE FOOL TIIBL SEOOE 0 0EST0E TO POST 01111 TIME SOFAS NOWY. POSTS MOLL ID JIMMY 0101112 01TN NO MPS 10 PEYPMT KIWI& FT01-11EOOd Or ODSNOIT AT EMT. ISQUETRIC VIEW SILT FENCE 9P_PLICATION 1. AT WE SAL NO[ A WAWA IWA6E MCA IT OE-04WTER Ico POI 010 FEET IT HT FOOD LEWD% WILLED SLIDE LE11610 DEMO OMR1ER IS 100 FEET;MIDIAI CRA®IT CIIOQ THE BANGER OS 0A. 7. SILT FENCE BED AT TOE OF B. € SHALL IE PLACE') 5 TOW FEET KM TLC OF SUN 70 PRINCE STORAGE CKAO71. 7. SILT FENCE 0NAL AE PLACID ON THE COIL@E4011N EROS FUSED 0P EME. SAT F55 SWIM A -A TOE OF SLOPE PROTECTION WELD COUNTY FLOOD RECOVERY - BRIDGE 54/13A REPAIRS Project No)Code I eve; Full Pe, ermlrq FM, Nem: ANICAOlltrtarY Sul — Jul POE Index of Revisions Comm.'s. WELD COUNTY As Constructed FuaucvrcRR1F�DEPa�IaENr 111 Mar"' OR � Ht EELLPL. lea E T%MIR No flatiron: EROSION DETAILS {SHEET T I veat Snmt Sue.: soar Surat: PR COsoaee EIMER101114 snwr number 10 TYPICAL STAPLE OR EARTH ANCHOR PATTERN FOR SLOPE APPLICATION 7 EOM NIXES OK NOT SPEWED RR 1111 PUNY Air SORES SNAIL It US®. SEE 06fft110M NNDA 1000 WANE= PLATE TOM NERON 1►16 OAEp-LOCREI MITES EE EEISANGLEIE PASTES 1. EARN AMPAEEB BILL SE USED 76700 OF STORES NAN PEERED d TIE RUNS. P. EMI SIULL 00 PAM FEE SEPERATLr AS STEWED IN =MP SIE 93L11 " /6 n '" SP.AL 0.4.E1 /11P.E SUBJ. IrOE. T. TO FIE PLACED AB01TNC ROADWAY. A RONMATELT I' BELOW RO9OWAT SURFACE 01,11 SAID A'1} All fLOIILO mASRITIEES lIMO ID NPRRJO C0P6TO SAL IEIM B:NIO.T j46lt O9OWAT COIPNnED SOR RroB.L LOCH NICHE SANE OAIHHT 1106E Inc. CTTP T 10 SEWED AT 11E UPSIAPE AND MONROPE ELMS DE RLMEET ACROSS 116 DOPE W121N r SIDS muss RIPE su61110 EL01'llls warm M0 MIONLEFE so STAPLE CHEW. N NSTO MIT SO. OPOS1.13 ACF rem, PAIT SSILEILLE.2-7BM_ABPT Fr111IPA . RETENTION BLANKETS/TURF REINFORCEMENT MATS CTRL° SLOPE APPLICATION I. RALE 39 MM.= IKON NMI } SOL SIOSSYSIC NRS MAO MIL I. NO.. x REIMS w. iRIM ISM WILT SO LIK WO FOL. 11Fl® rtM 0O1➢Ae L N. SO RILD,. aMLET •LOI B. 119111 TREENT III ACCORDANCE NIH SECTIN SI6. E'EINCFCUTIVF_ I.L EllJEBLAQ,® 111 NE USED ML]ITt2 ME ILL I NJIEr 1165 W NO1160 IMPS WITH TIE VTOL L*OT PLR® ON EP OF 1111 M001 0 El OONIE61. SFE. r TDN VAMP STAPLE CHECKS STORE LP DE. OP 001111 '10001 STORE NR UM MINOR 01161 TERMINATION li_eidaMa1) 5100E Ps) CAPE ENO STAPLE CHECK TO BE IMO NEE RIPE INS NN A RECEIVING MfIFE NO CEP6T BC EEIEORAS 3 FEEL E1VD MOPE. Capons0 Computer File Information SIMI.0 _ _ 0061 -. PIP.k ONweR 1IH Rem. AuncILVenem _ Bak — Ulk Ena.n Index of Revisions SIAN COSMLnu_ WELD COUNTY As Constructed PINLI ,WOHLR OREPARIMENT ONEl�9ml °3 �SPw° NORaaas 41.16€: YEA - WELD COUNTY FLOOD RECOVERY - BRIDGE 54/13A REPAIRS EROSION DETAILS SHEET 2y Ynl' FMtEIr NMMesNK 'emulous Protect No./Code EA m3111P Are NEINA, IT N II " QHiIsiN1rP I� 1.pp ,101 F1' PROVIDE 26" HIGH CONES Y120..ff/ TO DELINEATE THE LANE Yr[0.le L WIS'I 1N20-1 I CLOSURE TAPER200. THIS TAPER MUST BE SHORT p. M, IN , Am ENOUGH TO NOT BE MISTAKEN — -IIIIT' \ FORATRANSTTION - _� p � FLAGGER +Nf r• • • FLAMER 246 040P.'13'+X1gG-0G`3r�1.YlLKN MG -346 AkpnutTF[r it75 50. MN_540 14d MAN _ _ - PAP /WORK20NE, TURF _ WE REINFORCEMENT INSTALLATION N v•— THISTAPER MUST HE SHCRT '•' 1W- O' , .2R FT ENOUGH TO NROTRE MISTAKENPU PUNTED FORA TRANSITION 1Ms61 "P} 51K. 4. W3C'-4 W20-Te t"— -( TRAFFIC CONTROL PLAN NOT TO SCALE GENERAL NOTES: 1. INFORMATIONSHO ON THIS SHEET IS FOR REFERENCECA&Y. CONTRACTOR TO SUBMIT TRAFFIC CONTROL QUANTITIES A CONSTRUCTION TRAFFIC CONTROL PLAN TO IRMO COUNTY TRAFFIC BECTON FOR APPROVAL. • ITEM NO. SIGN CODE LEGEND QUANTITY UNITS 2. PLACE ALL SIGNS PER COOT AND MANUAL ON UNIFORM TRAFFIC DEVICES (MUTCD) LATEST REVSION. 630 520—I ROAD CONSTRUCTION — 1500 FT 2 EACH 3. TWO (2) FLAGGERSWILL BE REQUIRED PER DAY. PROVIDE A TRAFFIC CONTROL SUPERVISOR FOR . 630 52D -A I ONE LANE ROAD —'1000 FT I 2 EACH RELIEF CF FLAMERS AS NECESSARY. 9REfy+ �Q 7.1?._„Jf` ti 630 520-70 I FLAGCfA SYMBOL I 2 EACH A. CONDITIONS REPRESENTED ARE A PLANNED CLOSURE BEGINNING AT TAM AND ENDING AT 1PM. �C' fAir4,,,.'" 630 520-50 I BE PREPARED TO STOP I 2 EACH f V11-a�*"y B. SEE COOT DETAIL S-620-1 FOR ADDITIONAL TRAFFIC CONTROL DETAILS. Ll:•a 'l' *'a [ 630 I Cr HGH TRAFFIC CONES 30 EACH `� 610 FLAGGING I 150 HOURS - 1 j 610 TRAFFIC CONTROL INSPECTION I 5 DAYS 630 TRAFFIC CONTROL MANAGEMENT I 15 DAYS / NOTE: This is a sample plan, the quantities indicated are for information only. The contractor shall provide traffic control as needed, to be paid for as a lump sum bid item. Computer Rte InlormHff Index of Revisions WELD COUNTY -- As Constructed WELD COUNTY FLOOD RECOVERY - Project No./Code In.. - In. _ Dale: Gunmen.: SNIe II _ PLED. NCR DEPARTMENT 1151�>e NOR«lerone: BRIDGE 54/13ACO REPAIRS TRAFFIC CONTROL ER manaee LAIRA N.tlmbOsle: .. inuek, - RAP. 4S�Yya �F110FE: Jivgwman .... 6eeN�: ._ EM-IW WIIA w' _ '...17.• .eap ..Out p MNan: Bak — IMH:M1 FAN (M.).3124-6427 1yy: SMN Number is . I Sbe.LSueeal'- ISM. same PERMANENT FLOOD REPAIRS FOR EM -BR 54 - 13A (BIG THOMPSON RIVER Page 1 of 1 Bid Request No. B1700129 Weld County, Colorado ADDENDUM NUMBER TWO — December 1, 2017 TO CONTRACT DOCUMENTS AND SPECIFICATIONS The following shall be as fully a part of the above -named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal. CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS: • A statement made at the Pre -Bid meeting is being clarified as follows: Construction Survey work must be done by a Professional Land Surveyor (PLS) as required by CDOT standards. • A statement made at the Pre -Bid meeting is being clarified as follows: The Dewatering line item may also include pumping; the contractor shall obtain a State Dewatering Permit. See Dewatering Special Provision (attached). • A statement made at the Pre -Bid meeting is being clarified as follows: Removal under bridge can be used for CR 54 embankment once tested and approved. • The project Bid Schedule (Item 202, Removal of Asphalt Mat) on the 1st page of the Bid Schedule has been eliminated. See revised bid schedule (attached). • The project Bid Schedule (Item 202, Sawing Asphalt Material) on the Pt page of the Bid Schedule has been eliminated. See revised bid schedule (attached). • The project Bid Schedule (Item 203, Utility Pot Holing) on the 1st page of the Bid Schedule has been added. See revised bid schedule and Special Provision (attached). • The project Bid Schedule (Item 208, Silt Fence) on the 1st page of the Bid Schedule, the quantity has been reduced. See revised bid schedule (attached). • The project Bid Schedule (Item 208, Soil Berm) on the 1st page of the Bid Schedule has been added. See revised bid schedule and Plans (attached). • The project Bid Schedule (Item 208, Erosion Control Supervisor) on the 1st page of the Bid Schedule has been added. See revised bid schedule (attached). • The project Bid Schedule (Item 607, 48" Tall Fence (barbed wire with metal posts) on the 1St page of the Bid Schedule has been added. See revised bid schedule and Plans (attached). NOTE: Last Day for Questions is December 7th, at 5 pm. Richard White, P.E. Project Manager PERMANENT FLOOD REPAIRS FOR EM -BR 54 - 13A (BIG THOMPSON RIVER) Bid Request No. B1700129 Weld County, Colorado ADDENDUM NUMBER THREE - December 8, 2017 TO CONTRACT DOCUMENTS AND SPECIFICATIONS Page 1 of 2 The following shall be as fully a part of the above -named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal. CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS: 1. What is the size of the office trailer we need to transport to the site? Can it be transported with a pickup or do we need a semi? The office trailer is basically like the picture 12' wide and 54' long, with wheels. (see picture attached) 2. Why are two 626 Mobilization bid items on the bid schedule? There should only be one mobilization item. (see revised Bid Schedule attached), 3. The project documents (Section 211.03) states "Contractor shall submit a dewatering plan for review and approval 30 calendar days prior to implementation" This seems impossible within the current project window, since the entire project window is only 45 days. Especially since I doubt we can apply for the permit until the plan is approved, you are talking 45 days plus just to get the plan and permit? Please advise. We have changed the review and approval time to ten days. (see revised specification sheet attached) 4. Subsection 104.06 states "Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled out of the River and disposed of at a disposal site approved of by the Weld County Inspector." The quantity of excavation is around 1,200 yards (Bid items 203). i know we will reuse some at the site for the berm, backfilling some edges etc, but this still leaves a significant amount of haul off material. Where is your disposal site as this is a big costing item? W.C. Road Maintenance Supervisor will provide a place, within five miles of the site, for the material to be hauled to. 5. Bid item 201 is removal of debris. I assume we don't know how much there is? We get paid lump sum whether its 1 CY or 200 CY of debris? Seems this bid item should be based on yardage or tons since who knows what me may dig up during excavation work. Regarding the Bid Item (201, Removal of Debris) the unit has been changed to TON. (see revised Bid Schedule attached). 6. What is the quantity of the Class B. I didn't see it anywhere, although it states it is paid for in the "rip rap special" line item (Section 506.02). I assume it goes under the geotextile but a thickness is not called out on the plans. See tables 8-34 on the two Urban Drainage sheets (attached). 7. Does the County know how much clearance is below the bridge? Based on elevations shown on a consultant plan done previously, it appears that there is 13 feet from the roadway surface to the top of gravel under the west cell of the bridge. PERMANENT FLOOD REPAIRS FOR EM -BR 54 - 13A (BIG THOMPSON RIVER) Bid Request No. B1700129 Weld County, Colorado ADDENDUM NUMBER FOUR - DECEMBER 11, 2017 TO CONTRACT DOCUMENTS AND SPECIFICATIONS Page 1 of 1 The following shall be as fully a part of the above -named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of all Addendums in the place provided on the Bid Proposal. CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS: • The Bid Schedule attached to addendum # 3 is to be replaced with the Bid Schedule attached to this addendum. • The project Bid Schedule (Item 201, Removal of Debris) unit should be TON. Replace this page with the revised page (attached). • The project Bid Schedule (Item 208, Vehicle Tracking Pad), on the 2nd page of the Bid Schedule, the unit is changed to EA. Replace this page with the revised page (attached). • The project Bid Schedule (Item 626, Mobilization), on the 2nd page of the Bid Schedule has been eliminated. Replace this page with the revised page (attached). 7 iihard White, P.E, Project Manager PERMANENT FLOOD REPAIRS FOR EM -BR 54 - 13A (BIG THOMPSON RIVER) Bid Request No. B1700129 Weld County, Colorado ADDENDUM NUMBER FIVE - DECEMBER 13, 2017 TO CONTRACT DOCUMENTS AND SPECIFICATIONS Page 1 of 1 The following shall be as fully a part of the above -named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of all Addendums in the place provided on the Bid Proposal. CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS: • The Bid Schedule attached to addendum # 5 is to be replaced with the Bid Schedule attached to this addendum (dated 12-13-17). • Regarding the Bid Item (201, Removal of Debris) the unit has been changed to LS. (see revised Bid Schedule attached). • Regarding the Bid Item (211, Dewatering) the unit has been changed to LS. (see revised Bid Schedule attached). • The following issues are clarified as follows: I was just looking at the ADD#4 posted yesterday for the Permanent Flood Repairs project. I noticed that the Item Desc. for the TRM is Class 30. I'm sure it is a typo, and should read Class 3. • Yes, the TRM is to be Class (3). (see revised Bid Schedule attached). For the Unclassified Excavation the total is 235 CY,, however Bid Schedule shows 880 CY, can you please show or clarify where to find the rest of the Uncl. Exc.? • The quantities shown on the plans are for information only, the amount on the bid schedule is anticipated to be the quantity needed. NOTE: the date of the bid opening is now Tuesday, December 19th at 10 am. I icha d White, P.E. Project Manager ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT AC BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) $ TOTAL PRICE (DOLLARS) 201 CLEARING AND GRUBBING 0.4 $ 201 203 REMOVAL OF DEBRIS LS UTILITY POTHOLING HRS 16 $ $ 203 I UNCLASSIFIED EXCAVATION CY B80 $ $ 203 MUCK EXCAVATION CY 330 _ $ $ - I 208 STRUCTURE BACKFILL (FLOWFILLS CY 20 $ $ $ $ 207 TOPSOIL (4" THICK) CY I 275 208 EROSION LOG (12"1 LF 190 $ $ 208 GRAVEL BAG LF 220 $ $ 208 SILT FENCE LF 550 $ $ 208 18" TALL SOIL BERM LF 550 $ $ $ 208 CONCRETE WASHOUT STRUCTURE LS 1 _ $ 208 VEHICLE TRACKING PAD EA 2 $ $ 208 EROSION CONTROL SUPERVISOR DAY 10 $ $ 211 DEWATERING LS 1 $ $ 12-13-17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT • BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 212 SEEDING (NATIVE) AC 1.7 $ $ 213 MULCHING (WEED FREE STRAW) AC I 1.7 $ $ ' 216 SOIL RETENTION BLANK)CLASS 1) !ET 1 SY 900 $ $ 216 TURF REINFORCEMENT MAT (CLASS 31 SY 900 $ 5 304 AGGREGATE BASE COURSE (CLASS 6) (contingency) TON 30 $ $ 304 AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)(continaency) TON 100 $ $ $ _ 420 506 506 GEOTEXTILE (DRAINAGEL(CLASS 31 SY 520 $ RIP RAP (18" CY 300 I $ $ RIP RAP (18") (SPECIAL) CY 504 $ $ 607 48" TALL (TEMPORARY) FENCE (BARBED WIRE WITH METAL POSTS) (SPECIAL) (contingency) LF 300 $ $ 620 SANITARY FACILITY _ EA 1 $ $ 620 FIELD FACILITIES EA 1 $ $ 625 627 CONSTRUCTION SURVEYING LS 1 $ $ - EPDXY PAVEMENT MARRING (contingency) GAL 0.2 _ $ _ _ I $ 12-13-17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION BID UNIT QUANTITY 630 TRAFFIC CONTROL LS UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 630 FLAGGING HRS 280 630 TRAFFIC CONTROL INSPECTION DAY 35 630 TRAFFIC CONTROL MANAGEMENT DAY 10 626 MOBILIZATION LS 700 F/A EROSION CONTROL F!A Ten Thousand Dollars 10.000.00 10,000 00 700 FA MINOR CONTRACT ADJUSTMENTS F/A Nine Thousand Dollars 9,000 00 9.000.00 700 F/A FUEL COST ADJUSTMENT 12-13-17 F/A 1 I One Thousand Dollars 1.000.00 1,000.00 8. The staging area on the plans is what appears to be an oil tank site. Are we to use this area? We have been in communication with the property owner, Jim Croissant, who can be contacted to arrange an area for staging and for the site trailer. 9. If we use the existing oil tank area, are we to access over the cattle grate? Are there any weight restrictions? Is the contractor required to maintain the grate? We have been in communication with the property owner who said the oil company trucks that use the same access weigh approximately 75k Lbs. 10. How are we to access the work on the West bank of the river? Note #2 on Sheet 8 states temporary access across the river is not permitted. A temporary access will need to be constructed from CR 54 down to the west bridge abutment area after the additional road Right -of -Way is in place. Richard hitefjfr;E., Project Manager Page 1 of 1 1 https: //www. atonmobile.corn/ActonMobile/media/images/inventory/ 1040 -mobile -office -e... 12/6/2017 TOTAL PRICE (DOLLARS) 69- 69 EA 64 69 64 69 63 64 64 69 64 64 69- 63 UNIT PRICE (DOLLARS) E9 64 64 64 64 64 64 69 69 69 EH 69 69 63 69- UNIT PRICE (WRITTEN WORDS) BID QUANTITY O 0 r CD coO co M M O N LO N- N 0 0) N— c\JO N U) U7 L() U) r N C7 r r Z Q O V o 0 V J J —J J J J Q J BID SCHEDULE ITEM DESCRIPTION CLEARING AND GRUBBING REMOVAL OF DEBRIS UTILITY POTHOLING UNCLASSIFIED EXCAVATION MUCK EXCAVATION STRUCTURE BACKFILL (FLOWFILL) TOPSOIL (4" THICK) EROSION LOG (12") GRAVEL BAG SILT FENCE 18" TALL SOIL BERM CONCRETE WASHOUT STRUCTURE VEHICLE TRACKING PAD EROSION CONTROL SUPERVISOR DEWATERING 2 W0 H Z r O N r O CV 01 o N C") O 01 Co Co 04 co CJ N N- o CV co O N 00 Co N co Co N Cd O N co O N co O Ni 00 O N r r N TOTAL PRICE (DOLLARS) 69 64 64 69 69 63 69 65- (9 6F} 69 69 69 69 UNIT PRICE (DOLLARS) 69 69 6'# 69 69 69 6f} CO 6F} 6R 69 69 6F} EA UNIT PRICE (WRITTEN WORDS) BID QUANTITY N T h P CD CI) C) CT) CD T CD Lo 0 Cr) 0 Lf) CD co x- r �-• ~ Z U < O < >- CO >- C!) Z O Z 0 >- Cl) >- (.) >- U J < W < W GO J Cl) J BID SCHEDULE ITEM DESCRIPTION SEEDING (NATIVE) MULCHING (WEED FREE STRAW) SOIL RETENTION BLANKET (CLASS 1) TURF REINFORCEMENT MAT (CLASS 3) AGGREGATE BASE COURSE (CLASS 6) (contingency) AGGREGATE BASE COURSE (CLASS 6) (SPECIAL) (contingency) GEOTEXTILE (DRAINAGE) (CLASS 3) RIP RAP (18") RIP RAP (18") (SPECIAL) 48" TALL (TEMPORARY) FENCE (BARBED WIRE WITH METAL POSTS) (SPECIAL) (contingency) SANITARY FACILITY FIELD FACILITIES CONSTRUCTION SURVEYING MOBILIZATION W . I- Z N r N M r N (O r N (0 ,— N p CO CD CO p N t co co CO (fl p CO p O d N CD O N CD CO N CO co N O TOTAL PRICE (DOLLARS) O O O a O a O a a a O a a T UNIT PRICE (DOLLARS) O a a a o a T O O o a O 05- O O O a a 69 C9 69 69 I UNIT PRICE (WRITTEN WORDS) Ten Thousand Dollars Nine Thousand Dollars One Thousand Dollars BID QUANTITY [V o r coe N M r r r Z O Q O CC I Q 0 Q LL 11 LL BID SCHEDULE ITEM DESCRIPTION EPDXY PAVEMENT MARKING (contingency) TRAFFIC CONTROL FLAGGING TRAFFIC CONTROL INSPECTION TRAFFIC CONTROL MANAGEMENT F/A EROSION CONTROL F/A MINOR CONTRACT ADJUSTMENTS F/A FUEL COST ADJUSTMENT • w0 I... Z r- CO CO o CD O coCDCD O (0 o r— o ti cp O ti 1 REVISION OF SECTION 211 DEWATERI NG Section 211 of the Standard Specifications is hereby added for this project as follows: DESCRIPTION 211.01 This work consists of dewatering temporary excavations. CONSTRUCTION REQUIREMENTS 211.03 The Contractor shall dewater, by pumping or by excavating trenches leading to a positive gravity outlet, to a depth of at feast three feet below the underside of any permanent structures. 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 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 10 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. METHOD OF MEASUREMENT 211.04 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 drainage structures, 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. BASIS OF PAYMENT 211.05 The accepted quantities 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 Dewatering Pay Unit Lump Sum END OF SECTION SP - 32 Chapter 8 Open Channels SOIL RIPRAP NOTES: 1. ELEVATION TOLERANCES FOR THE SOIL RIPRAP SHALL BE 0.10 FEET. THICKNESS OF SOIL RIPRAP SHALL BE NO LESS THAN THICKNESS SHOWN AND NO MORE THAN 2 -INCHES GREATER THAN THE THICKNESS SHOWN. 2. WHERE "SOIL RIPRAP" IS DESIGNATED ON THE CONTRACT DRAWINGS, RIPRAP VOIDS ARE TO BE FILLED WITH NATIVE SOIL. THE RIPRAP SHALL BE PRE -MIXED WITH THE NATIVE SOIL AT THE FOLLOWING PROPORTIONS BY VOLUME: 65PERCENT RIPRAP AND 35 PERCENT SOIL. THE SOIL USED FOR MIXING SHALL BE NATIVE TOPSOIL AND SHALL HAVE A MINIMUM FINES CONTENT OF 15 PERCENT. THE SOIL RIPRAP SHALL BE INSTALLED IN A MANNER THAT RESULTS IN A DENSE, INTERLOCKED LAYER OF RIPRAP WITH RIPRAP VOIDS FILLED COMPLETELY WITH SOIL. SEGREGATION OF MATERIALS SHALL BE AVOIDED AND IN NO CASE SHALL THE COMBINED MATERIAL CONSIST PRIMARILY OF SOIL; THE DENSITY AND INTERLOCKING NATURE OF RIPRAP IN THE MIXED MATERIAL SHALL ESSENTIALLY BE THE SAME AS IF THE RIPRAP WAS PLACED WITHOUT SOIL. 3. WHERE SPECIFIED (TYPICALLY AS "BURIED SOIL RIPRAP"), A SURFACE LAYER OF TOPSOIL SHALL BE PLACED OVER THE SOIL RIPRAP ACCORDING TO THE THICKNESS SPECIFIED ON THE CONTRACT DRAWINGS. THE TOPSOIL SURFACE LAYER SHALL BE COMPACTED TO APPROXIMATELY 85% OF MAXIMUM DENSITY AND WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE IN ACCORDANCE WITH ASTM D698. TOPSOIL SHALL BE ADDED TO ANY AREAS THAT SETTLE. 4. ALL SOIL RIPRAP THAT IS BURIED WITH TOPSOIL SHALL BE REVIEWED AND APPROVED BY THE ENGINEER PRIOR TO ANY TOPSOIL PLACEMENT. GRADATION FOR GRANULAR BEDDING U.S. STANDARD SIEVE SIZE PERCENT PASSING BY WEIGHT TYPE I CDOT SECT. 703.01 TYPE II CDOT SECT. 703.09 CLASS A 3 INCHES - 90 - 100 1) INCHES - - 34 INCHES 20 - 90 % INCHES 100 - #4 95 - 100 0 - 20 #16 45 -- 80 - #50 10 - 30 - #100 2 - 1O #20O 0 -- 2 0 — 3 RIPRAP B IN Figure 8-34. Riprap and soil riprap placement and gradation (part 2 of 3) January 2016 Urban Drainage and Flood Control District 8-77 Urban Storm Drainage Criteria Manual Volume 1 Open Channels Chapter 8 THICKNESS REQUIREMENTS FOR GRANULAR BEDDING RIPRAP DESIGNATION MINIMUM BEDDING THICKNESS (INCHES) FINE—GRAINED SOILS ' COARSE —GRAINED SOILS 2 TYPE I (LOWER LAYER) TYPE II (UPPER LAYER) TYPE II VL(D50=6IN) 4 4 6 L (D50 = 9 IN) 4 4 6 M (Dm = 12 IN) 4 4 6 H (D50 = 18 IN) 4 6 8 VH (D50 = 24 IN) 4 6 8 NOTES: 1. MAY SUBSTITUTE ONE 12 -INCH LAYER OF TYPE II BEDDING. THE SUBSTITUTION OF ONE LAYER OF TYPE II BEDDING SHALL NOT BE PERMITTED AT DROP STRUCTURES. THE USE OF A COMBINATION OF FILTER FABRIC AND TYPE II BEDDING AT DROP STRUCTURES IS ACCEPTABLE. 2. FIFTY PERCENT DR MORE BY WEIGHT RETAINED ON THE #40 SIEVE. Figure 8-34. Riprap and soil riprap placement and gradation (part 3 of 3) 8-78 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 1 January 2016 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. 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. X 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 .+ Bids, Draw± , Specifications and other Contract Documents. Addendum No. 1 Date:11/28/2017 By: Addendum No. 2 Date: 1214(2017 By: Addendum No. 3 Date: 12/8/2017 By. Addendum No. 4 Date, 12/11,/2017 By: Addendum No. 5 Date: 12/13/2017 By: Bidder agrees to perform all Work described in the Contract Documents for - nit • 'ces s 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 of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B1700129. 2. The quotations set forth herein are exclusive of any federal excise taxes and ail 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 of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 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 Colt & Steel Corporation BUSINESS ADDRESS 2150 W 6th Ave Unit G BY Joseph DeFranco (Please print) DATE 12/14/2017 CITY, STATE, ZIP CODE Broomfield CO 80020 TELEPHONE NO 30 SIGNATURE E-MAIL jdefranco@co tandsteel.com 2-2888 FAX 303-442-2869 TAX ID # 46-3791811 Page 1 14 BID NO # B1700129 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 3,996.00 201 CLEARING AND GRUBBING AC 0,4 nine thousand nine hundred ninety dollars $ 9,990.00 $ 201 REMOVAL OF DEBRIS LS 1 One thousand six hundred dollars $ 1,600.00 $ 1,600.00 203 UTILITY POTHOLING HRS 16 Two hundred thirty dollars $ 230.00 $ 3,680.00 203 UNCLASSIFIED EXCAVATION CY 880 Thirteen dollars & 50/100 $ 1 13.50 $ 11,880.00 I 203 206 MUCK EXCAVATION STRUCTURE BACKFILL (FLOWFILL) _ CY CV 330 Twelve dollars & 95/100 $ 12.95 $ 4,273.50 20 Two hundred eighty-nine dollars $ 289.00 $ 5,780.00 207 TOPSOIL (4" THICK CY 275 Nine dollars & 50/100 $ 9.50 2,612.50 208 EROSION LOG (12" LF 190 Five dollars $ 5.00 $ 950.00 208 GRAVEL BAG LF 220 Nine dollars & 75/100 $ 9.75 $ 2,145.00 208 SILT FENCE LF 550 One dollar & 75/100 $ 1.75 s 962.50 208 18"TALL SOIL BERM LF 550 Two dollars & 35/100 $ 2.35 $ : 1292.50 208 CONCRETE WASHOUT STRUCTURE LS 1 Eight Hundred Seventy five dollar= $ 875.00 $ 875.00 208 VEHICLE TRACKING PAD EA 2 One thousand six hundred dollars - `$ 1,600.00 $ 3,200.00 208 EROSION CONTROL SUPERVISOR DAY 10 One hundred forty-five dollars $ 145.00 $ 1,450.00 211 DE WATERING LS 1 Seven thousand six hundred dollars g 7,600.00 s 7,600.00 12 13 17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT AC BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 212 SEEDING (NATIVE) Five thousand nine hundred dollars $ 5,900.00 $ 10,030.00 213 MULCHING (WEED FREE STRAW) AC 1.7 Two thousand three hi rtY $ 2,330.00 $ 3,961.00 216 SOIL RETENTION BLANKET CLASS 1 SY goo _pilafs Three dollars & 70/100 $ 3.70 $ 3,330.00 216 TURF REINFORCEMENT MAT (CLASS 3,1 SY 900 Nine dollars and 51100 $ 9.05 $ 8,145.00 304 AGGREGATE BASE COURSE (CLASS 6) rcontingencyf TON 30 Seventy -Eight dollars & 50/10 $ 78.50 $ 2,355.00 304 AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)(contingency) _ TON 100 Forty-nine dollars $ 49.00 $ 4,900.00 I 420_ GEOTEXTILE (DRAINAGE) (CLASS 3) SY 520 Three dollars & 50/100 $ 13.50 $ 1,820.00 506 RIP RAP (181 CY 300 One hundred two dollar; $ 102.00 $ 30,600.00 506 RIP RAP (1B") (SPECIAL) CY 504 One hundred five dollar; $ 105.00 $ 52,920,00 607 48" TALL (TEMPORARY) FENCE (BARBED WIRE WITH METAL POSTS) (SPECIAL) (contingency) LF 3 O Seven dollars & 50/100 $ 7.50 $ 2,250.00 620 SANITARY FACILITY _ EA 1 I Four hundred seventy dollars $ 470.00 $ 470.00 I 624 FIELD FACILITIES EA 1 Three thousand five hundred dollars $ 3,500.00 $ 3,500.00 625 CONSTRUCTION SURVEYING LS I Three thousand five hundred dollars $ 3,500.00 $ 3,500.00 .627 -. EPDXY PAVEMENT MARKING(contingency? GAL 02_ _ Seven hundred fifty dollars $ 750.00 f s 150,00 12-13-17 ITEM NO. BID SCHEDULE ITEM DESCRIPTION UNIT BID QUANTITY r UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 630 TRAFFIC CONTROL LS 1 Seven thousand five hundred eighty dollars S 7,580.00 $ 7,580.00 630 FLAGGING HRS 2$0 Twenty-nine dollars $ 29.00 $ 8,120.00 630 TRAFFIC CONTROL INSPECTION DAY 35 One hundred forty-five dollars $ 145.00 • $ 5,075.00 630 TRAFFIC CONTROL MANAGEMENT DAY 10 Seven hundred eighty dollars $ 780,00 $ 7,800.00 626 MOBILIZATION LS 1 Fifteen thousand five hundred dollars $ 15,500.00 $ 15,500.00 700 F/A EROSION CONTROL PA 1 Ten Thousand Dollars S 10,000.00 $ 10,000.00 704 F/A MINOR CONTRACT ADJUSTMENTS RA , 1 Nine Thousand Dollars $ 9.000.00 $ 5.000.00 700 I RA FUEL COST ADJUSTMENT F/A , 1 _ One Thousand Dollars_ $ 1.,000.00 I $ 1.000.00 12-13-17 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. Pa r:1 17 BID NO # B1700129 BID BOND PROJECT: EM -BR 54 - 13A PERMANENT FLOOD REPAIRS PROJECT Colt & Steel Corporation, KNOW ALL MEN BY THESE PRESENTS, that f ncorporated in the State of Colorado as Principal, and Great American Insurance Company, Incorporated in the State of Ohio as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner} in the penal sum of Five Percent of Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated December 19, 2017 for the EM -BR 54 - 13A PERMANENT FLOOD REPAIRS 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 fess 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 15th day of December , 2017 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 Colt & Steel Corporation Address 2150 111. 6th Avenue, Unit G, Broomfield, CO 80020 ATTEST: BY ATTEST/ By: ness By: Susan. Lattaruld ttorney-in-Fact Surety Great American I esurance Com any Address 301 E Fourth Street, Cincinnati, OH 45202 INSTRUCTIONS Page 116 BID NO # B1700129 GREAT AMERICAN INSURANCE COMPANY° Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE Bond No. Bid Bond POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in - fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Name Susan J. Lattarulo Address Limit of Power Greenwood Village, Colorado $100,000,000.00 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15th day of December , 2017 . Attest GREAT AMERICAN INSURANCE COMPANY tit• a, ,,,f"....',P, ; rI, L, '4-, ,, i Assistant Sccratary Divisional Senior Vice President STATE OP OHIO, COUNTY OF HAMILTON - as: On this 15th day of December ,2017 , before me personally appeared DAVID C. K1TCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A. Koko! Notary Pvtic, Sacltctrin Ht lacilter G5-!#0 DAVID C. KITCHIN (877477.2405) cet, c,04,tiff This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Puce Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 15th day of December , 2017 Assistant Secretory S1194C (8/15) Fom1 w .9 (ftov. December2014) Departmental' the Transury tnlo-rrallloverx Service 9 More {so shown gnyout Income toe Owe). Name is reuulree on Iles line; do not leave this Ilno blank_ t�l Request for Taxpayer Identification Number and Certification Dive Form to the requester. Do not send to the IHS, Colt ,& Steel Corporation 2 Barris. s na4ne;t.i4v ylnrdrrd untity nffi111e, if different (rent above Check npproprlattorthex for federal taxrtcl�llnssrlicetlorc check only onoOfthe following seven boxes,. Individuallsde Ixopoetoror L!L,I C; Corporation 0 S C.orporarion [J Partnership Trust/estate SIngie-member I C O i warted liability cowpony. Enter the tax classlf[cellot (C" C corporation, S -S corporation, P partarership) Note. Far Bangle-aivm(3erLLC that is dFsre5aacd.donot check LLC; c'iecl the eppropifata box in the labove for the tax classification 01 tna aingio- rnumber owner. El Olher (nee iostrt laVons)s. & Atldrass Inuntiwr,'straet. and apt. or suite no.) 2150 W 6th Ave Unit G a city, state. Ctrs J.IPCAX1.8 Broomfield CO 00020 7 Lief account numb. rfe) Item toplio till. 4 LxemptJons (codes apply only to nerlain entitles. not Individuras; sloe Instructions on page 3) Exempt nayse oc (if any) f;xenrptlpn from FATCA rcpart cods fit any) _ fAr.E4,1te nrerev,rn orbs.ntarune e. snrfhs IA} haquecters name and address (Doorsill) Prim l Taxpayer Identification Number (TIN) rtteryour TlNtri the appropriate box. The TIN provided must match the name given on line I to avoid backup withholding, For individuals, this is generally your social security number (SSN)- However, ftir a resident Man, sole proprietor, or disregarded entity, see the Rani Instructions on page 3. far other entitles, it Is your employer identiticalion number (EIN). If you do not have a number, sae 1 -low to gat ti<N on page 3: Note. If the account is in more then one name, see the Instructions tar line 1 and the chart on page 4 for guidelines on Whose numberto enter. social security number or Employer identfloeellonnumber 4 6 3 'I 9 1 8 1 Pert Il Certification Linder pertaftit,s of perjury, I codify that; 1. rho nurnhor shown onl this form Is my correct taxpayer identification number (or I em waiting for a number to be issued to me): and 2, I ern not subject to backup withholding because' (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Servlae (IRS) that i am'subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the 114E has notifies' me that I am no Ipngor subject 10 backup withholding and 3. I ern a U.S. citizen or other11,S, parson (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that t ern exempt from FATCA reporting is correct, Certtficatiun htatr,uctiona. You must cross out Item 2 above if you have been notified by the IRS tries you are currently subject to backup withholding because you have tailed to report all interest and dividends on your tact return. For real estate transactions, item 2 does not sppiy- Far rrter190ge I ntorest paid, auquisihon or ahandonmerrt of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other) than interest one€ dividends, you we not required to sign the certification, but you must provide your correct TIN. See the instructionson page 3. 81)7 Signature of Here u.s. persons. General Instruc11'ons T tk,,e11on Tolerances eta to the IntornelRavenue Coda unless otherwise notrxt Future develepmente, Intonlialibn about tlavet0prnenls affecting Form IN-9(such as ieglsletton enacted after we release it) is at www.ir8.9ov/her9, Purpose of Fonii An individual or entity (Form W -e requester) who is required to fife en informn!i n return with the AS must ornate your cttmgcr taxpayer identification lumber (Tim which maybe your soowi seourky number issN). ind[vld ual Iaupeyer Identification number (lulls), aoxoption tatpsyer idnntlrcation number (ATINI, or employer Inentlfx anon number (ElN), to report on an rniorinatlon return the amount paid to you, or other amount reportable on an information return. L,rrampl+ssof krtrormaven returns include, but we not umitrxlto, the fdkiWing1 • Form I a-INT (interest earned Or pail) • f Orin 1011R- DIV (dhulderies, jookt0in9thosefrom eiasksor mutualfonda) • form 1000-MISC (various t$rpgsof Income, prizes, awards, orgrpss proeeeda} *Form 1c99-alek.korn'Lanai fund rasesand certain (Aber iraneactinnsby brokers) i • Farm t0gie-S (prucoEda train aeon astataIran saetack %) • Farm 1099-K (merchant card end third party netvOPl transeenens) Data A 24e I-7 I. f=orm i trknq {norrpe mortgage Interosli. 1099- f' (student loan l m erost), 100E -T (tuition) • Form 109iaC (oincelnd debt) • Forrri 1099-A lacquisitlon or abandonment of secured pmtu'rty) Wee Form W -s only if you ere a 1J.S. perec n (inrsudtpr A resident fin), to provide yourcorractTlN. it you iia rtor returrr f wfri W-9 fa the regrets rat with e 77N, you might be aubJoci 80 backup wdhwitc nt}. Sew' Whet in Ixer.,hap wltll?Olden r on page 2. gy trigning the filled -Oat form, you., 1. curly that the TIN you are giving ia correct (or you are wail) rip for a number to be Issued), 2. Certify that you are not sub era to badwp withhcklog, or 3. C4lam exemption from backup withholding if you ate a U.S, exempt payee If applicable, you are oho certifying that a9 a U.S, parson, your allocable there of arty parts e*tship income from a U.S. crone or business le not sub)eot to the en 'Molding tax on foreign partners- aliant of eftactively connected Income, and 4. Certify that FATCA cnde*s)entvred on iris loom fir any) indicating than you are exempt Iwo the FATCA reporting, ra rorrout. Sail Wtter is FA7t.A rnpcutirtg7 an page 2 for nether information Cat. No. 10231% Form W-9 [Rev. 12-2014) COLORADO DEPARTMENT Of TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PHr1Ear No ER CO O 030-068 20481 LQCATIN SW114 OF SE114 OF SECTION 10 AND NW114 OF NE114 OF SECTION 30, FHWA EMERGENCY RELIEF PROJECT NO ER C030.080 TOWNSHIP SN, RANGE 87 WEST OF THE 8TH PM _ I hereby attest that I am the person responsible within my firm for the final decision as to the price(e) 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 tor the purpose or with the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the prlce(s) nor the amount of this bid have been disclosed to any other fine or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening, 28, 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 atterrpt haft been made to solicit, cause or Ind** 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 tor any other firm or person who lc a bidder or potential prime bidder on this project to submit en intentionally high, noncompetitive or other form of complementary bid on this project, 4, The bid of my firm ie made In good faith end 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 torm of complementary bid. 5, My lirm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any Tlrm 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 retrain from bidding or fo submit any intentionally high, noncompetitive or other form o€ conlemsntary bid or agreeing or promising to do so on this project, S, My tarn has not accepted or been promised any subconiiaot or agreement regarding the sole of rreteiiale or services to any Brio or person, and has riot been promised or paid Cush or anyihine 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 huh, 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, offioeens, employees, and agents or my firm with responsibilities reeling to the preparation, approval or submission of my firm's hid on trus propel and nave been a 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 or the statements and representations made in this attldaAr. 8. I understand and my firm understands that any nitsatatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to subrniseion of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OP FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE _ - G6riirecto'fi 4r01 eq tompmv moo Colt & Steel Corporation r .. _ ', /- d - f /iiH$ `,7 �-7 rJI ,� � I re ident / Too axri E?ra VII treanpaiy norm in AWLvows) yt. - $y .. DWe - no Sworn to before me this } � day of,c)..r.:.�fWttilr' ,' 20 t 71- l Nolan,' PthLi6 v yf f'`- _ KELLY LOOMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184043029 MYOOMMISBION EXPIRES NOVEMBER 10, 2020 P+y awnmOsia1 WI �f J i !, �f7c` . NOTE: This document must be signed In Ink. COOT Form one 1102 Page 1 1 BID NO # B1700129 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name artd! Number Protect Code Proposal Date Contractor Region ER CO 030-068 FHWA Emergency Relief Pa iod. 20481 12/19/2017 Colt & Steel Ce poratioa 8 SuboontreatoraiSuppllerrJYendors: The bidder must list all firms seeking to participate an the contract. This Infarmaticn Is used bythe Colorado Department of Transportation (CDOT) to determinaoveri t' goals rat the Disadvantaged Business Enterprise Program. Fattun,to submit this farm may result En the proposal being rejected. Firm Name Email 4 Work Proposed (Select all that apply) DBE (YIN) Selected Aggregate Logistics jasonrocksl@yahoo.com 1 Y N Albert Frei rfostergalbertfreiandsons.com 1 N N Allied Recycled Aggregates alliedsales@alliedrecycle.com 1 N N American Sports Material bschell@bestwayconcrete.com 1 N N Arnolds Seeding dhill@arnaldsgroup,com 13 N N Bowmen Construction dalynn@bowmancenetructionsuppiy.com 1 N N Flash Fill Services bobbouen@flashfiltservices.com 1 N N Lightfield Enterprises twhea1ey@Iighttieldenterprises,corn 2 Y N Martin Marietta john.dasler@martinmariette,com 1 N N Northern Colo Traffic Control nctclmoran@aol,com 2 y Y Traffic Managment Inspection rusty,burdette@trafficmanagement.com 2 N N CDI seansecdi-services.com 13 N N I Edrtlfy tflet the information provided herein la true and carrect to bast of my knowledge. Name Joseph DeFranco Signature/Initials tie President Date 12/14, Wane Proposed Gatagurees: I : =:.r:" •s,•ar -_.-. ,. a?= SCE' R.'+E',,: m,r`,TM 2f CJrm rd0'..De1rh.*lroj:],Excavatioriarx/ r r:3lw/ur_3eri3'5f+':!Fr,s.A !2A'r: .c.. P.:.6,70? -1 17,:i.;.,..prh3 Afriqi. Eertrf'tdtcals- 2 Flaggstgand TraIl1c Coerro 13_ 6odsc,spe arr,f Erosion C,, .rnr 22 EnlineenieVanci Surwyarrg Services 3 Tri.Jo.krrrg afiel i` cueing I4 tir;.:iy;;7r+-,;:,...+,..n Lr.:4 Cf.'J. r.J..':6?I 23. %RfGUI; Raiations are l+Y•rr;fV9P+en!' 4 P:er,Ast Concrete, :-r•rrkdahuns artd 15 .44.11011 Paving 24. F1Iesand Deep Founr,• .:.,it!S Faotimas I•; FORti x:i-I PB:4: 'r ;4:,!'; r=,r„ri i'r 4'6.0.'3 F!an,-Nei!1er1F'4 %(CY+;,,T9 5. C:unC.ete Pa.':rtyr, F:a;,:c+k a:i:. r;;kir; /7 Chef, Seal. Crack Seat Joint Seefarrcl 26. Site C/eandip $ L!...0i. rgl 7,7 r `.r ": •+,: d: CeackF#r! 27 1, ia�: rant+.at and NVAC 7 Signs, Slam( insrafiallon. and Guare*art is Bridge Parntiag ara# Caehng 28 Mime!' Cunsr vehon 3 Fi-,*clog 19 Siaimayeria Om/we/gal ;.;'r?lig 29. Pru.4.-;e,Nd L' tnding 9 'Buildings and Ve£+u;,i! StractLi s 2O Par&Jng Lots atn1 Commercraf Sidem901rs 30 En4wonnren1a1Heartll and Safety (a. Ubtity. Water and Setter Limn This form must be submitted by the proposal deadline. For COOT projects, submit to cdot_hoLdbefornisigetate.co.us. CDOT Form #1413 01114 Page 120 017 BID NO # B1700129 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Colt & Steel Corporation Project Perrnannnt Flood Repairs/ FHWA Emergency Relief Pr Contact RE Stout Project Code: 20481 Phone: 303-442-2588 Date of Proposal 12/14/2017 Email: rstou1 jcoltandsteel.com Contract Goal. 8% Preferred Contact RAethod: I email Region' 8 DBE Coro tenants: DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Northern Colo Traffic Control Traffic Control 24,575.00 24,575.00 Total Elgible Participation 24575.00 jecl Total Bid Amount 244,303.00 Total Eligible Participation Percentage 10% al040 Sf tgture 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: COOT 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 COOT. 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 alto 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 Joseph DeFrenco ITitle President Signature D to 12/19/2017 This form must be submitted by the proposal deadline. For COOT projects, : + . m it to cdot^hq_d . eformsestate.co.us. Civil Rights and Business Resource Center COOT Form # 1414 01/14 Pa re 21 BID NO # B1700129 MEMORANDUM Date: January 4, 2018 To: Rob Turf, Purchasing Manager From: Richard White, Don Dunker RE: Bid Request No. B1700129 BOCC Approval Date January 8, 2018 EM -BR 54/13A PROJECT - CONSTRUCTION CONTRACT AWARD On December 19, 2017 Weld County received eleven (11) bids for this project. The bids ranged from $244,303.00 to $391,437.00. The low bid was submitted by Colt and Steel, Inc. of Broomfield Colorado. The submitted bid was reviewed for errors and completeness and contains no errors. The references provided positive feedback on this contractor. This Contractor has done similar projects for Boulder County and City of Longmont. Weld. County Public Works Department is working with CDOT currently to receive authorization to award to the low bidder, Colt and Steel Corporation. Their bid is complete and they are proposing to meet the 8% DBE project goal requirement. It is our recommendation to award the construction contract to this bidder in the amount of $244,303.00. This project is one of the few remaining 2013 flood recovery projects and is eligible for reimbursement from FHWA funding. cate-Tct ed co +of WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: rturf@weldgov.com E-mail: reverettweldgov.com E-mail: mwalers@weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 DATE OF BID: DECEMBER 19, 2017 REQUEST FOR: PERMANENT FLOOD REPAIRS - EM -BR 54/13A DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1700129 PRESENT DATE: DECEMBER 20, 2017 APPROVAL DATE: JANUARY 3, 2018 Extended to January 8, 2018 VENDOR TOTAL COST COLT & STEEL CORPORATION 2150 W 6TH AVE UNIT G BROOMFIELD, CO 80020 RMC CONSULTANTS, INC 12295 W. 48TH AVENUE, UNIT A WHEAT RIDGE, CO 80033 DURAN EXCAVATING, INC 14332 CR 64 GREELEY, CO 80631 MOUNTAIN CONSTRUCTORS, INC P.O. BOX 405 PLATTEVILLE, CO 80561 JAG'S ENTERPRISES, INC 7951 W 28 STREET GREELEY, CO 80634 ANSON EXCAVATING AND PIPE PO BOX 777 CRAIG, CO 81625 $244,303.00 $264,950.00 $282,064.40 $282,976.00 $291,095.00 $305,008.12 CONTINUED... 2017-4259 (.3 cum eiCoti-le6 WELLS TRUCKING 2419 1ST AVENUE GREELEY, CO 80631 CONNELL RESOURCES, INC 7785 HIGHLAND MEADOWS PKWY, SUITE 100 FORT COLLINS, CO 80528 AMERICAN WEST CONSTRUCTION, LLC 275 E. 64TH AVENUE DENVER, CO 80221 L & M ENTERPRISES, INC 735 E. COLORADO HWY 56 P.O. BOX W BERTHOUD, CO 80513 ROCK & COMPANY PO BOX 568 BRIGHTON, CO 80601 DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. $314,677.80 $329,959.25 $362,000.00 $374,024.60 $391,437.00 Hello