HomeMy WebLinkAbout20181971.tiffAnivaxi in-ta 7730
MEMORANDUM
TO: Esther Gesick, CTB DATE: May 13, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Contract for B1800100
Attached is 1 original contract. Please place the attached agreement on the BOCC Consent Agenda.
Please return a copy of the agreement to me so I can forward to the contractor.
The BOCC approved the award of this contract to Herbert Instrumentation. LLC. on July 30, 2018. The
contractor has signed the contract and has provided a performance bond. a labor bond, and a certificate
of insurance listing Weld County and CDOT as additional insured parties. The BOCC is asked to sign this
contract so the weather station work can be completed prior to the winter.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
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WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & HERBERT INSTRUMENTATION SERVICES LLC
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
THIS AGREEMENT is made and entered into this day of bqt , 2018, by
and between the County of Weld, a body corporate and politic of the State Colorado, by and
through its Board of County Commissioners, whose address is 1150 "O" S eet, Greeley,
Colorado 80631 hereinafter referred to as "County," and Herbert Instrumentation, a limited
liability company, who whose address is 7352 Greenridge Rd, Unit B-14, Windsor, CO 80550,
hereinafter referred to as "Contractor".
WHEREAS, CDOT and the FHWA have awarded the County a STIC grant to install a
Roadway Weather Information System (RWIS) at the northeast corner of CR 32 and CR 49
intersection, (hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to
undertake installation of the RWIS, 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.
B1800100". The RFB contains all the specific requirements of the County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A which is
attached hereto and incorporated herein by reference. Contractor shall coordinate with, the
Weld County Director of Public Works or other designated supervisory personnel, (the
"Manager"), to perform the services described on attached Exhibits A and B. Contractor
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shall faithfully perform the work in accordance with the standards of professional care, skill,
training, diligence and judgment provided by highly competent Contractors performing
construction services of a similar nature to those described in this Agreement. Contractor
shall further be responsible for the timely completion and acknowledges that a failure to
comply with the standards and requirements of Exhibits A and B within the time limits
prescribed by County may result in County's decision to withhold payment or to terminate
this Agreement. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the
service or work, by not more than thirty (30) days. Such extension shall not increase the
compensation to be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement
by County, and shall continue through and until Contractor's completion of the
responsibilities described in Exhibits A and B. Both parties to this Agreement understand
and agree that the laws of the State of Colorado prohibit County from entering into
Agreements which bind County for periods longer than one year. Therefore, within the thirty
(30) days preceding the anniversary date of this Agreement, County shall notify Contractor if
it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on
thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. However, nothing
herein shall be construed as giving Contractor the right to provide materials (or services)
under this Agreement beyond the time when such materials (or services) become
unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it
has submitted and which have been approved by the County; (2) the reasonable value to
County of the materials which Contractor provided prior to the date of the termination notice,
but which had not yet been approved for payment; and (3) the cost of any work which the
County approves in writing which it determines is needed to accomplish an orderly
termination of the work. County shall be entitled to the use of all material generated
pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and
facilities owned by County which Contractor is using, by whatever method it deems
expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it
has completed or partially completed under this Agreement, together with all other items,
materials and documents which have been paid for by County, and these items, materials
and documents shall be the property of County. Copies of work product incomplete at the
time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or
materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall
be the basis for additional compensation unless and until Contractor has obtained written
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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.
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 $98,237.44, which is the bid set forth in Exhibit B. Contractor
acknowledges no payment in excess of that amount will be made by County unless a
"change order" authorizing such additional payment has been specifically approved by the
Director of Weld County Public Works, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code. Any other provision
of this Agreement notwithstanding, in no event shall County be liable for payment for
services rendered and expenses incurred by Contractor under the terms of this Agreement
for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor
acknowledges that any work it performs beyond that specifically authorized by County is
performed at Contractor's risk and without authorization under this Agreement. County shall
not be liable for the payment of taxes, late charges or penalties of any nature other than the
compensation stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any
taxes related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in
respect of any period after December 31 of any year, without an appropriation therefore by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government
Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution,
Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor
entitled to any employee benefits from County as a result of the execution of this
Agreement. Contractor shall perform its duties hereunder as an independent Contractor.
Contractor shall be solely responsible for its acts and those of its agents and employees for
all acts performed pursuant to this Agreement. Contractor, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and
County shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to this Agreement.
Contractor shall not have authorization, express or implied, to bind County to any
agreement, liability or understanding, except as expressly set forth in this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not
enter into any subcontractor agreements for the completion of this Project without County's
prior written consent, which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project
during the performance of this Agreement and no personnel to whom County has an
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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
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implied, to any breach of any one or more covenants, provisions or conditions of the
Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the
County of, or payment for, the construction completed under this Agreement shall not be
construed as a waiver of any of the County's rights under this Agreement or under the law
generally.
13. Insurance and Indemnification. General Requirements: Contractors/Contract
Professionals must secure, at or before the time of execution of any agreement or
commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contractors/Contract Professionals shall keep
the required insurance coverage in force at all times during the term of the Agreement, or
any extension thereof, and during any warranty period. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement
stating "Should any of the above -described policies by canceled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written notice to
the Weld County Controller/Purchasing Director by certified mail, return receipt requested.
Such written notice shall be sent thirty (30) days prior to such cancellation or reduction
unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If
any policy is in excess of a deductible or self -insured retention, County must be notified by
the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible
for the payment of any deductible or self -insured retention. County reserves the right to
require Contractor/Contract Professional to provide a bond, at no cost to County, in the
amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor/Contract Professional.
The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor is not relieved of any liability or other obligations assumed
or pursuant to the Contract by reason of its failure to obtain or maintain insurance in
sufficient amounts, duration, or types. Any modification to these requirements must be
made in writing by Weld County.
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
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required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County. A failure to comply with
this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all
times during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all the Contractor's Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a Contractor or subcontractor is exempt
under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor
executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01
equivalent, covering premises operations, explosions, collapse and underground hazard,
personal advertising injury, fire damage, independent Contractors, products and completed
operations, blanket contractual liability, personal injury, and liability assumed under an
insured contract. The policy shall be endorsed to include 1) the Additional Insured
Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for
products/completed operations, and 3) the Designated Construction Projects General
Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following
additional insured language on the additional insured endorsements specified above: "Weld
County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns,
its elected officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities performed by,
or on behalf of the Contractor, including completed operations" and the minimum limits must
be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
$50,000 any one fire; and
$5,000 Medical payment one person
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.
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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
County, State of Colorado, and CDOT as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall
waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall be
subject to all the requirements herein and shall procure and maintain the same coverages
required of Contractor/Contract Professional. Contractor/Contract Professional shall include
all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as
insureds under its policies or shall ensure that all subcontractors maintain the required
coverages. Contractor/Contract Professional agrees to provide proof of insurance for all
such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon
request by the County.
Contractors Pollution Liability (Not Required for this Project)
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".
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Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 1,000,000
Builders' Risk Insurance or Installation Floater — Completed Value Basis (Optional for
this Project)
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 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. 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
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Contractor hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any
duly authorized representative of County, including the County Auditor, shall have access
to and the right to examine and audit any books, documents, papers and records of
Contractor, involving all matters and/or transactions related to this Agreement. The
Contractor agrees to maintain these documents for three years from the date of the last
payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, and all
necessary and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to
County Representative. The County Representative for purposes of this Agreement is
hereby identified as, Clay Kimmi, Senior Engineer. All notices or other communications
(including annual maintenance made by one party to the other concerning the terms and
conditions of this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed
to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor:
Attn.:
Address:
Address:
E-mail:
Facsimile:
Phone:
Coun :
Name:
Position:
Address:
Address:
E-mail:
Herbert Instrumentation Services, LLC
Kevin Herbert
7352 Greenridge Road, Unit B-14
Windsor, CO 80550
kevin@herbertinstrumentation.com
970-460-0692
970-214-5985
Clay Kimmi, P.E.
Senior Engineer
P.O. Box 758
1111 H Street, Greeley, CO. 80632-758
ckimmi@weldgov.com
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Facsimile: 970-304-6497
Phone: 970-400-3741
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State
laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to
the subject matter contained in this Agreement. This instrument supersedes all prior
negotiations, representations, and understandings or agreements with respect to the subject
matter contained in this Agreement. This Agreement may be changed or supplemented
only by a written instrument signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. Execution of this Agreement by County does not create an obligation on
the part of County to expend funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement agree that to their knowledge, no employee of
Weld County has any personal or beneficial interest whatsoever in the service or property
which is the subject matter of this Agreement. County has no interest and shall not acquire
any interest direct or indirect, that would in any manner or degree interfere with the
performance of Contractor's services and Contractor shall not employ any person having
such known interests. During the term of this Agreement, Contractor shall not engage in
any in any business or personal activities or practices or maintain any relationships which
actually conflicts with or in any way appear to conflict with the full performance of its
obligations under this Agreement. Failure by Contractor to ensure compliance with this
provision may result, in County's sole discretion, in immediate termination of this
Agreement. No employee of Contractor nor any member of Contractor's family shall serve
on a County Board, committee or hold any such position which either by rule, practice or
action nominates, recommends, supervises Contractor's operations, or authorizes funding
to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
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Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contractor agrees that the Weld County District Court shall have
exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this contract. Contractor will confirm the employment eligibility of all employees
who are newly hired for employment in the United States to perform work under this
Agreement, through participation in the E -Verify program of the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract
with a subcontractor that fails to certify with Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement.
Contractor shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being
performed. If Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal alien
Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall
not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal
alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department
of Labor and Employment. If Contractor participates in the State of Colorado program,
Contractor shall, within twenty days after hiring a new employee to perform work under the
contract, affirm that Contractor has examined the legal work status of such employee,
retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contractor shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee and shall comply
with all the other requirements of the State of Colorado program. If Contractor fails to
comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County,
may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3),
if Contractor receives federal or state funds under the contract, Contractor must confirm
that any individual natural person eighteen (18) years of age or older is lawfully present in
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the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public
benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby
swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is
otherwise lawfully present in the United States pursuant to federal law, (b) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the
effective date of the contract.
29. Official Engineering Publications, Contractor acknowledges and agrees that the
Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction" and the Colorado Department of Transportation Standard Plans "M & S
Standards" establish the requirements for all work performed by Contractor under this
Agreement, and Contractor agrees to meet or exceed all standards set by these
publications. Contractor further acknowledges and agrees that a failure to meet the
standards set by these publications may result in withholding by County of some or all the
Contract Amount.
30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if
required by the provisions of Exhibit A, the work shall be in compliance with the Davis -
Bacon Wage Rates. (If compliance with this statute is required by County under this
Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid,
and is a part this Agreement.)
31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra -judicial body or person. Any provision to the contrary in this Agreement or
incorporated herein by reference shall be null and void.
33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of
$500,000 annually, or for public contracts for road or bridge construction in excess of
$50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed
to perform at least eighty percent of the work under this Contract. "Colorado labor" means
any person who is a resident of the state of Colorado at the time of the public works project,
who can provide a valid Colorado driver's license, a valid Colorado state -issued photo
identification, or documentation that he or she has resided in Colorado for the last thirty
days. The County, in its sole discretion, may waive the eighty percent requirement if there
is reasonable evidence to demonstrate insufficient Colorado labor is available to perform
the work, and this requirement would create an undue burden that would substantially
prevent the work from proceeding to completion. This section shall not apply to any project
which is funded in whole or in part with federal funds, or where otherwise contrary to
federal law.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or
written, and any other communications between the parties relating to the subject matter of this
Agreement.
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IN WITN,E1SS WHEREOF, the parties hereto have signed this Agreement this
, 2018.
CONTRACTOR: Herbert Instrumentation Services, LLC
By:
Name:
Title:
e ✓♦ 7'. f -1 i23'r:12 77
Cs /Q u%_"
WELD COUN�� addivit) � jdo;4tie
ATTEST:
Wetid
BY:
y C'erk to the Stard
Deputy/ Jerk o the
Date:
day of
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
AUG 082018
M:\ -Active Projects\WCR 49 Weather Station(GR-44)1Construction\Contracts\WELD COUNTY AGREEMENT FOR
CONSTRUCTION SERVICES.docx Page 13 of 17
o20/8--- /97/
BID REQUEST NO. B1800100
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM (RWIS)
NHD SW02-066 (22346)
COUNTY
May 28, 2018
Weld County Public Works
Division of Engineering
P O Box 758
1 1 1 1 H Street
Greeley, Colorado 80632
970-304-6496
BID NO # B1800100 Page 1
TABLE OF CONTENTS
The following checked forms and provisions take precedence over plan drawings and supplement the 2017
edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction" (Standard Specifications) which is to be used to administer the construction of this project.
BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid.
Invitation for Bids 4
Instructions to Bidders 4-15
Bid Proposal 16-17
*Bid Schedule 18-20
*Bid Bond 21-22
*IRS Form W-9 23
*Anti -Collusion Affidavit (CDOT Form #606) 24
*Bidders List (CDOT Form #1413) 25
*Anticipated DBE Participation Plan (CDOT Form #1414) 26
WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award.
*Notice of Award 27
*Agreement 28-39
*Performance Bond 40-41
*Labor and Materials Payment Bond 42-43
Notice to Proceed 44
Change Order 45
Certificate of Substantial Completion 46
Lien Waiver (General Contractor) 47
Final Lien Waiver (Subcontractors) 48
Notice of Acceptance 49
CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30
PM the day following the bid opening.
Contractor's Performance Capability Statement (CDOT Form #605) 50
Assignment of Antitrust Claims (CDOT Form #621) 51
UDBE Commitment Confirmation (CDOT Form #1415) 52-53
UDBE Good Faith Effort Documentation (CDOT Form #1416) 54-55
WELD COUNTY PROJECT SPECIAL PROVISIONS:
Project Special Provisions Index 56
Project Special Provisions 57-109
CDOT STANDARD SPECIAL PROVISIONS:
Standard Special Provisions Index 110
Recently Revised Standard Special Provisions 111-199
ADDITIONAL DOCUMENTS:
Construction Plan Set Separate Document
BID NO # B1800100 Page 2
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: MAY 28, 2018
BID NUMBER: B1800100
DESCRIPTION: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
MANDATORY PRE -BID CONFERENCE DATE: JUNE 11, 2018
BID OPENING DATE: JUNE 19, 2018
DAVIS BACON DECISION NUMBER: CO180024
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its
Controller/Purchasing Director (collectively referred to herein as. "Weld County"). wishes to purchase
the following:
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
The project in general consists of the procurement and installation of a Roadway Weather Information
System. The project includes but is not limited to the following work items: tower installation. sensor
installation, electrical power connection, telecommunications. software setup, and training. All bidders
must meet the requirements of the Colorado Department of Transportation Standard Specifications for
Road and Bridge Construction to bid this project. This project is a Federal Aid Project. Federal Aid
Project No. NHD SW02-066 (22346). The "UDBE" goal for this project has been established by CDOT
to be 4.0%. The CDOT Form 347, Certification of EEO Compliance. is no longer required to be
submitted in the bid package. This form certified that the contractor/proposed subcontractors were in
compliance with the Joint Reporting Committee EEO -1 form requirements. The EEO -1 Report must still
be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility
requirements (29CFR 1602.7): we will, however, no longer require certification. For additional
information regarding these federal requirements. please refer to:
http.//www.eeoc.gov/stats/jobpat/elinstruct.html.
A mandatory pre -bid conference will be held at 10:00 a.m., on Monday, June 11, 2018, at the
Weld County Public Works Building. The Public Works Building is located at 1111 H Street in
Greeley. CO. Bidders must participate and record their presence at the pre -bid conference to be
allowed to submit bids.
Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the
Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room
#107 Greeley CO 80631 until: Tuesday, June 19, 2018, 10:00 A.M. (Weld County Purchasing Time
Clock.
PAGES 1 - 15 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN
PAGES 1 - 15 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE
15.
BID NO # B1800100 Page 3
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or
services.
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to
pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified
herein.
You can find bid information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E-Purchasinq System. The Rocky
Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Delivery to Weld County
a. 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.
b. 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.
BID NO # B1800100 Page 4
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure
that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in
Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened
in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the
premature opening of a bid not properly addressed and identified.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids,
to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
vendor.
Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract
Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge
Construction, 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
BID NO # B1800100 Page 5
provide only the addition, subtraction or modification. A duly executed document confirming the
electronic modification shall be submitted within three days after Bids are opened. The
Controller/Purchasing Director may at their sole discretion, release any Bid at any time.
4. AWARD AND EXECUTION OF CONTRACT
Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to
the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld
County intends to award the Contract to the lowest responsible Bidder within the limits of funds available
and to best serve its interests. The County reserves the right to waive informalities and/or irregularities
and to reject any or all bids.
Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All
Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The use of
Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required
in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated
in the Bid Forms.
Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the
Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10)
calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld
County and CDOT as additionally insured. Failure to execute the contract and furnish the required
paperwork within the time frame mentioned above shall be just cause for the annulment of the Award
and, in the event of such annulment, the Award may then be made to another Bidder, or the County
may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable
Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will
issue the Notice to Proceed.
In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the
Request for Proposal contained herein (including, but not limited to, product specifications and
scope of services), the successful bidder's response, and the formal acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal
acceptance of the bid by Weld County. The County may require a separate contract, which if
required, has been made a part of this RFP.
5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND
The successful Bidder shall be required to execute the Performance Bond and Labor & Materials
Payment Bond in the amount of 100% of the Contract plus the value of the force account items,
covering the faithful performance of the Contract and the payment of all obligations arising there -under.
The Bonds shall be executed on the forms included with the Contract Documents by a surety company
authorized to do business in the State of Colorado and acceptable as surety to Weld County. The
Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract.
6. INDIRECT COSTS
Governmental Fees: The cost of all construction licenses, building and other permits, and
governmental inspections required by public authorities for performing the Work, which are applicable at
the time Bids are opened and which are not specified to be obtained by the County, shall be included in
the Bid price.
BID NO # B1800100 Page 6
Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs
and profits on account of cash allowances named in the Bid Documents.
7. SITE CONDITIONS
Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the
following:
Nature and location of the site where the Work is to be performed.
Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be
encountered.
Character of construction equipment and facilities needed for performance of the Work.
General local conditions.
Availability of lands as set forth in the General Conditions.
Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions
for provisions concerning access to the site during performance of the Work. The Bidder shall carefully
review the locations of the site where the work is to be performed. The Bidder shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Successful
bidder shall not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Successful bidder shall comply with reasonable requests made in the course of an investigation,
BID NO # B1800100 Page 7
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty
days after hiring a new employee to perform work under the contract, affirm that Successful bidder has
examined the legal work status of such employee, retained file copies of the documents, and not altered
or falsified the identification documents for such employees. Successful bidder shall deliver to County,
a written notarized affirmation that it has examined the legal work status of such employee, and shall
comply with all the other requirements of the State of Colorado program. If Successful bidder fails to
comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate
this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful
bidder receives federal or state funds under the contract, Successful bidder must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the
contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of
perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-
101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103
prior to the effective date of the contract.
9. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
By acceptance of the bid, Weld County does not warrant that funds will be available to fund the
contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top
the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee
of Weld County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld County
shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or
employees. Unemployment insurance benefits will be available to the successful bidder and its
employees and agents only if such coverage is made available by the successful bidder or a third
party. The successful bidder shall pay when due all applicable employment taxes and income taxes
and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall
not have authorization, express or implied, to bind Weld County to any agreement, liability or
BID NO # B1800100 Page 8
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 the Bid within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon
a material breach of the terms of the Agreement.
BID NO # B1800100 Page 9
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be
the basis for additional compensation unless and until the successful bidder has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no claim
that the County has been unjustly enriched by any additional services, whether or not there is in fact
any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement, the
successful bidder's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder. The
successful bidder shall not enter into any subcontractor agreements for the completion of this
Project without County's prior written consent, which may be withheld in County's sole discretion.
County shall have the right in its reasonable discretion to approve all personnel assigned to the
subject Project during the performance of this Agreement and no personnel to whom County has an
objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall
require each subcontractor, as approved by County and to the extent of the Services to be
performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities
which the successful bidder, by this Agreement, assumes toward County. County shall have the
right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor
hired by the successful bidder and the successful bidder shall cooperate in such process. The
successful bidder shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
0. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and workmanlike
manner, consistent with industry standards, and that all construction services will conform to
applicable specifications. In addition to the foregoing warranties, Contractor is aware that all
work performed on this Project pursuant to this Agreement is subject to a one-year warranty
period during which Contractor must correct any failures or deficiencies caused by
contractor's workmanship or performance. This warranty shall commence on the date of
County's final inspection and acceptance of the Project.
P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the
successful bidder to assign or transfer its rights hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all rights of the successful
bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of
County.
Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
BID NO # B1800100 Page 10
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
BID NO # B1800100 Page 11
Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior
to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent
ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be
notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall
be responsible for the payment of any deductible or self -insured retention. County reserves the right to
require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount
of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Successful bidder from liabilities that might arise out of the performance of the work under this Contract
by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful
bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits
and/or broader coverages. The successful bidder is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement. Any modification to these requirements must be made
in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all services
rendered by the successful bidder and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree.
The successful bidder shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of
The successful bidder in its construction methods or procedures; or in its provisions of the materials
required herein, or from any claims or amounts arising or recovered under the Worker's Compensation
Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination
hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense
and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the successful bidder agrees to waive all rights of subrogation against the County its
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers for losses arising from the work performed by the successful bidder for the
County. A failure to comply with this provision shall result in County's right to immediately terminate this
Agreement.
Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
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
BID NO # B1800100 Page 12
scope of their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such successful bidder or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, explosions, collapse and underground hazard, personal
advertising injury, fire damage, independent Contractors, products and completed operations, blanket
contractual liability, personal injury, liability assumed under an insured contract (including defense costs
assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or
equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or
equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or
equivalent, the policy shall be endorsed to include the following additional insured language on the
additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers named as an additional insured with respect to liability and defense of suits arising out of the
activities performed by, or on behalf of the Successful bidder, including completed operations" and the
minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury;
$50,000 any one fire; and
$5,000 Medical payment one person
Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for
bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,
hired, and non -owned vehicles used in the performance of this Contract.
Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time
of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as
the same may be extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and
CDOT as additionally insured.
BID NO # B1800100 Page 13
Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall
waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all the
requirements herein and shall procure and maintain the same coverages required of Successful
bidder/Contract Professional. Successful bidder/Contract Professional shall include all such
subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Successful
bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
Contractors Pollution Liability (If Required)
Weld County requires this coverage whenever work at issue under this Contract involves potential
pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may
arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall
cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution
conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including
asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any
retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and
that continuous coverage will be maintained or an extended discovery period will be exercised for a
period of three (3) years beginning from the time that work under this contract is completed. The policy
shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers named as an additional insured with respect to liability and defense of suits
arising out of the activities performed by, or on behalf of the Contractor, including completed
operations".
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 1,000,000
Builders' Risk Insurance or Installation Floater — Completed Value Basis (If Required)
Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk
Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change
orders, and cost of material supplied or installed by others, comprising total value of the entire Project at
the site on a replacement cost basis without optional deductibles.
(a) Policy must provide coverage from the time any covered property becomes the responsibility
of the Contractor, and continue without interruption during construction, renovation, or
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.
BID NO # B1800100 Page 14
(c) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated
or associate entities, the General Contractor, subcontractors and sub -tier contractors in the
Project.
(d) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and
shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings,
transit, debris removal including demolition, increased cost of construction, architect's fees
and expenses, flood (including water damage), earthquake, and if applicable, all below and
above ground structures, piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and excavation, backfilling, filling,
and grading.
(e) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically
permit occupancy of the building during construction. County Contractor shall take
reasonable steps to obtain consent of the insurance company and delete any provisions with
regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The
Builder's Risk Policy shall remain in force until acceptance of the project by the County.
(f) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by
the Contract Documents or by law, which shall specifically cover insured equipment during
installation and testing (including cold and hot testing).
(g) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor
except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
BID NO # B1800100 Page 15
BID PROPOSAL
To: Weld County Purchasing Department
Attention: Controller/Purchasing Director
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Bid Proposal for: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
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 fora purpose stated in Section 39-26-114, CRS, and is
free from Colorado State Sales Tax.
EXAMINATION OF DOCUMENTS AND SITE
The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and
has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a
clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal
laws, ordinances, rules, regulations and other factors affecting performance of the Work.
PROPOSAL GUARANTEE
This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost
of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of
not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned
Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until
the undersigned Bidder has executed the required Agreement and furnished the required Performance
Bond, Labor & Materials Payment Bond, and Certificates of Insurance.
TIME OF COMPLETION
The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the
time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the
CDOT Standard Specifications for Road and Bridge Construction, Section 108.
EXECUTION OF DOCUMENTS
The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and
furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within
ten (10) days from the date of Notice of Award.
METHOD OF AWARD
The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified
regardless of the amount of the Bid.
BID NO # B1800100 Page 16
It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed
budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of
any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price.
All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the
words will control. All mathematics will be checked and the correct total used for determining the low bidder.
GENERAL NOTE:
Buy America Certifications shall be provided prior to installation of any steel or iron products on this
project.
BID NO* 61800100 Page 17
ITEM
NO.
BID SCHEDULE ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
201
Clearing & Grubbing
AC
0.08
203
Potholing
HR
4
207
Topsoil (Stockpile)
CY
44
207
Redistribute Topsoil
CY
44
208
Erosion Log (Type 1) (12 inch) (10 ft)
LF
200
208
Mobile Concrete Washout
EA
1
208
Erosion Control Management
LS
1
212
Seeding (Native)
AC
0.08
212
Seeding (Sterile Wheat
AC
0.08
212
Hydraulic Growth Medium
SY
400
213
Mulching (Weed Free Straw)
AC
0.08
613
2 -inch Electrical Conduit
LF
180
613
Pull Box (Special)
EA
3
614
RWIS Cabinet
EA
1
614
RWIS RPU
EA
1
614
RWIS Tower
EA
1
614
RWIS Contractor Hosted Software and Training
LS
1
614
RWIS Sensor (Passive Pavement Sensor)
EA
1
614
RWIS Sensor (Present Weather Sensor)
EA
1
614
RWIS Sensor (Temperature/Relative Humidity)
EA
1
614
RWIS Sensor (Wind Speed/Wind Direction)
EA
1
614
RWIS Sensor (Solar Panel)
EA
1
623
Mobilization
LS
1
630
Traffic Control
LS
1
700
F/A Minor Contract Revisions (MCR)
F/A
1
$8,000.00
$8,000.00
700
F/A Erosion Control
F/A
1
$1,000.00
$1,000.00
NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT.
Total Bid (Dollars):
OPTIONS
614
RWIS Sensor (Barometric Pressure)
EA
1
614
CCTV (Fixed)
EA
1
614
CCTV (PTZ)
EA
1
BID NO # 81800100
Page 18
Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words
will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the
County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder
agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after
the scheduled closing time for receiving bids. Upon receipt of County's written acceptance of this bid,
Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as
required by the AGREEMENT.
The bid security attached is to become the property of the County in the event the contract and bond are not
executed within the time above set forth, as liquidated damages for the delay and additional expense to the
County caused thereby.
NOTE: The following are items of work to be completed by Weld County:
Materials Owner Acceptance Testing
Construction Inspection
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
"YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer
"NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments
for this project. After bids are submitted, bidders will not be given any other opportunity to accept or
reject this adjustment.
(Mark only one line with an "X"):
YES, [ choose to accept Fuel Cost Adjustments for this project
NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the
default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents.
Addendum No. Date: By:
Addendum No. Date: By:
Addendum No. Date: By:
Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the
Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or
constructed. The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all the conditions, specifications and special provisions set forth
in the request for proposal for Request No. B1800100.
BID NO # B1800100 Page 19
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date
being the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best
interests of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE
E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 17.
BID NO # B1800100 Page 20
BID BOND
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THESE PRESENTS, that as
Principal, and as Surety,
are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the
penal sum of Dollars ($ ), lawful
money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying Bid dated , 2018 for the GR-44 WCR 49 ROADWAY
WEATHER INFORMATION SYSTEM as set out in the accompanying Bid.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the
Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in
lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the
proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid
immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform.
NOW THEREFORE, if the principal shall, within the period specified therefore:
A. On the attached prescribed forms presented to him for signature, enter into a written Contract with
the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and
sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful
performance and the proper fulfillment of said Contract, or
B. Withdraw said Bid within the time specified, or
C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty,
then this obligation shall be void and of no effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
day of , 2018 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned representative
pursuant to authority of its governing board.
Principal
Address
ATTEST:
By:
By:
Surety
ATTEST: Address
By:
BID NO # B1800100 Page 21
INSTRUCTIONS
The full firm name and residence of each individual party to the bond must be inserted in the first
paragraph.
If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which
must recite that they are partners composing the partnership (to be named), and all partners must
execute the bond as individuals.
The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and
the bond must be executed under the corporate seal of said party attested by its secretary or other
authorized officer.
Power of Attorney must accompany this bond when signed by other than an officer of either the principal or
surety.
A standard printed bond form may be used in lieu of the foregoing form provided that the security
stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form.
BID NO # B1800100 Page 22
Form W-9
(Rev. August 2013)
Deportment of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Speoitic Instructions on page 2.
Name (as shown on your income fax return)
Business name/disregarded entity rmnte, if different from above
Check appropriate lox fa ler.lad' tax clans :anion
❑ kalvtduatisole proprietor E C Corporation ❑ S Corporation E Partnership
i [ I ended liability company. Fobs rte tax daserficatirn (C_C corporation. S -S corporation, P_pertrrership)►
r] Other (see instructions) ►
Address (number. street. and apt. or suite no.)
City, state, and 7IP code
Trust/estate
' Requester's name and
Exemptions
Exempt payee
Exemption
code (d any)
address
(see instructions):
code (f any)
from f A ICA reporting
(optional)
11st account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, cr disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
17N an page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter,
on aeGautN nunxwr
Employer identification member
Part II
Certification
Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2 I am not subject to backup withholding because' (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, ix (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S citizen or other U.S. person (defined below), and
4 The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign Signature of
Here U.S. p.reon►
Date 1).
General Instructions
Section referenr;es are to the Internal flevcyxie Code unless otherwise• noted.
Future developments. the IRS has created a page en IHS.goe la nforrnatiorr
about Form W 9, at www.es.guv/w9. Information about any future developments
affecting I orm W 9 (such as legislation enacted after we release rt) wit be posted
en that pixie
Purpose of Form
A person who se required to file an information return with the. IRS must obtain your
correct taxpayer identification number (tiN) to rr*iat. for example, income paid to
you. payments made to you in settlement of payment card and third party network
transactions. real estate transactions. mortgage interest you paid, acqusitton or
abandonment of secured property, cancellation of debt, or co tribotion. you merle
to an In A.
Lisa Form W 9 only if you are a (I.S. person (eveuduig a rexidraN di,e,), Fr,
provide your cored I IN to the person requesting it (the requester) andwhen
applicable, he
1 Certify that the TIN you are yrviny n; ,,owed (or yrxi .ire ),dituuf to a nrulbel
to bra weirrel),
2. Certify that you are nut vtible =t to back({' wdMuildox4, or
3. Claim exemption from backup withholding it you arc a U.S. exempt payee. It
applicable, yrxi are also certiiyiriy that as a t l.S. person, your Allocable share of
any partnership vaxxne from a US trade or busirtes.s rs not Skilled er:t to ere
withholding tax on foreign partners' share of effectively connected income. and
4. Certify that FATCA rod((s) entered on this form at any) indicating that you are
eriranpt from the FAI(;A reporting, LS correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W 9 to request your TIN. you must use the requester's form if it is sutxrlantalty
similar to this Form W 9.
Definition of a U.S. person. For federal tax purposes. you are considered a U.S.
person it you are:
• An individual who Ls a U.S. citizen or U.S. resident alien,
• A pathrership. corporation. company, or association created or organized in the
l listed States es airier the laws of the Ikilted States,
• Air estate (other than a foreign estate). or
• A domestic trust (as claimed in Regulations section 301.7701.7).
Special rules for partnerships. Partnerships that conduct a trade or business n
the l hated Stat. are generally required to pay a withiuklunq tax under section
1446 on any foreign partners' share of effectively connected taxable income horn
such business. f urther, in certain rases where a I eon W.9 has not been received,
the rides under section 1446 require a partnership to presume that a partner is a
foreign personand pay the orclien 1446 withholding lax Therefore, if you are a
l lS wool fled is a pert' ter in a partnership Gau dirtine a trade or bireirless 111 the
United States, provide t ore W 9 to the partnership to establish your U.S. status
and avoid section 1.148 withholding on you share of partnership income.
cal No 10231X
Form W-9 (Rev a 2013)
BID NO # B1800100 Page 23
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI -COLLUSION AFFIDAVIT
AR; 1;E; :1' NA_.
n'A. 'ON
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that:
I. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B, Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
S. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high.
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. I have made a diligent inquiry of all members, officers. employees. and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation. of the true facts relating to submission of bids for this
contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
",,r1, P.,,,, '. 3'r, ^,.
..
L„,
_nv n,,:r,f'n, utr A r +'"3C53n,y "Pr"i ''l v.--,nr An1,r#
3V
[rU{in
Sworn to before me this day of,
20
NOTE: This document must be signed in ink.
CDOT Form 0606 I/0:
BID NO # B1800100
Page 24
COLORADO DEPARTMENT OF TRANSPORTATION
BIDDERS LIST
Project Name and Number
Project Code
Proposal Date
Contractor
Region
Subcontractors/Suppliers/Vendors: The bidder must list all firms seeking to participate on the contract. This information is used by the
Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to
submit this form may result in the proposal being rejected.
Firm Name
Email
Work Proposed
(Select all that apply)
DBE
(Y/N)
Selected
CON)
I certify that the information provided herein is true and correct to the best of my knowledge.
Name
Signature/Initials
Title
Date
Work Proposed categories: 11 Structural Steel and Steel Reinforcement 21 Clearing. Demolition. Excavation and
1 Materials and Supplies 12 Riprap and Anchored Retaining Walls Earthwork
2 Ragging and Traffic Control 13 Landscape and Erosion Control 22 Engineering and Surveyrng Services
3 Trucking and Hauling 14 Bridge and Bridge Deck Construction 23 Public Relations and Involvement
4 Precast Concrete. Foundations. and 15. Asphalt Paving 24 Piles and Deep Foundations
Footings 16 Road and Parking Lot Marking 25 Waste Management and Recycling
5 Concrete Paving Retrotork and Repair 17 Chip Seat Crack .Seel Joint Seal and 26 Site Clean Up
6 Lighting and Electrical Crack Fill 27 Mechanical and HVAC
7 Signs. Signal Installation and Guardrail la Bodge Painting and Coating 28 Tunnel Construction
8 Fencing 19 Stairway and Ornamental Metal 29 Profiling and Grinding
9 Buildings and Vertical Structures 20 Panting Lots and Commercial Sidewalks 30 Environmental Health and Safety
14) Utility Water and Sewer Lines
This form must be submitted by the proposal deadine. For COOT projects, submit to cdot_hq_dbeforms@state.co.us.
CDOT Form #1413 O1114
BID NO # B1800100
Page 25
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 Firm Name
Work to Be Performed
Commitment
Amount
Eligible
Participation
Total Eligible Participation
Total Bid Amount
Total Eligible Participation Percentage
Bidder grt attire
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_dbeforms@state.co.us.
Civil Rights and Business Resource Center CDOT Form # 1414 01/14
BID NO # B1800100
Page 26
NOTICE OF AWARD
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
To:
Project Description: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
The project in general consists of construction of a new bridge, demolition of an existing bridge,
realigning an existing intersection, and paving a new roadway. The project includes but is not limited to
the following work items: unclassified excavation, embankment, aggregate base course, hot mix
asphalt, the installation of reinforced concrete box culverts, and the construction of a new bridge.
The Owner has considered the Bid submitted by you for the above described Work in response to its
Invitation for Bids and Instructions to Bidders.
You are hereby notified that your Bid has been accepted in the amount of or as shown
in the Bid Schedule. You are required by the Instructions to Bidders to execute two originals of the
Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance
within five (5) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this
Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of
your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this day of , 2018
Weld County, Colorado, Owner
By:
Clay Kimmi, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this
day of , 2018
By: Title:
BID NO # B1800100 Page 27
WELD COUNTY AGREEMENT (SAMPLE) FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY &
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
THIS AGREEMENT is made and entered into this day of , 2018, by and
between the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County," and , [an individual], [a limited liability
partnership] [a limited liability company] [a corporation], who whose address is
hereinafter referred to as "Contractor".
WHEREAS, COOT and the FHWA have awarded the County a STIC grant to install a Roadway
Weather Information System (RWIS) at the northeast corner of CR 32 and CR 49 intersection,
(hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake
installation of the RWIS, 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. B1800100".
The RFB contains all the specific requirements of the County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms
Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A which is attached
hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County
Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the
services described on attached Exhibits A and B. Contractor shall faithfully perform the work in
accordance with the standards of professional care, skill, training, diligence and judgment provided
BID NO # B1800100 Page 28
by highly competent Contractors performing construction services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely completion, and
acknowledges that a failure to comply with the standards and requirements of Exhibits A and B
within the time limits prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the service
or work, by not more than thirty (30) days. Such extension shall not increase the compensation to
be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A and B. Both parties to this Agreement understand and agree that the laws of
the State of Colorado prohibit County from entering into Agreements which bind County for periods
longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this
Agreement, County shall notify Contractor if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon
a material breach of the terms of the Agreement. However, nothing herein shall be construed as
giving Contractor the right to provide materials (or services) under this Agreement beyond the time
when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not yet
been approved for payment; and (3) the cost of any work which the County approves in writing
which it determines is needed to accomplish an orderly termination of the work. County shall be
entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities
owned by County which Contractor is using, by whatever method it deems expedient; and,
Contractor shall deliver to County all drawings, drafts or other documents it has completed or
partially completed under this Agreement, together with all other items, materials and documents
which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described herein
properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
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.
BID NO # B1800100 Page 29
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than
$ , which is the bid set forth in Exhibit B. Contractor acknowledges no
payment in excess of that amount will be made by County unless a "change order" authorizing such
additional payment has been specifically approved by the Director of Weld County Public Works, or
by formal resolution of the Weld County Board of County Commissioners, as required pursuant to
the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall
County be liable for payment for services rendered and expenses incurred by Contractor under the
terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B.
Contactor acknowledges that any work it performs beyond that specifically authorized by County is
performed at Contractor's risk and without authorization under this Agreement. County shall not be
liable for the payment of taxes, late charges or penalties of any nature other than the compensation
stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect of
any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-
1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind
County to any agreement, liability or understanding, except as expressly set forth in this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Project without County's prior written consent,
which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject Project during the performance of this
Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be
assigned to the Project. Contractor shall require each subcontractor, as approved by County and to
the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the
terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward County. County shall have the right (but not
the obligation) to enforce the provisions of this Agreement against any subcontractor hired by
Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for
the acts and omissions of its agents, employees and subcontractors.
BID NO # B1800100 Page 30
9. Ownership. All work and information obtained by Contractor under this Agreement or individual
work order shall become or remain (as applicable), the property of County. In addition, all reports,
data, plans, drawings, records and computer files generated by Contractor in relation to this
Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such materials are in completed
form, shall at all times be considered the property of the County. Contractor shall not make use of
such material for purposes other than in connection with this Agreement without prior written
approval of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately
from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply
with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee
the confidentiality of all documents. Contractor agrees to keep confidential all of County's
confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such
confidential information to any other person or entity without seeking written permission from the
County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and
proprietary nature of this confidential information and of the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and workmanlike
manner, consistent with industry standards, and that all construction services will conform to
applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one-year warranty period during which Contractor must
correct any failures or deficiencies caused by contractor's workmanship or performance. This
warranty shall commence on the date of County's final inspection and acceptance of the Project.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to
County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County of reports, incidental material(s), and structures furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the
construction of the project. In no event shall any action by County hereunder constitute or be
construed to be a waiver by County of any breach of this Agreement or default which may then exist
on the part of Contractor, and County's action or inaction when any such breach or default shall
exist shall not impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent, expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other
breach. Acceptance by the County of, or payment for, the construction completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or
under the law generally.
13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must
secure, at or before the time of execution of any agreement or commencement of any work, the
following insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at all times
during the term of the Agreement, or any extension thereof, and during any warranty period. The
required insurance shall be underwritten by an insurer licensed to do business in Colorado and
BID NO # B1800100 Page 31
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 the Contractor's Contract Professional's employees acting within the course
BID NO # B1800100 Page 32
and scope of their employment. Policy shall contain a waiver of subrogation against the County.
This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate
sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising
injury, fire damage, independent Contractors, products and completed operations, blanket
contractual liability, personal injury, and liability assumed under an insured contract. The policy shall
be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG
2037 Additional Insured for products/completed operations, and 3) the Designated Construction
Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the
following additional insured language on the additional insured endorsements specified above:
"Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers named as an additional insured with
respect to liability and defense of suits arising out of the activities performed by, or on behalf of the
Contractor, including completed operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
$50,000 any one fire; and
$5,000 Medical payment one person
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for vehicles
owned, hired, and non -owned vehicles used in the performance of this Contract.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional
liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the
contract date or the first date when any goods or services were provided to County, whichever is
earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement as
the same may be extended as herein provided, a commercial general liability insurance policy,
including public liability and property damage, in form and company acceptable to and approved by
said Administrator, covering all operations hereunder set forth in the related Bid or Request for
Proposal.
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.
BID NO # B1800100 Page 33
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contractor/Contract Professional's insurer shall name County, State of
Colorado, and CDOT as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall be subject to
all the requirements herein and shall procure and maintain the same coverages required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under
its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the County.
Contractors Pollution Liability (Not Required for this Project)
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 (Optional for this
Project)
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
BID NO # B1800100 Page 34
such insurance, until final payment has been made or until no person or entity other than the
County 's has insurable interest in the property to be covered, whichever is later.
(c) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated
or associate entities, the General Contractor, subcontractors and sub -tier contractors in the
Project.
(d) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and
shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings,
transit, debris removal including demolition, increased cost of construction, architect's fees
and expenses, flood (including water damage), earthquake, and if applicable, all below and
above ground structures, piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and excavation, backfilling, filling,
and grading.
(e) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically
permit occupancy of the building during construction. County Contractor shall take
reasonable steps to obtain consent of the insurance company and delete any provisions with
regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The
Builder's Risk Policy shall remain in force until acceptance of the project by the County.
(f) 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. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may
be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of Contractor, involving all
matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, and all
necessary and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to County
Representative. The County Representative for purposes of this Agreement is hereby identified as,
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
BID NO # B1800100 Page 35
b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed
to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is
required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor:
Attn.:
Address:
Address:
E-mail:
Facsimile:
Coun :
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
Clay Kimmi, P.E.
Senior Engineer
P.O. Box 758
1111 H Street, Greeley, CO. 80632-758
ckimmi@weldgov.com
(970) 304-6497
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable
to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter
of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that
would in any manner or degree interfere with the performance of Contractor's services and
Contractor shall not employ any person having such known interests. During the term of this
BID NO # B1800100 Page 36
Agreement, Contractor shall not engage in any in any business or personal activities or practices or
maintain any relationships which actually conflicts with or in any way appear to conflict with the full
performance of its obligations under this Agreement. Failure by Contractor to ensure compliance
with this provision may result, in County's sole discretion, in immediate termination of this
Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a
County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall
be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who will perform work under this
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
BID NO # B1800100 Page 37
contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new
employee to perform work under the contract, affirm that Contractor has examined the legal work
status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Contractor shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee, and shall comply with all
the other requirements of the State of Colorado program. If Contractor fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential
damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty
of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United
States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado
Department of Transportation "Standard Specifications for Road and Bridge Construction" and the
Colorado Department of Transportation Standard Plans "M & S Standards" establish the
requirements for all work performed by Contractor under this Agreement, and Contractor agrees to
meet or exceed all standards set by these publications. Contractor further acknowledges and
agrees that a failure to meet the standards set by these publications may result in withholding by
County of some or all the Contract Amount.
30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required
by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates.
(If compliance with this statute is required by County under this Agreement, a copy of the
information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.)
31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor
certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty
percent of the work under this Contract. "Colorado labor" means any person who is a resident of
the state of Colorado at the time of the public works project, who can provide a valid Colorado
driver's license, a valid Colorado state -issued photo identification, or documentation that he or she
BID NO # B1800100 Page 38
has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the
eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado
labor is available to perform the work, and this requirement would create an undue burden that
would substantially prevent the work from proceeding to completion. This section shall not apply to
any project which is funded in whole or in part with federal funds, or where otherwise contrary to
federal law.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with
the attached Exhibits A and B, is the complete and exclusive statement of agreement between the
parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
2018.
CONTRACTOR:
By: Date:
Name:
Title:
WELD COUNTY:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Steve Moreno, Chair
BID NO # B1800100 Page 39
PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
Address of Contractor)
, hereinafter
called Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars, ($
). in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain
Contract with the Owner, dated the day of , 2018, a copy of which is hereto
attached and made a part hereof for the construction of:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term
thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred
under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the Work to be
performed thereunder of the Specifications accompanying the same shall in any way affect its obligation
on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the Work or to the Specifications.
BID NO # B1800100 Page 40
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall
be deemed an
original, this day of , 2018.
Contractor
(Contractor) Secretary
(SEAL)
(Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Attorney -in -Fact
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
Project is located.
BID NO # B1800100 Page 41
LABOR & MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter
called Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars ($
), in lawful money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain
Contract with the Owner, dated the day of , 2018, a copy
of which is hereto attached and made a part hereof for the construction of:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100.
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms,
Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the
Work provided for in such contract, and any authorized extension or modification thereof, including all
amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such Work, and all insurance premiums on
said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this
obligation shall be void,; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the Work to be
performed thereunder of the Specifications accompanying the same shall in any way affect its obligation
on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract or to the Work or to the Specifications.
BID NO # B1800100 Page 42
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be
deemed an original,
this day of 2018.
Contractor
By
(Contractor) Secretary
(SEAL)
(Witness as to Contractor) (Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Witness as to Surety Attorney -in -Fact
(Address) (Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current
list (Circular 570 as amended) and be authorized to transact business in the State where the Project is
located.
BID NO # B1800100 Page 43
NOTICE TO PROCEED
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
To: Date:
Name of Project:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100.
You are hereby notified to commence Work in accordance with the Agreement dated . The
date of completion of all Work is therefore
By
Clay Kimmi, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this day of , 2018.
By
Title
BID NO # B1800100 Page 44
CHANGE ORDER NO. (EXAMPLE)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
Date:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100
Owner: Weld County, Colorado
Contractor:
The following change is hereby made to the Contract Documents:
CHANGE TO CONTRACT PRICE:
Original Contract Price:
Current Contract Price adjusted by previous Change Order:
The Contract Price due to this Change Order will be increased by:
The New Contract Price, including this Change Order, will be:
CHANGE TO CONTRACT TIME:
The Contract Time will be increased by calendar days.
The date for completion of all Work will be
RECOMMENDED:
Owner Representative: Date:
Clay Kimmi, P.E. (Senior Engineer)
APPROVALS:
CONTRACTOR:
Name: Date:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Chairperson
BID NO # B1800100 Page 45
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100
Contractor:
Contract For: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the Invitation
for Bids, Bid No. B1800100 Contract Dated:
This Certificate of Substantial Completion applies to all Work that has been sufficiently completed in
accordance with the Contract Documents and as modified by any change orders agreed to by the parties,
so that the County and/or Owner can utilize the project for the use for which it was intended, except for the
following specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of the Owner,
Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents on
Date of Substantial Completion
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in
accordance with the Contract Documents. The items in the list shall be completed or corrected by the
Contractor within 14 days of the above date of Substantial Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
BID NO # B1800100 Page 46
LIEN WAIVER (GENERAL CONTRACTOR)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
TO: Weld County Public Works
Attn: Clay Kimmi, P.E., Senior Engineer
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its
heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for
material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration,
addition to or repair of the structures or improvements described in the Contract Documents as:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100
Contractor:
(If no legal description is shown following the description of Project, we acknowledge that the foregoing is an
adequate description of the real properties and improvements inasmuch as the foregoing is the description
given in the Contract Documents which govern the performance of the Work for which consideration has
been received.)
In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on
our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for
payment has been made.
We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers,
employees, servants and agents or subcontractors arising from our Work on the Project, and we further
agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including
reasonable attorney fees, which they may incur as a result of such claims.
Contractor
By:
Title:
Date:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2018.
by
My commission expires:
Notary Public
BID NO # B1800100 Page 47
FINAL LIEN WAIVER (SUBCONTRACTORS)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
To All Whom It May Concern:
WHEREAS, the undersigned has been employed by (A)
to furnish labor and materials for (B)
work, under a contract (C) _
for the improvement of the premises
described as (D)
County of
State of of which
is the Owner.
NOW, THEREFORE, this day of
2018, for and in consideration of the sum of (E) Dollars paid
simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the
undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on
said above described premises, and the improvements thereon, and on the monies or other
considerations due or to become due from the Owner, on account of labor, services, material, fixtures,
apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the
above described premises by virtue of said contract.
(F)
(SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
(SEAL)
(Signature of Authorized Representative)
Title:
INSTRUCTIONS FOR FINAL WAIVER
(A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
(B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
(C) If you have more than one contract on the same premises, describe the contract by number if
available, date and extent of work.
(D) Furnish an accurate enough description of the improvement and location of the premises so that it
can be distinguished from any other property.
(E) Amount shown should be the amount actually received and equal to total amount of contract as
adjusted.
(F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of
officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should
be used, partner should sign and designate himself as partner.
BID NO # B1800100 Page 48
NOTICE OF FINAL ACCEPTANCE
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
TO: Date:
RE: PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100
This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the
Contract
Documents and is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work
and materials incorporated into this Project. Such guarantee shall begin on the date of this
acceptance.
By:
Clay Kimmi, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by:
Dated this day of
By
(Contractor)
Title
2018.
BID NO # B1800100 Page 49
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
Project #
1. List names of partnerships or joint ventures fl none
2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement
submitted to CDOT (Attach additional sheets if necessary )
a Key personnel changes C none
b. Key equipment changes p none
c. Fiscal capability changes (legal actions, etc ) r none
d Other changes that may effect the contractors ability to perform work. [ none
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE
OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE
Contractor's firm or company name
,
By
Date
Title
2nd Contractor's firm or company name (if joint venture)
By
Date
Title
CDOT Form #605 1192
BID NO # B1800100
Page 50
F1;,�.frrr N
COLORADO DEPARTMENT OF TRANSPORTATION
ASSIGNMENT OF ANTITRUST CLAIMS
Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice
antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder
1 Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter
accrue to it under federal or state antitrust laws in connection with the particular project, goods or services
purchased or acquired by CDOT pursuant to this contract
2. Contractor hereby expressly agrees
a That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's
behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately
advise in writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph
a, (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT,
b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated
to CDOT hereunder; and
c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to COOT hereunder.
3 Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties
under the contract, Contractor shall require that each such subcontractor:
a Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may
have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec-
tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga-
tions to Contractor;
b Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf
asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in
writing
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with
subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to CDOT;
c Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
COOT hereunder; and
d Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims
2nd ..rrtra, ter,, r... ,, :,, E 3n., ",3m', (If In ",
T fac
COOT Form 4921 12191
BID NO # B1800100
Page 51
COLORADO DEPARTMENT OF TRANSPORTATION
COMMITMENT CONFIRMATION
SECTION 1. This section must be completed by the Contractor.
Project:
Project Code:
Bidder/Contractor:
Phone:
Contact
Email:
DBE Firm Name:
DBE Phone:
DBE Address:
DBE Email:
Commitment Details
Category
Work to be Performed
DBE Work Code(s)
Commitment
Amount
Eligible
Participation
Construction
Trucking
Supplies
Services
Total
This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of
perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete,
true and accurate to the best of your knowledge.
Bidder/Contractor Representative
Title
Signature
Date
SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary).
This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is
making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more,
and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered.
Are you contracting directly with the Bidder/Contractor or with
one of its subcontractors? If with a subcontractor, provide the
firm name.
Will you be purchasing supplies or materials or leasing or
renting equipment from the Bidder/Contractor or its
subcontractors? If so, explain.
Do you intend to subcontract any portion of the work listed
above? If yes, state to which firms, what work and the
approximate amount. Include trucking subcontractors and
owner -operators.
Will you be providing trucking services on this project? If so,
state how many of your own trucks and employees you will have
on this project.
Who within your firm will be supervising and responsible for your
firm's work on this project?
Will you be acting as a broker on this project? If so, state what
you will be brokering and your approximate brokerage fee.
Will you be acting as a supplier on this project? If so, please
state what you will be supplying and whether you will
manufacture the items.
1 of 2
CDOT Form # 1415 01/14
BID NO # B1800100
Page 52
This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in
the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and
to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and
have the capacity to perform the work as stated.
DBE Representative
Title
Signature
Date
See the DBE Standard Special provision for additional information on completing and submitting this form.
Pre -award CDOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)757-9019. All
originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222.
Pre -award local agency projects: Submit this form to the local agency. All originals must be sent to: CDOT Civil Rights and
Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222.
2 of 2 CD0T Form #141501114
BID NO # B1800100 Page 53
COLORADO DEPARTMENT OF TRANSPORTATION
GOOD FAITH EFFORT REPORT
Section 1. Contractor and Project Information
Bidder.
Project:
Address'
Project Code:
Contact Name:
Proposal Amount:
Contact Phone:
Contract Goal Percentage:
Contact Email:
Contract Goal Dollar Value:
Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor
Quote Summary) Provide any supporting documentation which demonstrates your good faith efforts
a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform; how much
and what work you intend to subcontract, what work areas were identified as subcontracting opportunities for DBEs. and the approximate number
of DBEs per area.
b. Describe your efforts to obtain DBE participation (i.e how you attempted to execute your plan or approach to meeting the contract goal).
Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications. and/or
communication with minority and other organizations that you conducted to reach OBEs (state date(s), location and audience); other efforts you
made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors.
modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone
shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2
c. If the eligible participation submitted on the Form 1414 was miscalculated. determined to be invalid, or otherwise did not meet the contract
goal. provide your justification for such deficiencies and the remedies you have taken or intend to take to avoid the issue in the future. If you have
obtained any additional commitments since submission of the bid, attach the Form 1415(5) and the reason why such commitments were not
obtained prior to the proposal due date.
Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract
goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation,
even if not fully successful. 49 CFR Part 26. Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to
the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE
participation on this contract.
If, at any time, CDOT has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false
statements. COOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action
under 49 CFR Part 31. Program Fraud and Civil Remedies. and/or refer the matter to the Department of Justice or Office of the Inspector General
for criminal prosecution under 18 U S.C. 1001, which prohibits false statements in Federal program
By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached
supporting documentation.
I, , am the of
Representative Name Title Company
I have the authority to make this affidavit for and on behalf of my company. All information provided
company's good faith efforts is true and accurate to the best of my belief.
herein and attached as evidence of my
SEAL
Signature Date
Notarization: Must be completed by a licensed notary.
County of State of
Subscribed and sworn
Notary Signature
Notary Address
before me this day of
COOT projects: Submit this form and all supporting documentation to the COOT Civil Rights and Business Resource Center via fax to (303)757-
90019 All originals must be sent to. CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150. Denver, CO 80222.
Local agency projects: Submit this form and all supporting documentation to the local agency All originals must be sent to: COOT Civil
Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222
Page I of 2
CDOT Form #1416 01
BID NO # B1800100
Page 54
Subcontractor Quote Summary (Attach additional pages if necessary.)
Subcontractor
DBE
(Y/N)
Work Type(s)
Quote Amount
Selected
(Y/N)
Reason
Page 2 of 2
CDOT Form #1416 01
BID NO # B1800100
Page 55
PROJECT SPECIAL PROVISIONS
WELD COUNTY PUBLIC WORKS DEPARTMENT
The Colorado Department of Transportation 2017 Standard Specifications for Road and Bridge
Construction (as amended), the latest edition of the CDOT Field Materials Manual (as amended), and the
latest edition of the CDOT Construction Manual (as amended) provide the standards and specifications for
the construction of this project. The latest revisions to formerly issued Standard Special Provisions (SSP)
that modify the CDOT 2017 Standard Specifications for Road and Bridge Construction are hereby
incorporated by reference. The following special provisions supplement or modify the Standard
Specifications and take precedence over the Standard Specifications and plans.
PROJECT SPECIAL PROVISIONS INDEX
Date
Pages
Notice to Bidders
(April 2018)
57
Commencement and Completion of Work
(April 2018)
58
Disadvantaged Business Enterprise (DBE) Contract Goal
(April 2018)
59
On the Job Training
(April 2018)
60
Revision of Section 101 — Definition of Terms
(April 2018)
61
Revision of Section 102 — Bidding Requirements and Conditions
(April 2018)
62
Revision of Section 103 — Consideration of Proposals
(April 2018)
63
Revision of Section 104 - Scope of Work
(April 2018)
64-65
Revision of Section 105 — Control of Work
(April 2018)
66-69
Revision of Section 107 — Legal Relations and Public Responsibility
(April 2018)
70-71
Revision of Section 108 — Prosecution and Progress
(April 2018)
72-73
Revision of Section 109 — Measurement and Payment
(April 2018)
74-75
Revision of Section 201 — Clearing and Grubbing
(April 2018)
76
Revision of Section 207 — Topsoil
(April 2018)
77-78
Revision of Section 208 — Erosion Control
(April 2018)
79
Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner and
Sodding
(April 2018)
80-83
Revision of Section 213 — Mulching
(April 2018)
84
Revision of Section 412 — Portland Cement Paving
(April 2018)
85
Revision of 613 & 715 — Electrical Conduit
(April 2018)
86-88
Revision of Section 614 — RWIS Cabinet and RPU
(April 2018)
89-92
Revision of Section 614 — RWIS Sensor
(April 2018)
93-96
Revision of Section 614 — Grounding and Bonding
(April 2018)
97-100
Revision of Section 614 — RWIS System Commissioning & Testing
(April 2018)
101-102
Revision of Section 614 — Closed Circuit Television
(April 2018)
103-104
Revision of Section 614 — Category 5E Cable
(April 2018)
105
Revision of Section 626 — Mobilization
(April 2018)
106
Force Account Items
(April 2018)
107
Traffic Control Plan — General
(April 2018)
108
Utilities Coordination
(April 2018)
109
BID NO # B1800100
Page 56
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5
percent of the Contractor's total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the
work site and plan details with an authorized Department representative. Prospective bidders shall
contact one of the following listed authorized Department representatives at least 12 hours in advance
of the time they wish to go over the project.
Information regarding the project may be obtained from the following authorized representatives.
Clay Kimmi, P.E. Senior Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-400-3741
ckimmiaweldgov.com
Don Dunker, P.E. County Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-400-3749
ddunkeraweldgov.com
The above referenced individuals are the only representatives with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
A mandatory pre -bid conference will be held at 10:00 a.m., on Monday, June 11, 2018, at the
Weld County Public Works Building. The Public Works Building is located at 1111 H Street in
Greeley, CO. Bidders must participate and record their presence at the pre -bid conference to be
allowed to submit bids.
Questions received from bidders along with Weld County responses will be posted on the Weld County
web site listed below as they become available.
http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids
If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary
means and methods, phasing, scheduling, or other aspects of construction of the project, the Project
Engineer will address the question or clarification. The Engineer will keep the bidder's innovation
confidential and will not share this information with other bidders.
The Engineer will determine whether questions are innovative or proprietary in nature. If the Engineer
determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the
bidder withdraws the question, the Engineer will not answer the question and the question will not be
documented on the web site. If the bidder does not withdraw the question, the question will be
answered, and both the question and answer will be posted on the web site. If the Engineer agrees that
a question warrants confidentiality, the Engineer will answer the question, and keep both question and
answer confidential. Weld County will keep a record of both question and answer in their confidential
file.
All questions shall be directed to the contacts listed above no later than 7:00 A.M., Friday June 15,
2018. Final questions and answers will be posted no later than the morning of June 18, 2018
END OF SECTION
BID NO # B1800100 Page 57
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and
will complete all work by December 31, 2018 unless the period for completion is extended otherwise by the
County. The work is a completion date contract. One calendar day of contract time will be assessed for
each calendar day from the date that Contract time starts excluding Saturdays, Sundays, and holidays
(except with written approval). No weather days or less than full time charges days will be granted in this
contract.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Salient features to be shown on the Contractor's Progress Schedule are:
1. Mobilization
2. Clearing and Grubbing
3. Erosion Control Installations
4. Traffic Control
5. RWIS Construction
6. RWIS Software Installation and Training
7. RWIS Testing
8. Project Completion
Revisions to the salient features may be made with the approval of the Project Engineer. All paperwork
required shall be submitted prior to beginning the work.
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to
submit a reasonable schedule as required may result in the County withholding payment to the Contractor.
END OF SECTION
BID NO # B1800100 Page 58
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:
Four Percent (4%) DBE participation
END OF SECTION
BID NO # B1800100 Page 59
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 (zero) hours.
END OF SECTION
BID NO # B1800100 Page 60
1
REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the work required under this
contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and
Bridge Construction" dated 2017. Where the Project Special Provisions and the CDOT Specifications
contradict one another, the more stringent specification shall apply.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have
different meanings within the scope of this Contract. A summary of redefinitions follows:
Subsection 101.10 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld
County Public Works Department.
Subsection 101.28: "Department" shall mean the Weld County Public Works Department.
Subsection 101.29:"Chief Engineer" shall mean the Weld County Public Works Director or designated
representative.
Subsection 101.36: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 101.48:"CDOT project personnel" shall mean personnel 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 101.76:"State" shall mean Weld County.
END OF SECTION
BID NO # B1800100 Page 61
1
REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.02 shall be revised as follows:
In the first paragraph, delete "The Department will publish bidding opportunities to prospective bidders
on the CDOT Business Center website." and replace with "The Department will publish bidding
opportunities to prospective bidders on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids.
Delete the second paragraph and replace with:
"All bidders on the projects shall submit bids by the following method:
Bid Delivery to Weld County:
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. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope
with the bid title and bid number on it. Please address to: Weld County Purchasing Department,
1150 O Street, Room #107 Greeley, CO 80631."
Subsection 102.05 shall include the following:
After the proposals have been opened, the low responsible bidder may obtain electronic sets of plans
and special provisions at no cost from Weld County. Subcontractors and suppliers may obtain plans
from the successful bidder.
END SECTION
BID NO # 61800100 Page 62
1
REVISION OF SECTION 103
CONSIDERATION OF PROPOSALS
Section 103 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 103.01 and replace with the following:
103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be
evaluated and the Contract awarded or rejected in accordance with the "Rules" referenced in
subsection 102.01
The low responsible bidder shall submit a completed CONTRACTORS PERFORMANCE CAPABILITY
STATEMENT, Form 605, and a completed ASSIGNMENT OF ANTITRUST CLAIMS, Form 621 to the
Award Officer prior to 4:30 P.M. on the fifth calendar day after the bid opening.
Failure to submit the Forms 605 and 621 may result in the denial of award to the apparent low
responsible bidder and forfeiture of the proposal guaranty.
END OF SECTION
BID NO # B1800100 Page 63
1
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Delete Subsection 104.02(a) and replace as follows:
It is the County's expectation to complete this project with no change orders resulting in additional cost
unless such change orders are initiated by the County. Change orders for differing site conditions will be
entertained by the County in the event of extraordinary circumstances. However, the County is under no
obligation to approve said change orders. No cost change orders, reduction in cost change orders, and
County initiated change orders may occur.
The Contractor shall not be entitled to a to a change order for Differing Site Conditions. By way of example,
Differing Site Conditions included but are not limited to:
1. Encountering groundwater.
2. Discovery of debris (buried or unburied within the ROW).
3. Existing asphalt thicknesses that are different than expected.
4. Lack of on -site appropriate strength materials.
5. Increased costs due to relocations of utilities and/or oil and gas facilities.
6. Increased costs due to ROW or easement acquisitions.
7. Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure.
8. Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells.
9. Suitable soils for structural foundations.
10. Unsuitable materials excavation.
11. High water levels in the river for extended periods of time.
During the progress of work, if extraordinary conditions are the party discovering such conditions shall
promptly notify the other party in writing of the specific conditions before the site is disturbed and the
affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition
is an extraordinary circumstance, and that it could not reasonably worked around the condition so as to
avoid additional costs. Each request for a change order relating to a differing site condition shall be
accompanied by a statement signed by a qualified professions setting forth all relevant assumptions made
by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions,
explaining exactly how the existing conditions are eligible for a change order under the terms of the
Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction
solutions to eliminate or minimize the problem and the associated costs.
Upon written notifications, the Engineer will investigate the conditions, and determine if an extraordinary
condition exists that will cause an increase or decrease in the cost or time required for the performance of
any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract
modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not
an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the
Contractor will be allowed unless the Contractor has provided the required written notice.
Subsection 104.02(c) shall be revised as follows:
(1) When the character of the work as altered differs materially in kind or nature from that involved or
included in the original proposed construction.
BID NO # B1800100 Page 64
2
REVISION OF SECTION 104
SCOPE OF WORK
And
(2) When a major item of work is increased in excess of 150 percent or decreased below 50 percent of the
original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in
excess of 150 percent of original contract item quantity, or in case of a decrease below 50 percent, to
the actual amount of work performed. A major item is defined to be any item having an original contract
value in excess of 10 percent of the original contract amount.
Subsection 104.05 the provisions regarding rights in and use of Materials found on the Work are
replaced with the following:
The Contractor shall not excavate or remove any Material from within the roadway, which is not within the
grading limits, as indicated by the slope and grade lines, without authorization from the Inspector.
Subsection 104.06 shall be revised to include the following:
Any excess soil materials generated from excavation shall become the property of the Contractor and shall
be hauled to a disposal site approved by the Weld County Inspector. Backfill areas shall be graded such
that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise
directed by the Engineer.
The Contractor shall be responsible for removing all construction debris and trash from the jobsite on a daily
basis. Any construction debris and trash which may be washed away shall be located, removed, and
disposed of away from the site at a certified landfill location.
Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of immediately. The
Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous
materials channel.
Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows:
Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in
the Basis of Payment section of this specification. VECPs shall be submitted prior to the start of
construction activities relating to the VECP.
Subsection 104.07(d)(2) shall be deleted and replaced as follows:
2. For all VECPs, the incentive payment shall be calculated as follows:
(gross cost of deleted work) — (gross cost of added work) = (gross savings)
(gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) =
(net savings)
Contractor's total incentive = (net savings)/2
Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be
reimbursable only for outside consultant costs that are verified by certified billings. Weld County's
engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house
personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per
employee. Project personnel assigned to the field office or who work on the project on a regular basis shall
not be included in Weld County's portion of the costs.
BID NO # B1800100 Page 65
1
REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for the project as follows:
Subsection 105.01 the provisions regarding Authority of the Engineer shall include the
following:
Weld County has the authority by written order to suspend the Work wholly or in part for the reasons
delineated in the Contract Documents.
All employees shall have the skill and experience and any licenses or certifications required to perform
the Work assigned to them. If the County determines in its sole discretion that any Person employed by
the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the
written request of the County, the Contractor or such Subcontractor shall remove such Person and such
Person shall not be re-employed on the Project without the prior written approval of the County. If the
Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and
experienced personnel for the proper performance of the Work, then the County may, in its sole
discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to
the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in
the Contract Documents or entitle the Contractor to a Change Order.
Weld County in its sole discretion may require the Contractor to replace project management staff
(Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all of
the Contractor's subcontractors. At the written request of the County, the Contractor or such
Subcontractor shall remove such Person and such Person shall not be re-employed on the Project
without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove
such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by
delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve
the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a
Change Order.
Subsection 105.02 the provisions regarding Plans, Shop Drawings, Working Drawings, other
Submittals and Construction Drawings shall include the following:
Provisions regarding plans, shop drawings, working drawings and construction documents are set forth
in the Contract Documents.
Subsection 105.03 the provisions regarding conformity to the Contract are revised as follows:
When the Engineer or Weld County finds the Materials furnished, Work performed, or the finished
product are not in conformity with the Contract Documents, and Weld County determines, in its sole
discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be
removed and replaced or otherwise corrected by and at the expense of the Contractor.
Materials will be sampled and tested by the Contractor in accordance with the sampling and testing
schedules and procedures contained in the Contract Documents. The quantity represented by five
consecutive random samples will constitute a lot whenever production schedules and Material continuity
permit. The Engineer may establish a lot consisting of the quantity represented by any number of
consecutive random samples from one to seven inclusive when it is necessary to represent short
BID NO # B1800100 Page 66
2
REVISION OF SECTION 105
CONTROL OF WORK
production runs, significant Material changes, or other unusual characteristics of the Work. Tests that
are determined to have sampling or testing errors will not be used.
The Contractor will not have the option of accepting a price reduction in lieu of producing Material that
complies with the Contract Documents. Continued production of nonconforming Material will not be
permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without
regard to sampling sequence or location within a lot. Rejected material shall be removed at the
Contractor's expense.
Subsection 105.03 the two paragraphs and the Multiplier for Price Reductions for Miscellaneous
Items table following the TABLE OF PRICE REDUCTION FACTORS and starting with "If P is less
..." shall be deleted and replaced as follows:
If P is a negative number quantity, the material will be accepted as being in conformity. In cases where
one or more elements show a positive P value, such positive values will be added and the resulting sum
will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer
may require correction or may accept the material at a reduced price. If P is greater than 25, the
Engineer may: (1) require complete removal and replacement with specification material at no
additional cost to the Department; (2) require corrective action to bring the material into conformity at no
additional cost to the Department; or (3) where the finished product is found to be capable of performing
the intended purpose and the value of the finished product is not affected, permit the Contractor to
leave the material in place with an appropriate price reduction to be based on engineering evaluation
but not to be less than that which have occurred had a reduction been made where P=25.
If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0
(zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the
following table:
Multiplier for Price Reduction for Miscellaneous Items
em
Nu
Description
Element
Multiplier
( )tmber
206
Structural Backfill
Gradation
4.0
304
Aggregate Base
Course
Gradation
4.0
403
Hot Mix Asphalt
Hydrated Lime
Gradation
4.0
Subsection 105.07(b)(3) shall be revised as follows: Delete the last sentence of the tenth paragraph
and replace with the following:
"Within 24 hours after each profile is collected, the Contractor shall submit the data electronically to the
Project Engineer and Project Inspector."
Subsection 105.08(a)(3) shall be revised as follows: Delete the third sentence and replace with the
following:
"The Contractor shall submit the data electronically to the Project Engineer and Project Inspector."
BID NO # B1800100
Page 67
3
REVISION OF SECTION 105
CONTROL OF WORK
Subsection 105.09 shall be revised as follows: Delete subsections 105.09 (and replace with the
following:
These specifications, the supplemental specifications, the plans, special provisions, and all supplementary
documents are essential parts of the Contract, and a requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide for a complete work.
In the event of a discrepancy, the order of precedence is as follows:
(a) Contract Documents including Exhibits, Addenda, and Appendices
(b) Special Provisions
i. Weld County Project Special Provisions
ii. Weld County Standard Special Provisions
iii. CDOT Project Special Provisions
iv. CDOT Standard Special Provisions
(c) CDOT Standard Specifications
(d) Plans
Detailed Plans
ii. Standard Plans
iii. Calculated dimensions will govern over scaled dimensions
(e) In the event of a discrepancy between the same level of precedence, the most stringent
shall apply.
Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the
Contract Documents, the County shall have the right to determine, in its sole discretion, which
requirement(s) apply. The Contractor shall request the County's determination respecting the order of
precedence among conflicting provisions promptly upon becoming aware of any such conflict.
The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear
that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract
Documents, the Contractor shall immediately notify the Project Manager in writing for further written
explanations as may be necessary and shall conform to the explanation provided. The Contractor shall
promptly notify the Project Manager of all error which it may discover in the Contract Documents, and shall
obtain specific instructions in writing regarding any such error before proceeding with the work affected
thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of
the Contract.
The fact that the Contract Documents omit or mis-describe any details of any work which is necessary to
carry out the intent of the Contract Documents, that are customarily performed under similar circumstances,
shall not relieve the Contractor from performing such omitted work or mis-described details of the work, and
they shall be performed as if fully and correctly set forth and described in the Contract Documents, without
entitlement to a change order except as specifically allowed.
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any
claims filed by the Contractor. Weld County will be the responsible party to such claims.
Subsection 105.24 is amended as follows:
BID NO # B1800100 Page 68
4
REVISION OF SECTION 105
CONTROL OF WORK
Delete all references to CDOT and replace with Weld County.
Delete: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County
Court for the City and County of Denver.
Replace with: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the
County Court for Weld County.
Subsection 105.24(c) is amended as follows:
Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222
Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632
Subsection 105.24(f) is amended as follows:
In the third paragraph delete "the City and County of Denver"
Replace with: "Weld County"
In the fourth paragraph delete "Denver District Court"
Replace with: "Weld County District Court"
END OF SECTION
BID NO # B1800100 Page 69
1
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Section 107 of the Standard Specifications is hereby revised for the project as follows:
Subsection 107.01 shall include the following after the first paragraph:
Failure to comply with all contractual obligations may lead to the suspension, debarment or both of the
Contractor as stipulated in the "Rules".
Subsection 107.06 shall be revised to include the following:
The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance
of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety, as determined under construction safety and health standards (Rules and
Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended).
All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations
and with OSHA requirements.
Subsection 107.15 shall be revised to include the following:
For this project, the insurance certificates shall name Weld County (Weld) and CDOT as additionally
insured parties.
Subsection 107.17 shall be revised to include the following before the first paragraph:
The Contractor shall assess and understand the risk of working within a waterway. Such risks include but
are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible
for constructing and maintaining all temporary facilities within the waterway such as cofferdams and
diversion of channel flows. Such work shall be subsidiary to other items of work.
Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the
work..." and replace with the following:
Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or
negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado,
or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County.
Subsection 107.19 shall be revised to include the following:
The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or
park any construction equipment or vehicles on private property. The Contractor shall conduct their work
within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County
right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting
Technician, 970-304-6496.
The Contractor's attention is directed to this subsection:
Subsection 107.25 shall be revised to include the following prior to the first sentence:
BID NO # B1800100 Page 70
2
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
The requirements as called out in this subsection will be strictly enforced.
Subsection 107.25(c) shall include the following:
The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be obtained
by the Contractor. The Contractor shall be responsible for complying with the applicable requirements
of this permit. Per 107.25(d)(2), should any fines be levied by CDPHE, the Contractor shall be
responsible for all such fines. The Contractor shall provide an Erosion Control Supervisor (ECS) for this
project.
Delete Subsection 107.25(c)(1), Paragraph 5 and replace with the following:
The Engineer will coordinate with the County to perform regular inspections of the corrective work. The
completed action items associated with the corrective work shall be shown as completed on the Punch List.
Upon completion of all items shown, the Contractor shall submit the completed Punch List to the Engineer
for review. Upon written approval of the Punch List, the Contractor shall submit the "Application for Transfer
of Ownership for All Permits, Certifications, and Authorizations" to the CDPHE requesting transfer of
ownership of the CDPS-SCP to Weld County Public Works.
END OF SECTION
BID NO # B1800100 Page 71
1
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.01 shall include the following:
Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the
subcontractor, and if necessary, the Contractor as stipulated in the "Rules".
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts.
As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed
under the Contract and are to be included in all subcontracts with the following modification:
The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA)
requirements, shall submit all payrolls and Contractor Fringe Benefit Statements.
Subsection 108.03(b) shall include the following after the first paragraph:
The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work.
The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the
Schedule is accepted in writing, unless otherwise approved by the Engineer.
Delete the second paragraph starting with "The Contractor shall not carry on construction..." in
subsection 108.08 and replace with the following:
The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless
previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall
not perform construction operations on any three or four -day holiday weekend without prior written approval.
Requests for weekend construction operations shall be presented in writing to the Project Manager and
Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be
performed. Written requests received after the deadline will be reviewed on a case by case basis. The
Project Manager and Inspector Supervisor are not required to provide written approval for weekend
inspectable construction operations requests.
In the event, the weekend construction operations involve inspectable work (operations requiring a
construction inspector), the Contractor shall provide a credit on the next pay application to the County. The
amount credited shall be $200.00 for the first 4 hours and $50.00 per hour per day thereafter for each
Inspector required to perform inspections on the inspectable work.
Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction
operations may resume after the holiday weekend has passed. The Contractor shall only make emergency
repairs and provide proper protection of the work and the traveling public on the holiday weekend days.
Delete subsection 108.08(a)(2), and replace with the following:
BID NO # 61800100 Page 72
2
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will
be assessed for each calendar day from the date that Contract time starts. Calendar Day Contracts have
been adjusted prior to bid advertisement to account for no work on Saturdays, Sundays, and holidays by
increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no
inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval
has been granted. No weather days or less than full time charges days will be granted in this contract.
Delete subsection 108.08(b), and replace with the following:
When the Contract specifies a completion date, all work under the Contract shall be completed on or
before the date specified. As stated in subsection 108.08, no inspectable construction operations shall
occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No extension of
the completion date will be allowed for inclement weather, foreseeable causes, or conditions under the
control of the Contractor. If all work under the Contract is not completed on or before the specified
completion date, contract time will be assessed for each additional calendar day in accordance with
subsection 108.8(a)(2).
Completion Date Contracts have been adjusted prior to bid advertisement to account for Saturdays,
Sundays, and holidays by adjusting the completion date by the appropriate number of days. No weather
days shall be given.
Subsection 108.09 shall include the following after the first paragraph:
This project has grant deadlines associated with it. Upon issuance of the Notice of Final Acceptance, the
Contractor shall submit all required paperwork required to close out the project within 20 days. Failure to
provide the required paperwork will result in the assessment of liquidated damages as outlined below.
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Liquidated Damages per Calendar Day ($)
,r
plus 400 Per
R
or
t Thereof Over 10,t
�Q ;
END OF SECTION
BID NO # B1800100
Page 73
1
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for the project as follows:
In subsection 109.01 add the following paragraph after the 17th paragraph:
All materials (304 - Class 6 Base Course, 403 HMA, etc.) delivered to the project site that have been
weighed by a certified scale, will be issued tickets by the source certified weigh master. These tickets will be
collected and compiled by a representative of the Contractor at the projects placement site. Tickets will be
made available for inspection during placement to the Engineer or Inspector at all times. The Contractor will
submit, in an envelope, within 48 hours of material placement, the following:
- Truck Tare List
-Original Scale Tickets
- Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative
Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet
submitted by the contractor. Contractor will be made aware of any discrepancy immediately by the
inspector.
Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For material
quantity submittals beyond this 48 hours, a price reduction on the material in question will occur as follows:
less than 24 hours
25 - 48 hours
48 hours to 72 hours
Greater than 72 hours
2%
5%
25%
100%
In Subsection 109.01 after the last paragraph add the following:
The following work will not be measured and paid for separately but shall be included in applicable unit
prices for which the work is required. The list below is not all-inclusive and there may be other items which
are considered incidental to the project:
1. Earthwork requiring more than one handling
2. New materials (if required) for resetting fences
3. Fine grading
4. Soil conditioner
5. Fertilizer
6. Staging areas
7. Additional temporary construction easements if desired by the Contractor
8. Coordination with utility companies
9. All water
Subsection 109.06(a) — Delete the second sentence beginning with "The amount retained......", and
replace with the following:
The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract
amount. No retainage shall be released prior to Final Acceptance.
Subsection 109.06 (e) shall include the following after the first paragraph:
BID NO # B1800100 Page 74
2
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule
updates, in accordance with subsections 108.03 (b) or 108.03 (c)(3). Failure to submit a complete and
accurate Form 1418 shall be grounds for County to withhold subsequent payments or retainage to the
Contractor.
In Subsection 109.07 — Delete and replace with the following:
Partial monthly payments to the Contractor for completed work will include payment only for materials
actually incorporated in the work unless otherwise approved by the Engineer.
END OF SECTION
BID NO # B1800100 Page 75
1
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.02 shall be revised to include the following:
This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other
vegetation or organics that interferes with the work.
This work shall include removal and disposal of all minor items for which there is no specific "removal
bid item", including but not limited to wooden posts, metal posts, fence posts, concrete and metal
drainage items. Also included in this bid item is the removal of the following items:
This work shall include removal of:
1. All trash, glass, cans, barrels, construction materials, and any other non -organic materials that
interferes with the work.
2. All foundations, pavements, utility poles, fences, underground utilities, and other deleterious
materials.
Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to
this bid item.
END OF SECTION
BID NO # B1800100 Page 76
1
REVISION OF SECTION 207
TOPSOIL
Section 207 of the Standard Specifications is hereby revised for this project as follows:
Subsection 207.01 shall include the following:
This work consists of removing existing on -site topsoil material, stockpiling the existing topsoil material
and redistributing the existing topsoil material onto the re -graded slopes at a depth of four (4) inches
minimum. The topsoil material shall be generally evenly distributed throughout the project limits. Any
excess topsoil generated from this project shall become the property of the Contractor and shall be
hauled off the Project.
Subsection 207.02(a) shall be added:
The source of topsoil for this project is undesignated. Topsoil salvaged from the project site must be
amended/conditioned to meet the requirements of this specification.
The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well
composted organic matter. Any organic amendments shall include the following:
An organic product containing a mixture of well-rotted/composted cow or sheep manure and or
composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not
acceptable). Organic product that has been aerobically and naturally processed in such a manner as to
maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period
of time that is long enough to accomplish the following specifications:
1. The windrows of composted organic amendment (cow or sheep manure) have to be composted
for 70 to 90 days. Certification must be provided to prove the product has gone through this
process.
2. Eradicate harmful pathogens including coliform bacteria.
3. Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful
to growth.
4. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1.
5. Contain no solid particle greater than 13 mm 1/2 in diameter.
6. Have a non -offensive smell like fresh turned soil.
7. Contain no significant level of dirt or soil and contain a maximum of 30% composted wood
residue (pine or aspen wood) (saw dust is unacceptable).
8. The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less
than 30%.
9. Soluble salts shall not be greater than 3mmhos/cm.
Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the
extracting solution used by CSU Soil Testing Laboratory).
Nitrogen
5 ppm Air Dried Basis
Phosphorus
5 ppm
Potassium
30 ppm
Iron (Fe)
5 ppm
BID NO # B1800100 Page 77
2
REVISION OF SECTION 207
TOPSOIL
Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in
saturation extract shall be less than 3 mmhos/cm.
Subsection 207.04 replace the last paragraph with the following:
Imported Topsoil and Topsoil salvaged from the roadways that meets the requirements of Section 207
will be measured by the cubic yard. The volume of Topsoil will be determined by measuring the area in
which the Topsoil is placed and multiplying the area by 0.33 feet.
Subsection 207.04 shall include the following:
The addition of manure or soil amendments needed to bring the topsoil into conformance with the
specifications will not be measured and paid for separately, but shall be included in the work. Stockpile
topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately,
but shall be included in the cost of the work.
Topsoil will not be re -measured, but payment shall be based on the quantity identified in the bid
tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved
Change Order.
Loading and hauling to redistribute stockpiled topsoil uniformly throughout the project limits shall not be
measured and paid for separately, but shall be included in the work.
Subsection 207.05 shall include the following:
Payment for Topsoil shall include imported Topsoil and Topsoil salvaged from the roadways and placed
in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. Salvaged
Topsoil shall meet the requirements of this specification. All materials and work required to amend
salvaged Topsoil so that it meets the requirements of Section 207 shall be included in the unit price bid
for Topsoil. All work required for Topsoil shall be included in the unit price bid.
Payment will be made under:
Pay Item Pay Unit
Stockpile Topsoil
Redistribute Topsoil (4" thick)
Cubic Yard
Cubic Yard
END OF SECTION
BID NO # B1800100 Page 78
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REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Subsection 208.11 shall include the following:
All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length
will not include required overlap.
All BMPs measured by the square yard shall not include the required overlap.
Erosion Control Management will be measured as Lump Sum.
Subsection 208.12 shall include the following:
Pay Item Pay Unit
Erosion Control Management Lump Sum
END OF SECTION
BID NO # B1800100 Page 79
1
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby added for this project as follows:
In Subsection 212.02(a) delete second paragraph beginning with "Seed types..." and replace
with:
SEEDING
Mycorrhiza shall be added to the seed mix at time of seeding as a seed coating. The rate will be at two
(2) pounds per acre of seed. Unless specified otherwise. The Contractor will supply the Project Manager
with information on the source and type of Mycorrhiza being used. Cost to add Mycorrhiza shall be
included in bid unit price of the placement.
SEED MIXTURE
Common Name
Pounds
PLS/Acre
Western wheatgrass (Arriba, Barton, Rosana)
2.50
Blue Grama (Hachital, Lovington)
1.50
Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell)
2.25
Smooth Brome (Lincoln, Manchar)
2.00
Sand dropseed
0.25
Perennial Ryegrass (Calibra or Garibaldi tetraploid)
0.75
Slender Wheatgrass (Pryor, Revenue, or San Luis)
2.50
Alkaligrass (Fults II, Salt on Sea)
1.25
Switchgrass (Nebraska 28, Blackwell)
1.50
Total
14.00
Sterile Wheat will be added to the Seed Mixtures as a nurse crop at a rate of 15 PLS per acre.
Seeding rates shall be doubled when placed by Hydraulic Seeding, cost include in the unit bid price for
the placement. Native grass seeding shall be done using a Native Grass Drill. The sterile wheat shall
be done using a Grain Drill.
In subsection 212.03 delete the seeding seasons table and replace it with the following:
Zone
Spring Seeding
Fall Seeding
Below
6000' .
April 1st or thaw to May
15th
November 1st to December 15th or until consistent ground
freeze
Section 212.06 shall be modified to include the following:
Soil in all areas to receive native seed shall be fertilized and conditioned.
(a) Fertilizing and Soil Conditioning. Soil in all areas to receive native seed shall be fertilized and
conditioned. For soil preparation of native grass areas, the fertilizer shall be a complete starter fertilizer
having the chemical analysis of 8% Nitrogen, 2% Phosphoric Acid, and 1% Potassium or an approved
equivalent. The soil conditioner shall be an approved hydraulic growth medium (HGM) as outlined in
this section.
BID NO # B1800100
Page 80
2
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
HGMs are composed from a combination of thermally and mechanically processed straw and
flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing
additives. HGMs shall be based on their composition for different soil building, vegetation
establishment and erosion control characteristics. All materials shall be prepackaged and at no time
shall it be allowed for onsite mixing of fiber materials.
The HGM shall be used to provide a substance on or in which plants can be grown, for seed
germination, plant growth/establishment and soil -building characteristics in conditions of marginal or
extremely poor soils where there is minimal to no organic matter present.
HGMs shall be applied according the manufacturer's recommendation. Special application rate
considerations are required depending on environmental and soil conditions along with erosion
potential on the site.
Organic Fiber Materials - At no time will field mixing of organic fiber materials be allowed.
The HGM shall be a minimum of 40% by volume of thermally and mechanically processed straw,
flexible flax fibers; a minimum of 58% by volume of sphagnum peat moss or compost, and a
minimum of 2% by volume of addition materials that provides plant derived valuable trace minerals,
sugars, starches, proteins, fiber and 16 amino acids, growth stimulant/regulator, and mycorrhiza
inoculants.
Soil Chemistry Materials
Soil chemistry and stabilizer shall be a composition of materials made from long chain polymer and
cross -linking molecules in conjunction with a hydrocolloid vegetable gum based bonding agent.
Submittals
The Contractor shall submit the Application Rates Guide, Installation and Mixing Instructions, and
Product Specifications to the Engineer for approval. The Contractor shall submit a letter of
certification from the Manufacturer or Representative that the products meet or exceed all material
composition requirements, laboratory testing properties, and product packaging requirements.
Certification shall detail that the straw or fiber was processed at over 160 degrees Fahrenheit to
ensure material is weed free.
Delivery, Storage, and Handling
All materials shall be delivered in ultraviolet and weather resistant factory labeled packages.
Material shall be store in a cool dry place away from open flames ensuring strict adherence to
manufacturer recommendations.
Installation
A. Strictly comply with manufacturer's installation instructions and recommendations.
B. Mixing:
1. Fill hydro -seeder tank with water to a level where the paddles are 1/4 covered and may be
activated.
2. Activate the mechanical agitation system.
3. Prime pump and any discharge hoses before adding any HGMs.
BID NO # 61800100 Page 81
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REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
4. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the
site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior
to adding HGMs. See manufacturer application rate chart for amounts of specific Soil
Stabilizer & Tackifier and HGMs.
5. Continue filling tank with water to approximately 3 full and begin adding bags of HGMs.
6. All quantity of HGMs should be added before the water level reaches 85% of the tanks
capacity.
7. Add seed and/or other amendments to slurry as required.
8. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all
HGMs are mixed into a consistent slurry.
C. Application:
1. Prior to application and mixing of the HGM, the site shall be measured and marked to known
areas to ensure appropriate seed, amendment, and HGMs application rates.
2. Bring hydro -seeder to appropriate operating speed and agitator speed for slurry application.
3. Apply in a consistent and even manner across soil surface.
4. Apply from opposite directions to ensure the highest level of coverage, effectiveness, and
performance.
5. If you need to stop spraying at any time, close the spray nozzle at the end of the hose to avoid
water draining from the hose. If you are using a tower applicator, stop normally and upon restart
remove the spray tip, discharge a small amount of HGMs, replace the tip and return to applying
the product.
6. Tillage of HGM into subsoil strictly not recommended in any situation.
Cleaning
Clean equipment per the equipment manufacturer's recommendations.
Fertilizer and soil conditioner shall be scarified and turned under the area designated to be seeded to a
depth of four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass
area at the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring
tooth harrow or other suitable equipment. Apply the soil conditioner in the native grass area at the
recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow
or other suitable equipment. All seeded areas will then be raked and rolled to the desired finished
grades with gently sloping surfaces to adequately drain all surface water runoff.
(c) Seeding. Grade seeding areas to a smooth, even surface with a loose, uniformly fine texture. Roll, rake
and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that
can be planted within 24 hours after fine grading has been completed. No additional payment will be made
if the Contractor has to complete fine grading or for fine grading more than one time.
Subsection 212.07 shall be revised as the following:
No separate measurement and payment will be made for fine grading, fertilizer, and soil conditioning for
seeding. This work shall be included in the Unit Price bid for seeding. The unit price paid for seeding shall
include all the Contractor's costs including all labor, material, equipment and incidentals required to install
seed, mulch, and mulch tackifier.
BID NO # B1800100 Page 82
4
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Subsection 212.08 shall include the following:
Payment for seeding shall be full compensation for all work necessary to complete the seeding. The actual
quantity will be measured in -place by the County.
Payment will be made under:
Pay Item
Seeding (Native)
Seeding (Sterile Wheat)
Hydraulic Growth Medium
Pay Unit
Acre
Acre
Square Yard
END OF SECTION
BID NO # B1800100 Page 83
1
REVISION OF SECTION 213
MULCHING
Section 213 of the Standard Specifications is hereby revised for this project as follows:
In subsection 213.04, Delete the second paragraph and replace with the following:
The quantity of hydro -mulch and tackifier will not be measured separately, but will be included in the
measurement for seeding.
In subsection 213.05, add the following:
Mulching (Hydro -mulch with Tackifier) shall be considered incidental to seeding (native).
END OF SECTION
BID NO # B1800100 Page 84
1
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVING
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Subsection 412.01 shall include the following:
In order to install the passive in -pavement sensor within the concrete roadway, the Contractor will have
to saw cut a joint in which the sensor cable will have to be installed. The joint shall be repaired and
sealed in accordance with this specification.
Subsection 412.23 shall include the following:
The joint repair and sealing shall be incidental to the placement of the sensor and will not be paid for
separately.
END OF SECTION
BID NO # B1800100 Page 85
1
REVISION OF SECTION 613 AND 715
ELECTRICAL CONDUIT
Section 613 of the Standard Specifications is hereby revised for this project as follows:
Subsection 613.01 shall include the following:
This work includes furnishing and installing either HDPE or PVC electrical conduit. All materials
furnished, assembled, fabricated and installed under this item shall be new, corrosion resistant and in
strict accordance with the plan sheets and these Special Provisions. In the case of conflicting
requirements, the more stringent of the requirements shall apply.
Delete subsection 715.06 and replace with the following:
All conduit shall be Schedule 80 and shall be compliant with all ASTM and Bellcore TW-NWT-000356
requirements.
All HDPE conduit shall be factory lubricated, low friction, high -density conduit constructed of virgin
high- density polyethylene resin. Conduit shall be capable of being coiled on reels in continuous
lengths, transported, stored outdoors, and subsequently uncoiled for installation, without affecting its
properties or performance.
PVC conduit shall be certified by the manufacturer as meeting ANSI/UL 6 and 651. The manufacturer
shall be ISO 9000 compliant.
Electrical Conduit (Plastic) shall be PVC or HDPE and installed by direct burial methods such as plowing,
open trenching, or other excavation methods.
Each individual conduit shall be equipped with pull tape embedded with a 12 -gauge tracer wire. The
pull tape shall have a minimum tensile strength of 1800 lbs. and be of a design and manufacture that
prevents cutting or burning into the conduit during cable installation. Each trench shall have an
appropriately colored Electrical Warning Tape installed above the conduit, one foot below finished grade.
The installation of conduit shall be performed in such a manner as to avoid unnecessary damage to
streets, sidewalks, utilities, landscaping, and sprinkler systems. Excavations and conduit installation shall
be performed in a continuous operation. All trenches shall be backfilled by the end of a shift. The
material from trenching operations shall be placed in a location that will not cause damage or obstruction
to vehicular or pedestrian traffic or interfere with surface drainage.
The following conduit colors shall be used so that the contents can be easily identified. If more than
three conduits are installed, then the other colors shall be grey and blue:
1. Conduit for fiber —Orange
2. Conduit for power —Red
3. Conduit for other —Black
4. Conduit for future use —Grey
5. Conduit for future use —Blue
Subsection 613.03 shall include the following:
BID NO # B1800100 Page 86
2
REVISION OF SECTION 613 AND 715
ELECTRICAL CONDUIT
The Contractor shall take all necessary precautions to avoid heaving any existing asphalt/concrete mat
or over- excavating a trench, whether caused by equipment directly or by dislodging rocks and
boulders. Any such heaving or over -excavation shall be repaired or replaced at the Contractor's
expense. The Contractor shall bear the cost of backfilling all over -excavated areas with the appropriate
backfill material as approved by the Project Engineer.
The Contractor shall restore all surface materials to their preconstruction condition or better, including
but not limited to pavement, sidewalks, sprinkler systems, landscaping, shrubs, sod, barrow ditches, or
native vegetation that is disturbed by the conduit installation operation. All repairs shall be included in the
cost of the conduit.
If the Contractor is unable to bore the conduit at the lengths shown on the plans from access point to
access point, all splice couplings and associated work to splice conduit shall be included in the cost of
this item. The coupling technology shall allow the conduit to be connected without the need for special
tools, and shall form a watertight, airtight seal. Breaking force between segments shall exceed 250
pounds of force. No metal fittings shall be allowed. No elevation difference between the conduit run
and the conduit splice location will be allowed. Conduit splices shall be kept to a minimum and all
locations shall be approved by the Project Engineer. Additional pull boxes shall not be substituted for
splices.
Conduit plugs shall be supplied and installed in all conduit ends as soon as the conduit is installed,
even if the production stops mid -trench or the pull box or manhole has not yet been installed. Conduit
shall be plugged at all termination points such as pull boxes, manholes, controller cabinets, and node
buildings. All plugs shall be correctly sized to fit the conduit being plugged. Empty conduits shall be
sealed with removable mechanical type duct plugs that provide a watertight barrier and are equipped
with a rope tie on the inside end for connection of the pull tape. No foam sealant or duct tape will be
allowed. All plugs and sealant shall be approved prior to construction.
All conduits shall use sweeps to elevate the buried conduits to the final grade within a pull box or
manhole, as shown in the plans. The sweeps shall be terminated within the pull boxes and
manholes to allow for easy installation and removal of the conduit plugs. The sweeps shall be set
above the ground surface within the pull box at a height that does not interfere with the coiling of the
cable.
All conduit runs are intended for the installation of cable and shall have a limited number of bends. The
sum of the individual conduit bends on a single conduit run between two pull boxes, manholes,
controller cabinets or buildings shall not exceed 270°. No individual bend shall be greater than 45°.
Where new conduits are installed in existing pull boxes, manholes or cabinet bases the Contractor shall
carefully excavate around the pull box or manhole and install the new conduit as shown in the plans.
The Contractor shall not damage the existing pull box, manhole or their contents. If the existing pull box,
lid, or the concrete collars are cracked or damaged during conduit installation, the Contractor shall
restore the damaged section to preconstruction condition at no additional cost.
For conduit installed in trenches, warning tape shall be installed above the conduit, one foot below finished
grade.
BID NO # B1800100 Page 87
3
REVISION OF SECTION 613 AND 715
ELECTRICAL CONDUIT
In subsection 613.11 delete paragraph 6 and replace with the following:
Electrical Conduit will be measured by the actual number of linear feet that are installed and accepted.
Conduit shall also include anchors, bands, skids, sweeps, pull tape, copper tracer wire, warning tape,
adapters, fittings, conduit plugs, installation equipment, splice couplings, mounting brackets and
hardware, structure anchors, adhesives, labor, and all other items necessary to complete the work.
Subsection 613.12 shall include the following:
Electrical Conduit contract unit price shall be full compensation for work described above, specified in the
plans, and complete and in place. Payment will be made under:
Pay Item
2 Inch Electrical Conduit (Plastic)
Pay Unit
Linear Foot
END OF SECTION
BID NO # B1800100 Page 88
1
REVISION OF SECTION 614
RWIS CABINET & RPU
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.01 shall include the following:
The Contractor shall furnish and install Roadway Weather Information Systems (RWIS) to monitor
weather conditions at the location(s) as shown on the project plans. This work includes furnishing,
installing, and commissioning a RWIS Cabinet and a RWIS Remote Processing Unit (RPU) on tower(s),
as specified on the plans. The RWIS will include pavement sensors, pavement temperature probes,
and complete weather station to monitor wind speed/direction, air temperature/relative humidity, and
other items defined in this Item. The system will be specifically designed for monitoring and displaying
pavement surface conditions, pavement temperature, freeze point temperature, and subsurface
temperature. Passive in -pavement sensors will be installed at the RWIS site(s) to monitor roadway
surface status conditions including dry, wet, chemical wet, ice watch and ice warning.
Atmospheric/meteorological conditions monitored shall include the following; air temperature, relative
humidity, barometric pressure, precipitation occurrence sensor, wind speed, and wind direction. The
information from the RWIS site(s) shall be sent to a centralized computer system hosted by a third party
via cellular phone or land line, where the data shall be presented to the County's operations staff initially
via vendor hosted software.
The RWIS software shall meet the minimum specifications outlined below:
• Contractor hosted and cloud -based;
• Individual usernames and passwords for user access;
• Application Programming Interface (API) to allow for the County to configure it;
• Web -based interface with scalable or ability to show multiple maps;
• Data that is archived and easily retrievable for future use;
• Ability to allow user to set alarms and send notifications to a group;
• Ability to collect data from multiple sources/formats such as NWS, ALERT, USGS,
NTCIP/RWIS, etc.;
• Mobile access from a cell phone and from a laptop computer with internet access;
• Ability to run customized data analysis and reporting tools; and
• Ability to display forecast data provided by a third -party forecaster.
The RWIS will include all hardware, software, and licenses to operate as follows:
• Passive in -pavement surface sensors will measure roadway pavement status, pavement surface
temperature, water film thickness, freezing point, residual salt, and salt quantity. The passive in -
pavement sensor shall communicate the data to the Remote Processing Unit (RPU).
• Roadway atmospheric sensors will measure their respective weather parameters and
communicate the data from each to the RPU.
• Atmospheric weather sensors will measure their respective weather parameters and
communicate the data from each to the RPU.
• The RPU will acquire data from all connected sensors. The RPU will process and temporarily
store the output from the pavement sensors and atmospheric sensors.
• The RWIS server will poll the RPU of each local RWIS system on a scheduled basis. The RPU
will respond to the poll and transfer all its data to the RWIS server.
BID NO # B1800100 Page 89
2
REVISION OF SECTION 614
RWIS CABINET & RPU
• All data transfers between the RWIS server and local RWIS will be compliant with the most
current Federal standard NTCIP/ESS protocols.
• The RWIS user displays will include all sensor data in a Windows based Graphical User
Interface or browser -based data display format.
The Contractor shall furnish all labor and materials to furnish the County with access to the proposed
RWIS sensors shown in the plans via the Contractor's hosted software package for one (1) year
following acceptance of the RWIS Sensors, including telemetry, hardware, or cabling required for
remote access (i.e. cellular, land line, etc.) to the sites by Weld County for one (1) year following
acceptance.
Subsection 614.02 shall include the following:
All equipment offered by the bidder shall be new; shall not be used, rebuilt, refurbished; shall not have
been used as demonstration equipment, and shall not have been placed anywhere for evaluation
purposes. The Contractor shall furnish all labor and materials necessary for the RWIS Remote
Processing Unit (RPU) to communicate locally with each RWIS Sensor shown on the plans. The RPU
shall be Open Protocol allowing for interoperability and connectivity. The RPU shall be expandable to
accommodate additional sensors if future needs arise.
The contractor shall make the appropriate arrangements with the power service provider for the
installation of 110 VAC service to the RPU power disconnects. The arrangements include but are not
limited to: coordinating with the electric company to arrange for power and a meter, obtaining the
required building permits, having a licensed electrical contractor install all wiring from the power pole to
the RWIS tower, etc. Primary power is to be installed to the RPU and fused for 15 amps, with voltage
surge protection. United Power has an overhead distribution line within 150 ft of the proposed RWIS
location. Power shall be placed in a 2 -inch conduit as specified in the Revision to Section 613 of the
Standard Specifications.
The RPU will operate in a range of 100-130 VAC at 50-60 Hz and will use not more than approximately
50 watts of continuous power (excluding options). The Contractor shall be responsible for all ongoing
monthly electricity costs of all new equipment installed under this Project until Final Acceptance.
Battery backup shall be provided to power the RPU for a minimum of 72 hours in the event of loss of AC
service. The battery backup shall be housed in the RWIS cabinet. The RPU shall have also utilize a
solar panel which is capable of charging the battery backup. The solar panel shall be mounted to the
fold -over tower and shall not interfere with the collection of the RWIS sensor data. The solar panel and
battery backup shall be sized for only the required equipment. Optional equipment does not need to be
used in the solar panel sizing calculations.
The RPU shall be Internet Protocol (IP) addressable to facilitate remote access over the IP
communications devices shown. The RWIS RPU requires cellular or land line communications at the
proposed RWIS site. The RPU shall support at least two parallel communications lines out from the
station. Communications devices shall be Ethernet based to ensure reliable operation. The RPU shall
have two Ethernet networks (one for internal communications and one for external communications).
Possible expansion modules shall be Ethernet based to ensure reliable and fast internal
communications.
BID NO # B1800100 Page 90
3
REVISION OF SECTION 614
RWIS CABINET & RPU
The RPU communications devices shall support dual SIM usage for data transmission purposes. The
RPU shall support direct Ethernet connection. The RPU shall have built-in WLAN interface for locate
maintenance purposes. The RPU shall have a user definable time-out for WLAN broadcasting to
prevent unintentional use of WLAN.
If cellular communications are provided, the devices shall support 2.5G/3G/4G networks. If cellular
communications are provided, the RPU shall have a combination antenna for cellular, WLAN, and GPS
communication.
CenturyLink has a 25 -pair copper cable located on the east side of CR 49 north of CR 32. CenturyLink
has indicated the copper cable can feed T1 lines. The pedestal is within 150 feet of the proposed
RWIS location. The RPU shall be compliant with the most current NTCIP/ESS protocols and shall
support standardized communications protocols for sensors from various manufacturers.
The RPU shall include a minimum of two 10/100 Ethernet ports, serial and analog inputs to comply
with the provided sensor configurations while still being expandable for future sensors and
video/camera feeds. The inputs shall be configurable for RS -232, RS -485 two -wire, or RS -485 four -
wire. Ethernet interfaces shall support Power over Ethernet (PoE) functionality. All circuitry of the
RPU, the voltage inputs, the sensor inputs, and the communications ports shall be designed and
tested to provide transient voltage and surge protection.
The Contractor shall furnish all labor and materials, components, and wiring required to provide an
operational system per the manufacturer's recommendations.
The Contractor shall install the heavy-duty fold -over tower, base assembly, concrete footing, and
concrete pad. The tower shall come equipped with a concrete footing section, hinge base assembly,
fold -over assembly, antenna mast mounting kit with a minimum of a 4 -foot mast, lightning rod,
grounding kit, grounding rods, and winch.
The tower shall be hinged approximately 10 feet above grade to allow the upper portion of the tower to
be lowered by one person. The fold -over device shall be with an installed hand operated winch.
When the tower is folded, it must fold over in the north or south direction so its remains in the County
ROW. The tower shall be installed on a concrete foundation in accordance with the manufacture's
recommendations.
The RWIS Cabinet shall be an IP66 or NEMA 4X rated lockable enclosure that is resistant to weather,
sunshine, de-icing chemicals, corrosion, damage from falling debris (ice, small rocks, tree branches,
etc.), and vandalism. The RWIS Cabinet shall include all manufacturer -recommended mounting
hardware to attach the RWIS Cabinet securely to a 30 -foot heavy duty fold -over tower with anti -climb
panels. The RWIS cabinet door shall be equipped with a wind lock to keep the door in the open
position during maintenance activities.
The RWIS Cabinet shall not have external connectors for sensors or other equipment which may
cause excessive corrosion or malfunctions.
BID NO # B1800100 Page 91
4
REVISION OF SECTION 614
RWIS CABINET & RPU
The Contractor shall use stainless steel nuts and bolts to attach the RWIS Cabinet mounting kit to the
tower. The RWIS Cabinet shall have the mounting backplate included. The RWIS Cabinet shall
house all RPU electronics, power supplies, and communication equipment.
Subsection 614.09 shall include the following:
For the installation of RWIS Cabinet, RPU and tower, the Contractor shall adhere to the
manufacturer's recommendations.
Where shown on the plans, proposed RWIS Cabinets shall be mounted to the tower at a location
accessible to a maintenance technician without the use of a ladder or other vehicle, and as approved
by the Project Engineer. The RWIS Cabinet shall not interfere with existing signage.
As shown on the plans, the Contractor shall install the proper number and size of power conductors
from the RWIS Cabinet to the existing power source, as shown on the plans, including the addition of a
new circuit breaker, sized in accordance with the National Electric Code.
Contractor is expected to drill new holes when required. Prior to pulling the power or data cables, the
Contractor shall clean the edges and remove all burrs or sharp edges of new and existing holes which
could damage the power conductors. After installing the conductor(s), the hole shall be sealed to
prevent the intrusion of moisture into the RWIS cabinet.
Subsection 614.13 shall include the following:
RWIS RPU, RWIS Cabinet, and RWIS Tower will be measured by the number installed and accepted.
The RWIS Contractor Hosted Software will be measured by the number installed and accepted.
Subsection 614.14 shall include the following:
The RWIS RPU, RWIS Cabinet and RWIS Tower will each be paid for at the contract unit price for the
pay item listed below upon completion of installation. RWIS RPU, RWIS Cabinet, RWIS Tower, and
RWIS Software contract unit prices shall be full compensation for work described above and as
specified in the plans.
Payment will be made under:
Pay Item Pay Unit
RWIS RPU Each
RWIS Cabinet Each
RWIS Tower Each
RWIS Contractor Hosted Software Each
The RWIS RPU shall include the cost of the land line or cellular phone modem. The RWIS Tower shall
include the cost of the antenna and antenna mast. The RWIS Tower shall include the cost of getting
power and communications to the tower.
END OF SECTION
BID NO # B1800100 Page 92
1
REVISION TO SECTION 614
RWIS SENSOR
Section 614 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 614.01 shall include the following:
This work consists of furnishing and installing RWIS Sensors as shown on the plans.
Subsection 614.02 shall include the following:
RWIS Sensors called for in the plans shall consist of the following devices:
Passive In -Pavement Sensor
• Pavement Status — dry, moist, wet, snow/frost, ice, slush, etc.
• Pavement Surface Temperature — Range: -40° to 167° F, Accuracy: ±0.2° F from -4° to 68° F,
Resolution: 0.1° F
• Freezing Point Temperature — Range: -22° to 32° F, Accuracy: ±0.9° F from -27.5° to 32° F
otherwise 20%, Resolution: 0.1° F
• Water Film Thickness — Range: 0.02 to 0.2 inches, Accuracy: 0.02 inches to 0.12 inches,
Resolution: 0.0004 inches
• Residue Salt — Range 0% to 100%, Accuracy ±15%, Resolution: 1%
• Communication — RS -485, open protocol
• Outer Sensor Casing for Quick Replacement — Required
• Sensor cable
The assembly surrounding the surface sensor shall be comprised of materials that have thermal
characteristics similar to the pavement materials at the sensor location (concrete pavement). The
sensor shall be supplied with an appropriate length of cable that is electronically shielded, waterproof,
and sealed. If an armored cable is used, the armored cable shall be bonded and grounded in
accordance with 614.10(c). The saw cut joint and sensor cable shall be flooded with a sealant
approved by the County.
Air Temperature/Relative Humidity Sensor
• Air Temperature — Range; -40° to 140° F, Accuracy: ±0.18° at 73.4° F
• Humidity — Range: 0 to 100% non -condensing, Accuracy: ±0.8% at 73.4° F
• Operating Voltage: 5 to 24 Vdc
• Naturally aspirated solar radiation shield for the sensor and tower mounting hardware
• Sensor cable
Wind Speed/Wind Direction Sensor
• Wind Speed — Range: 0 to 168 mph, Accuracy: ±2% or 0.2 mph at 67 mph, Resolution: 0.02
mph
• Wind Direction — Range: 0 to 360 degrees, Accuracy: ±2 degrees, Resolution: 0.1 degree
• Sensor Type: Ultrasonic technology with no moving parts
• Tower mounting hardware
• Protection from sitting birds
• Sensor cable
BID NO # B1800100 Page 93
2
REVISION TO SECTION 614
RWIS SENSOR
Present Weather Sensor
• Identify rain, drizzle, mixed rain/snow, snow, fog, mist, haze, or clarity (clear)
• Measures precipitation intensity and accumulation
• Visibility — Range: 32 to 6500 ft, Accuracy: ±10%
• Tower mounting hardware
• Sensor cable
• Maintenance free/low maintenance
Barometric Pressure
• Pressure Range: 200 mB span
• Mounting hardware
• Sensor cable
Solar Panel
The solar panel shall be sufficiently sized to charge the battery backup which shall provide power for up
to 72 hours in the event of a power outage. The solar panel and battery backup shall be sized for only
the required equipment. Optional equipment such as the CCTV does not need to be used in the solar
panel sizing calculations. The solar panel shall be mounted to the fold -over tower and shall not interfere
with the collection of the RWIS sensor data.
The sensor specifications above are the minimum specifications required. The Contractor may provide
sensors that exceed the minimum specifications at no additional cost to the project.
The Contractor shall furnish all labor and materials necessary to mount the RWIS Sensors at locations
shown on the plans and integrate RWIS Sensors into the proposed RWIS RPU, per the
manufacturer's recommendations. The Contractor is responsible for using the appropriate
communication protocol based on the RWIS RPU to RWIS Sensor connection to maximize
communications reliability.
All sensor communication and power cables connecting the sensor to the RWIS RPU shall be
shielded, with ultraviolet (UV) stable jacket rated for outdoor use. The Contractor is responsible for
providing the correct length cable based on the planned installation taking into account additional cable
lengths required for the fold -over tower. All sensor cables connecting to the RWIS RPU shall be
secured to themselves and the structure every three feet. Cables shall enter the RWIS Cabinet
through watertight ports, be labeled by sensor type, and connect to the appropriate port on the RPU.
The Contractor shall furnish all labor and materials, components, and wiring required to provide an
operational system per the manufacturer's recommendations. The Contractor shall ground each
RWIS Sensor and shall install lightning arrestors, as per the RWIS manufacturer's recommendations.
Subsection 614.09 shall include the following:
For the installation of RWIS Sensors, the Contractor shall adhere to the manufacturer's
recommendations, plans and specifications, and all federal, state, and local codes and requirements
including grounding. All installation of the RWIS sensors shall be done in a neat and professional
manner. All cabling shall be labeled in the RWIS Cabinet and shall be bundled and stressed. The
BID NO # B1800100 Page 94
3
REVISION TO SECTION 614
RWIS SENSOR
RWIS sensors shall not be installed in such a manner that interferes with the site distance triangle at
the intersection.
The Contractor shall be responsible for any damage to County owned property which is the result of
negligence on the part of the Contractor or Sub -Contractor.
The Contractor shall be responsible for providing all required traffic control and safety work zones for
the installation of the RWIS sensors in accordance with the County's traffic control requirements.
The passive in -pavement sensor shall be installed in the nearest travel lane (not in the shoulder) per
manufacturer's recommendations. The sensor shall be configured and calibrated to function as
designed with the RWIS RPU. Installation of conduit and pull boxes shall conform to the requirements
of 613 of the specifications. The passive in -pavement sensor wiring shall not be spliced but shall be
installed continuous from the sensor location to the RWIS RPU.
The air temperature/relative humidity sensor shall be mounted on the RWIS Tower per manufacturer's
recommendations at the standard meteorological height of approximately 6 feet above ground level in a
standard radiation shield. The sensor shall be configured and calibrated to function as designed with
the RWIS RPU.
The wind sensor shall be mounted on the top of the WMS tower per manufacturer's recommendations
at the standard meteorological height of approximately 30 feet above ground level. The sensor shall be
mounted such that birds are not able to perch or nest on the sensor. The sensor shall be configured and
calibrated to function as designed with the RPU.
The present weather sensor shall be mounted on the RWIS Tower per manufacturer's
recommendations above ground level. The sensor shall be mounted such that birds are not able to
perch or nest on the sensor. The sensor shall be configured and calibrated to function as designed with
the RWIS RPU.
The barometric pressure sensor shall be mounted on the RWIS Tower per manufacturer's
recommendations. The sensor shall be configured and calibrated to function as designed with the
RWIS RPU.
The solar panel sensor shall be mounted on the RWIS Tower per manufacturer's recommendations.
The sensor shall be configured and calibrated to function as designed with the RWIS RPU.
Subsection 614.13 shall include the following:
RWIS Sensors will be measured by the number of RWIS Sensors installed and accepted and shall
include warranty, testing, documentation, sensor bar kits, all necessary wiring, grounding,
communication cables, labor, and other items necessary to complete the work.
All associated hardware required for a complete installation is considered subsidiary to the work and
shall be included as part of the work.
Subsection 614.14 shall include the following:
BID NO # B1800100 Page 95
4
REVISION TO SECTION 614
RWIS SENSOR
The RWIS Sensors will be paid for at the contract unit price for the pay item listed below upon
completion of installation and provision of all certifications.
Labor and materials, including mounting hardware, components, and wiring required to provide an
operational system per manufacturer's recommendation and will not be measured and paid for
separately, but shall be included in the unit costs of each RWIS Sensor.
Payment will be made under:
Pay Item Pay Unit
RWIS Sensor (Passive In -Pavement) Each
RWIS Sensor (Air Temperature/Relative Humidity) Each
RWIS Sensor (Wind Speed/Wind Direction) Each
RWIS Sensor (Present Weather) Each
RWIS Sensor (Barometric Pressure) Each
RWIS Sensor (Solar Panel) Each
END OF SECTION
BID NO # B1800100 Page 96
1
REVISION OF SECTION 614
GROUNDING AND BONDING
Section 614 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.01 shall include the following:
This work consists of grounding and bonding requirements at project locations for all RWIS structures,
towers, and cabinets. The work covered in this section consists of labor, materials, and services
required for a functional and unobtrusive grounding system.
(a) General. Provide comprehensive grounding and bonding for RWIS equipment. The target
resistance to ground value is equal to or less than 10 C.
(b) Applicable Documents. Work performed in this section shall comply with the most current
edition of the following codes and/or standards:
1. IEEE 81 — Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface
Potentials of a Grounding System
2. IEEE C2 — National Electrical Safety Code
3. NEMA GR 1 — Grounding Rod Electrodes and Grounding Rod Electrode Couplings
4. NFPA 70 — National Electrical Code
5. NFPA 70E - Standard for Electrical Safety in the Workplace
6. NFPA 780 - Standard for the Installation of Lightning Protection Systems
7. TIA-607 — Generic Telecommunications Bonding and Grounding (Earthing) for Customer
Premises
8. UL 96 — Lightning Protection Components
9. UL 96A — Installation Requirements for Lightning Protection Systems
10. UL 467 — Grounding and Bonding Equipment
(c) Identify to the Engineer any conflicts between the requirements of codes/standards development
organizations and the plans and specifications for this project.
(d) Submittals.
1. Provide cut -sheets of each type of product proposed for approval by the Engineer
prior to commencement of work.
2. Provide a system plan, conductor routing, supports, connectors and ground rods
along with connection, mounting and splicing details.
Subsection 614.02 shall include the following:
(a) Components.
1. Grounding electrodes (driven rods). Provide ground rods that meet or exceed the
following requirements:
A. Preferred. Copper -clad steel ground rods (pointed) shall not be less than 0.625 -inch
diameter and a minimum of eight feet in length. It shall be UL certified and have a
minimum plating thickness of 10 mil copper cladding.
B. Other Alternatives. Other ground rod types, such as chemical ground electrodes,
may be considered based on site soil chemistry, adjacent electrically bonded
structures, or if the installation must occur in a corrosive area, but must be approved
by the Engineer in writing.
BID NO # B1800100 Page 97
2
REVISION OF SECTION 614
GROUNDING AND BONDING
2. Grounding Electrode Conductor. The grounding electrode conductor shall be solid or
stranded copper with a minimum size of #6 AWG, unless otherwise specified. The
Contractor shall size the grounding electrode conductor in accordance with Article 250.66 of
the NEC. Bare and insulated grounding electrode conductors shall be permitted, as
approved by the Engineer. Insulated grounding electrode conductors shall be Type THWN
and conform to the requirements of Article 310 of the NEC. Insulated grounding electrode
conductors shall utilize a green jacket color. The grounding electrode conductor run shall be
installed in one continuous run without a splice or joint, except as permitted in accordance
with Article 250.64(C) of the NEC. For bonding between a cabinet frame and busbar, a
braided ground strap shall be utilized. The braided ground strap shall consist of non -
insulated tinned copper flat braid wire with a minimum width of 0.5 inches and a thickness
of 0.07 inches (based on estimated #6 AWG equivalence).
3. Grounding Connectors. Grounding connectors shall be provided for attachment to grounding
electrodes, ground bus and ground lugs. Grounding and bonding connections shall be made
by means of a compression connector, a mechanical connector, or an exothermic weld.
Mechanical and compression connectors shall have only one conductor installed unless
designed or UL -listed for more conductors. Mechanical connections shall only be permitted
when a compression or exothermic connection cannot be made.
4. Ground Bus. Provide copper bar stock grounding busbar as shown on plans. If the
dimensions of the busbar are not shown on the plans, the minimum size shall be 0.25 -inch
thick by 2 inches high by 6 inches wide and positions for five lugs, unless otherwise specified
by the Engineer. Hole patterns on the busbar shall accommodate two -hole lugs in
accordance with TIA-607 and hole spacing should not be less than 0.75 inch. Busbar must
be wall mountable and UL certified. Stand-off brackets shall also be included and brackets
shall be manufactured from 300 series stainless steel with stainless steel bolts and lock
washers.
Delete subsection 614.10 (c) and replace with the following:
(c) General. Install equipment, materials and devices in accordance with equipment
manufacturer's written instructions and in compliance with applicable installation standards.
a. Connections.
i. Provide exothermically welded connections below grade and in areas exposed to visible
moisture.
ii. Provide heavy duty bolted clamped connections, UL listed, above grade and in areas
where safety to personnel and structures dictate.
b. Installation.
i. Install one grounding electrode. Each grounding electrode shall be installed such that
at least the entire length is in contact with the soil. Where a rock bottom is
encountered, the grounding electrode installation shall conform to the requirements of
Article 250.53(G) of the NEC. The grounding electrode system shall be installed
within the right-of-way.
ii. Leave top of grounding electrode exposed for testing and for verifying quantities.
iii. Measure the resistance of the installed grounding electrode with respect to the
surrounding soil using an earth ground resistance tester.
BID NO # B1800100 Page 98
3
REVISION OF SECTION 614
GROUNDING AND BONDING
iv. If the results exceed 10 0, install a second grounding electrode a minimum of one
electrode length away from the first grounding electrode. The bonding jumper used to
connect grounding electrodes shall be installed and sized in accordance with Article
250.53(C) of the NEC.
v. Measure the resistance of the installed grounding electrode system with respect to the
surrounding soil using an earth ground resistance tester.
vi. Record and report results to Engineer in writing. The target resistance to ground is equal
to or less than 10 0, however after installing two grounding electrodes, a resistance to
ground value equal to or less than 25 0 will be accepted by the Project Engineer. The
Contractor shall be responsible for confirming the resistance to ground requirements
with the various manufacturers of the equipment it procures for this project. Where
manufacturers have more stringent resistance to ground requirements for operational
performance and warranties, the Contractor shall be required to adhere to the
manufacturer's requirements for acceptance by the Project Engineer.
vii. In the absence of low resistance soil conditions, the Engineer, at his/her sole discretion,
may allow the use of the following: bentonite to fill the ground rod hole; chemical
electrodes; or ground enhancement material. The Contractor shall obtain written
permission from the Engineer prior to using the previously mentioned materials.
c. Surface Preparation
i. Ground Bus. An abrasive pad shall be used to remove any dirt, grease, oil and
oxidation from the ground bus. A thin coating of antioxidant compound shall be applied
to the connection point on the ground bus. Using stainless steel hardware, the
Contractor shall tighten and torque to the value specified for the hardware grade,
material and size. Only one lug shall be installed per a two -hole mounting on a bonding
surface. Lugs shall not overlap or use the same mounting holes on a bonding surface.
Due to thermal cycling anticipated in the field environment, the lock washer shall be
substituted with flat washers and a cupped spring washer (i.e., Belleville washer), with
the cup against the head of the bolt.
ii. Other Surfaces. Clean the surface thoroughly where the grounding lug is to be
connected. The grounding surface shall be clean of any paint, dirt, grease, oil, rust and
other oxidation. A thin coating of antioxidant compound shall be applied to the
connection point on the surface. Using stainless steel or silicon bronze hardware, the
Contractor shall tighten and torque to the value specified for the hardware material and
size. Lugs shall not overlap or use the same mounting holes on a bonding surface. The
lock washer shall be substituted with flat washers and a cupped spring washer, with the
cup against the head of the bolt.
iii. Ground Attachment to Structures and Towers. The grounding electrode conductor shall
be connected to the ground stud on a structure or tower using stainless steel nuts and
cupped spring washers. The connector type for the grounding electrode conductor shall
be a full circle connector sized appropriately for the diameter of the ground stud and the
wire gauge of the conductor. Where a ground stud does not exist on a structure or tower,
the Contractor shall install a tapped and threaded hole to accommodate the grounding
electrode conductor and screw. The connector type for the grounding electrode conductor
shall be a full circle connector sized appropriately for the diameter of the screw and the
wire gauge of the conductor. Stainless steel screws and cupped spring washers shall be
included.
BID NO # B1800100 Page 99
4
REVISION TO SECTION 614
GROUNDING AND BONDING
iv. Grounding Connectors. The lug size, configuration and material for compression
connectors shall be selected based on the grounding electrode conductor size and
fastening conditions. The insulation shall be trimmed back so that the bared grounding
electrode conductor is slightly longer than the barrel. After applying an antioxidant
compound on the exposed grounding electrode conductor, insert the conductor so that it
touches the end of the barrel as viewed through the inspection port. Ensure the
grounding electrode conductor remains at the end of the barrel before making the first
crimp nearest the tongue end and working toward the conductor with the remaining
crimps.
The lug manufacturer's instructions shall be followed for the number of crimps and their
location on the barrel.
For exothermic welds to the grounding electrode conductor, select the mold and weld
metal applicable to the conductor size and lug configuration. Clean and dry (using a torch)
the grounding electrode conductor and the mold. Insert the conductor and lug into the
mold. Close the handle clamp, lock the mold and then insert the disk into the mold. Pour
the weld metal into the mold and apply the starting material over the weld metal and on
the lip of the mold. Close the cover and ignite using a flint igniter. After the reaction is
complete, wait a minimum of 15 seconds and then open the mold and remove the
finished lug connection. Clean any slag from the finished lug connection.
d. Testing.
i. Testing shall be performed prior to connecting to utility ground in an effort to eliminate
ground loops.
ii. When the grounding electrodes are installed, they shall be measured for their
effectiveness using the three-point, fall of potential method per IEEE 81 to measure the
resistance of the installed grounding electrode configuration with respect to the
surrounding soil using an earth ground resistance tester. The final measurement must
be performed in the presence of the Project Engineer designated representative.
Provide documentation to the Engineer of ground grid measurement results for each
ITS site location tied to a single grounding system.
iii. Contractor shall furnish its own earth ground resistance tester including stakes, clamps,
cabling, transformers, and other required accessories needed to perform the testing. A
copy of the earth ground resistance tester's NIST certification shall be provided to the
Engineer as verification that the unit has been calibrated using standards and
instruments traceable to international standards.
Subsection 614.13 shall include the following:
Grounding and bonding will not be measured or paid for separately but will be considered subsidiary
to the RWIS Cabinet and RWIS Sensor items and shall include all labor, materials, equipment,
testing and documentation required to complete the work.
END OF SECTION
BID NO # B1800100 Page 100
1
REVISION TO SECTION 614
RWIS SYSTEM COMMISSIONING AND TESTING
Section 614 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 614.01 shall include the following:
This work consists of the RWIS manufacturer's authorized representative commissioning and testing
the equipment installed by the Contractor to ensure that the system is properly installed, configured,
and fully operational, as required.
Subsection 614.02 shall include the following:
The Contractor shall furnish materials and labor for the testing of RWIS system components, in
compliance with the approved test plan. The Contractor shall furnish training materials developed by
the RWIS manufacturer.
Subsection 614.09 shall include the following:
After completion of the RWIS system equipment installation, the Contractor shall provide an on -site
engineer authorized by the RWIS manufacturer to start-up and test the entire system ("Field
Engineer"). As part of the RWIS System Commissioning and Testing, the Field Engineer shall make all
final sensor connections to the RWIS RPU, perform all final system checks, sensor alignments,
software setup, and software configuration to provide a fully operational RWIS system. Testing should
include power, sensor measurements, software interface, communications with the Contractor's
hosted software, and communications between the Contractor's hosted software and Weld County
computers.
The Contractor shall notify the Project Engineer a minimum of ten (10) days in advance of desired
RWIS System Commissioning and Testing to schedule a mutually -agreeable time for allow the Project
Engineer to attend the RWIS System Commissioning and Testing.
The Contractor shall submit a proposed test plan to the Project Engineer for approval a minimum of
ten (10) days in advance of desired System Commissioning. The proposed test plan shall clearly
define a logical testing sequence, the test procedure for each sensor, RPU, and wiring, and the
requirements for passing each test. A separate test plan shall be used for each RWIS Site, and shall
incorporate both proposed RWIS Sensors and those existing RWIS Sensors shown to be protected -in -
place. The proposed test plan shall be used during the RWIS System Commissioning and Testing to
verify all RWIS system components have been fully tested and will serve as final testing
documentation. The test plan shall include a signature line for the Field Engineer to certify that testing
is complete and that the standard warranty will be honored based on the installed equipment.
The Contractor shall submit to the Project Engineer final documentation of the network configuration
for each RWIS Sensor, in a clearly -labeled tabular format, including the required information in the list
below. The Contractor shall coordinate with the County, the Project Engineer, or designee, and the
RWIS manufacturer to establish communications with the Contractor's hosted software.
The information required in the final documentation is the name and location of the RWIS site,
equipment manufacturer, equipment part/model number, equipment serial number, MAC address, IP
address, Subnet Mask, Gateway, and notes.
BID NO # B1800100 Page 101
2
REVISION TO SECTION 614
RWIS SYSTEM COMMISSIONING AND TESTING
The Project Engineer may require the Contractor to provide a brief walk-through of the installed
components prior to the RWIS System Commissioning and Testing to demonstrate the readiness. The
proposed RWIS System Commissioning and Testing does not reduce the Contractor's requirement to
coordinate with the manufacturer in advance, to ensure the proper installation of system components.
The Field Engineer shall not be responsible to perform major sensor installation tasks such as
mounting hardware or installing wiring in conduits or support structures, to minimize the time necessary
for RWIS System Commissioning and Testing.
The RWIS Sensors, RWIS Cabinet, RWIS Tower, and RWIS RPU will be accepted when all devices
are accessible via the Contractors hosted software and Weld County computers and have successfully
met the requirements of the approved test plan.
The Contractor shall provide all labor and materials to support the RWIS System Commissioning and
Testing, including but not necessarily limited to traffic control, access to the installed sensors and
cabinets, and troubleshooting support.
The Field Engineer shall report to the Contractor and the Contractor shall remain the point of contact
for the Project Engineer during RWIS System Commissioning and Testing.
The Contractor shall furnish a minimum of eight (8) hours of training to adequately train up to fifteen
operations and engineering staff with the knowledge and skills to properly operate the RWIS system
components.
The training should enable the trainees to receive hands-on experience, practicing the use of the
software application through demonstrations.
The Contractor shall include but not be limited to the following topics:
I. An introduction to RWIS meteorology, allowing better understanding and interpretation of the
meteorological information obtained from the RWIS.
2. RWIS components and functions;
3. Contractor's hosted software navigation, including the capability to view live data from the RWIS
in different formats such as tables, graphs, maps, and images;
The Contractor shall supply up to fifteen end user manuals detailing the training
Subsection 614.13 shall include the following:
RWIS System Commissioning and Testing will not be measured and paid for separately, but
shall be included in the unit costs of RWIS Sensor and RWIS RPU.
END OF SECTION
BID NO # B1800100 Page 102
1
REVISION TO SECTION 614
CLOSED CIRCUIT TELEVISION
Section 614 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 614.01 shall include the following:
This work consists of furnishing and installing Closed Circuit Televisions (CCTV) for integration with the
RWIS RPU at RWIS sites specified on the plans. The CCTV shall be either a fixed system (Fixed) or a
point, tilt, and zoom system (PTZ).
Subsection 614.02 shall include the following:
When specified on the plans, CCTV shall consist of the devices specified below:
• CCTV shall provide dual mode — day(color) and night (monochrome) videos/photos with fixed
lens elements.
• CCTV shall be capable of taking color video still frame images at a user defined interval.
• CCTV images shall be transmitted to the RWIS data collection system and displayed at the end
point.
• CCTV shall be positioned to view the roadway, traffic conditions, and roadway conditions.
• CCTV shall be enclosed in an environmental housing IP-65 or approved equivalent.
• CCTV shall be capable of operating in 100% humidity, 40° to 140° F operating temperature, and
withstand common air contaminants found along roadway locations.
• CCTV cameras shall include the manufacturer -recommended Power -over -Ethernet (PoE)
injector, and shielded network cable (STP) intended for outdoor use between the camera and
the end point.
• CCTV camera functions shall be operable via Ethernet communications by maintenance
terminal on -site or connection to the RPU.
Subsection 614.09 shall include the following:
Where specified on the plans, CCTV shall be installed on the tower as high as practical without interfering
with the RWIS Sensors, and attached to the tower in an appropriate configuration. Final height and
orientation shall be approved by the Project Engineer prior to final installation.
Subsection 614.13 shall include the following:
Contractor shall ensure that the STP endpoint is properly grounded, as per CCTV manufacturer's
recommendations.
The Contractor shall establish IP communications with the CCTV (PTZ) camera by connecting the PoE
injector to an Ethernet Switch. The Contractor shall establish IP communications with the CCTV (Fixed)
camera by connecting the PoE injector to the RWIS RPU, as per the RWIS RPU manufacturer's
recommendations. The Contractor shall notify the Project Engineer a minimum of two (2) days in
advance of need for communications, to allow for the configuration of the network ports on the
configuration Ethernet switch.
BID NO # B1800100 Page 103
CCTV will be measured by the number of cameras installed and accepted and will include warranty,
testing, documentation, all necessary wiring, CAT5e cables, labor and other items necessary to complete
the work.
2
REVISION TO SECTION 614
CLOSED CIRCUIT TELEVISION
Subsection 614.14 shall include the following:
CCTV will be paid for at the contract unit price for the pay item listed below upon acceptance of
installation.
Payment will be made under:
Pay Item
CCTV (Fixed)
CCTV (PTZ)
END OF SECTION
pay Unit
Each
Each
BID NO # B1800100 Page 104
1
REVISION OF SECTION 614
CATEGORY 5E CABLE
Section 614 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 614.01 shall include the following:
This work consists of furnishing and installing Category 5e (CAT5e) cable for CCTV and RWIS
RPU, as specified on the plans.
Subsection 614.02 shall include the following:
Cable shall be an eight wire twisted pair cable constructed of 24 American Wire Gauge (AWG) stranded
copper wires with minimum CAT5e rating. The outer jacket shall be ultraviolet (UV) resistant
polyvinylchloride (PVC) insulation designed for outdoor use. Shielded cable shall be used when
prescribed by the device manufacturer, run through conduit and enclosed structures, and when needed
for equipment or electrostatic grounding. Shielded cable shall be terminated with either conductive or
non-conductive male 8P8C connectors. Where shielded cable is used as an equipment ground,
conductive connectors shall be used on both ends of the cable. Where shielded cable is used as an
electrostatic drain, the grounded side of the connection shall be terminated with a conductive connector
and the ungrounded side shall be terminated with a non-conductive connector. Unshielded cable shall
be used for interconnections within the same cabinet, or where grounding and electromagnetic
interference is not present. Unshielded cable shall be terminated with non-conductive male 8P8C
connectors on both ends. All CAT5e cables used for Ethernet data shall utilize the Telecommunications
Industry Association/Electronic Industries Alliance (TIA/EIA) T-5688 pin/pair assignments, unless
otherwise specified.
Subsection 614.13 shall include the following:
CAT5e Cable will not be paid for separately, but will be included in the work
BID NO # B1800100 Page 105
1
REVISION OF SECTION 626
MOBILIZATION
Section 626 of the Standard Specifications is hereby revised for this project as follows:
Subsection 626.01 shall be revised to include the following:
Construction of a temporary access road into the work areas, and removal of the access road after
construction is completed, shall be included in the Mobilization bid item.
CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor
shall take responsibility to find adequate staging area(s) for the project. Any agreements made for
staging on private property shall be made in writing and copies of the written agreements shall be
provided to the County prior to Construction. All staging areas shall be secured with temporary fencing
and restored to original conditions after construction. The Contractor shall provide erosions and
sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to
include staging areas.
If the Contractor needs to perform work on private property outside of the easements shown on the
drawings, then the Contractor shall obtain additional TCEs. All agreements made between the
Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all
written agreements shall be furnished to the County prior to any disturbance. The Contractor shall
provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by
the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs.
The Contractor shall inform the property owners and the tenants at the properties prior to construction.
The Contractor shall limit construction activities to those areas within the limits of disturbance as shown
on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and
additional temporary construction easements including temporary fencing and erosion and sediment
control shall be considered incidental to the project.
Any disturbance beyond the limits presented on the drawings shall be restored to the original condition
at Contractor's expense. Construction activities, in addition to normal construction procedures, shall
include parking of vehicles or equipment, consolidation of construction debris or materials, and
disposing of litter and any other action which alters existing conditions. All disturbances outside the
Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's
expense
In addition, the Contractor will be required to secure Right of Entry for property owners access that
extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the
access plans and determine the extent of the right of entry required. Weld County shall be notified of
the right of entry prior to entry.
END OF SECTION
BID NO # B1800100 Page 106
1
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the County's estimate for force account items included in the Contract.
The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of
the performance and payments bonds. Force Account work shall be performed as directed by the
Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation
for all work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order
to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement
endorsed by the Contractor.
Force Account Item
Estimated Quantit
Amount
F/A Minor Contract Revisions
F/A
$8,000*
F/A Erosion Control
F/A
$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. All items shall be pre -approved by the engineer prior to
installation. Failure to obtain pre -approval will result in the materials being supplied to the project at no
additional cost.
END OF SECTION
BID NO # B1800100 Page 107
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 Plans.
Unless otherwise approved by the Engineer, the Contractor's equipment shall follow normal and legal
traffic movements. The Contractor's ingress and egress of the work area shall be accomplished with as
little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices
in a reverse sequence to that used for installation. This may require moving backwards through the
work zone. When located behind barrier or at other locations shown on approved traffic control plans,
equipment may operate in a direction opposite to adjacent traffic.
Special Traffic Control Plan requirements for this project are as follows:
During the construction of this project, traffic shall use the present traveled roadway unless identified on
the plans or approved by the Engineer.
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any
time, unless directed. Access to private properties shall be maintained at all times.
During the resurfacing work, only one lane may be closed to traffic at any time unless approved by the
Engineer. Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer when
the roadway is open to traffic.
Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works
Department.
The Traffic Control Management (TCM) bid item quantity is intended for days in which a new
traffic control setup (MHT) is being implemented.
The Contractor shall not perform any work on the roadway between the hours of 6 p.m. and 6 a.m.
unless approved by the Engineer.
All costs incidental to the foregoing requirements shall be included in the original contract prices for the
project.
END OF SECTION
BID NO # B1800100 Page 108
1
UTILITIES COORDINATION
The work described in these plans and specifications requires coordination between the Contractor and
the utility companies in accordance with subsection 105.10 in conducting their respective operations as
necessary to complete the utility work with minimum delay to the project. The known utilities are shown
on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and
the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when
excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify
all affected utilities at least two (2) business days, not including the day of notification, prior to
commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado
(UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies.
All other underground facilities shall be located by contacting the respective company. Utility service
laterals shall also be located prior to beginning excavating or grading.
Known utilities within the limits of this project are:
UTILITY
United Power
Century Link
Setup for Service
CONTACT
Randy Rule
Andy Ross
Carson Ortega
Route to Carson
PHONE
303-524-5354
720-685-5608
970-392-4837
1-800-244-1111
EMAIL
rrule@a,unitedpower.com
arossa,unitedpower.com
Carson.OrteoaAcenturylink.com
The work described in these plans and specifications requires coordination between the Contractor and
the utility companies in accordance with subsection 105.10 in conducting their respective operations as
necessary to complete the utility work with minimum delay to the project.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when
excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify
all affected utilities at least two (2) business days, not including the day of notification, prior to
commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado
(UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies.
All other underground facilities shall be located by contacting the respective company. Utility service
laterals shall also be located prior to beginning excavating or grading.
The locations of utilities shown on the plans and described herein were obtained from the best available
information, but are not to be considered complete as to location or identification of all utilities that could
be encountered.
BASIS OF PAYMENT
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in
the work. No monetary compensation will be made to the Contractor for delays or any other issues
related to utility conflicts.
END OF SECTION
BID NO # B1800100 Page 109
COLORADO DEPARTMENT OF TRANSPORTATION
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM (RWIS)
STANDARD SPECIAL PROVISIONS
Date
Page
Required Contract Provisions — Federal -Aid Construction Contracts
(October 31, 2013)
111-131
Wage Determination
(January 5, 2018)
132-138
Affirmative Action Requirements — Equal Employment Opportunity
(July 3, 2017)
139-148
Revision of Section 105 — Disputes and Claims for Contract
Adjustments
(December 7, 2017)
149-189
Revision of Section 106 - Supplier List
(July 3, 2017)
190
Revision of Section 107 — Laws to be Observed
(October 12, 2017)
191
Revision of Section 107 & 208 — Water Quality Under One Acre of
Disturbance
(November 2, 2017)
192-195
Revision of Section 109 — Prompt Payment (Local Agency)
(July 3, 2017)
196-197
Revision of Section 208 — Erosion Control
(July 3, 2017)
198-199
BID NO # B1800100 Page 110
July 3, 2017
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4)
regarding convict labor and all of Section IV of the FHWA 1273 do not apply.
The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA)
requirements, shall submit all payrolls and Contractor Fringe Benefit Statements
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
General
II. Nondiscrimination
III. Non -segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Governmentwide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or
Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
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.
BID NO # B1800100 Page 111
July 3, 2017
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in
lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). The design -builder shall be responsible for compliance
by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal
documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all
contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and
other agreements for supplies or services related to a construction contract).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall
apply to all work performed on the contract by the contractor's own organization and with the assistance
of workers under the contractor's immediate superintendence and to all work performed on the contract
by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these Required Contract Provisions may be
sufficient grounds for withholding of progress payments, withholding of final payment, termination of the
contract, suspension / debarment or any other action determined to be appropriate by the contracting
agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor
for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor
performed by convicts who are on parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction
contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive
Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973,
as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations
including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity
Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
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.
BID NO # B1800100 Page 112
July 3, 2017
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract. In the execution of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it
has made every good faith effort to provide equal opportunity with respect to all of its terms and
conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, sex, color, national origin, age or disability.
Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO
Officer who will have the responsibility for and must be capable of effectively administering and
promoting an active EEO program and who must be assigned adequate authority and responsibility to
do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade and classification of employment. To
ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start
of work and then not less often than once every six months, at which time the contractor's EEO policy
and its implementation will be reviewed and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO
Officer, covering all major aspects of the contractor's EEO obligations within thirty days following
their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer in the contractor's procedures for locating and hiring minorities and women.
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.
BID NO # B1800100 Page 113
July 3, 2017
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for
employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minorities and women in the area from which the project
work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities
and women. To meet this requirement, the contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, the contractor is expected to observe the provisions of that agreement to the extent that
the system meets the contractor's compliance with EEO contract provisions. Where implementation
of such an agreement has the effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for
employment. Information and procedures with regard to referring such applicants will be discussed
with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and
employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to
determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there
is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective
action. If the review indicates that the discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the
contractor in connection with its obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the investigation
indicates that the discrimination may affect persons other than the complainant, such corrective
action shall include such other persons. Upon completion of each investigation, the contractor will
inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women
who are applicants for employment or current employees. Such efforts should be aimed at
developing full journey level status employees in the type of trade or job classification involved.
BID NO # B1800100 Page 114
July 3, 2017
5
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 contractor's association
acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minorities and women for membership in the unions and
increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to
the end that such union will be contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union
except that to the extent such information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the contractor, the contractor shall so certify
to the contracting agency and shall set forth what efforts have been made to obtain such
information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the
time limit set forth in the collective bargaining agreement, the contractor will, through independent
recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and
women. The failure of a union to provide sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining agreement) does not relieve the
contractor from the requirements of this paragraph. In the event the union referral practice prevents
the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must
be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules
and regulations established there under. Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipment. The contractor shall take all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract.
BID NO # B1800100 Page 115
July 3, 2017
6
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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
(1) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minorities and women;
b. The contractors and subcontractors will submit an annual report to the contracting agency each July
for the duration of the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each work classification required by the contract work. This
information is to be reported on Form FHWA-1391. The staffing data should represent the project
work force on board in all or any part of the last payroll period preceding the end of July. If on-the-
job training is being required by special provision, the contractor will be required to collect and report
training data. The employment data should reflect the work force on board during all or any part of
the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts and to all related construction
subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for employees are provided in such a manner that
segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor
may neither require such segregated use by written or oral policies nor tolerate such use by employee
custom. The contractor's obligation extends further to ensure that its employees are not assigned to
perform their services at any location, under the contractor's control, where the facilities are segregated.
BID NO # B1800100 Page 116
July 3, 2017
7
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.
BID NO # B1800100 Page 117
July 3, 2017
8
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 will notify
the contracting officer within the 30 -day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account, assets for the meeting of obligations under the
plan or program.
2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor under
this contract, or any other Federal contract with the same prime contractor, or any other federally -
BID NO # B1800100 Page 118
July 3, 2017
9
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the contracting agency for transmission
to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses
and social security numbers to the prime contractor for its own records, without weekly
submission to the contracting agency.
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(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided
under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set
forth in Regulations, 29 CFR part 3;
(ii) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this
section available for inspection, copying, or transcription by authorized representatives of the
contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them available, the FHWA may,
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
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.
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In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have
been certified by the Secretary of Transportation as promoting EEO in connection with
Federal -aid highway construction programs are not subject to the requirements of paragraph 4
of this Section IV. The straight time hourly wage rates for apprentices and trainees under such
programs will be established by the particular programs. The ratio of apprentices and trainees
to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements
of 29 CFR part 3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts
and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
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.
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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.
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
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REQUIRED CONTRACT PROVISIONS
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may be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" refers to workers employed or leased by
the prime contractor, and equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of a subcontractor or lower
tier subcontractor, agents of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an employee leasing firm
meeting all relevant Federal and State regulatory requirements. Leased employees may
only be included in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of
the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased
employees;
(3) the prime contractor retains all power to accept or exclude individual employees from
work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined
minimum wages, the submission of payrolls, statements of compliance and all other
Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized
knowledge, abilities, or equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the contract as a whole and in
general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is
computed includes the cost of material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the
firm, has full authority to direct performance of the work in accordance with the contract requirements,
and is in charge of all construction operations (regardless of who performs the work) and (b) such other
of its own organizational resources (supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written
consent of the contracting officer, or authorized representative, and such consent when given shall not
be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written
consent will be given only after the contracting agency has assured that each subcontract is evidenced
in writing and that it contains all pertinent provisions and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts;
however, contracting agencies may establish their own self -performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and
local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all
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.
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FEDERAL -AID CONSTRUCTION CONTRACTS
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in surroundings or under conditions which
are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and health standards and to carry out
the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used or
to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in
connection with the submission of plans, maps, specifications, contracts, or costs of construction on any
highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials
furnished or to be furnished, in connection with the construction of any highway or related project
approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved
July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
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FEDERAL -AID CONSTRUCTION CONTRACTS
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).
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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
(https://www.epls.gov/), which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of the prospective participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First
Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(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
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any lower tier prospective participants,
each participant may, but is not required to, check the Excluded Parties List System
website (https://www.epls.gov/), which is compiled by the General Services Administration.
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
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are 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 an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
BID NO # B1800100 Page 129
July 3, 2017
20
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.
BID NO # B1800100 Page 130
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded under the Appalachian Regional
Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably
may be, done as on -site work, shall give preference to qualified persons who regularly reside in the
labor area as designated by the DOL wherein the contract work is situated, or the sub region, or the
Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced
personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as
the result of a lawful collective bargaining contract, provided that the number of
nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work, except
as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the contract work,
(b) the number of employees required in each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other pertinent information required by the State
Employment Service to complete the job order form. The job order may be placed with the State
Employment Service in writing or by telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order is substantially modified, the participant
shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State
Employment Service. The contractor is not required to grant employment to any job applicants who, in
his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment
Service, the State Employment Service is unable to refer any qualified job applicants to the contractor,
or less than the number requested, the State Employment Service will forward a certificate to the
contractor indicating the unavailability of applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this certificate, the contractor may employ
persons who do not normally reside in the labor area to fill positions covered by the certificate,
notwithstanding the provisions of subparagraph (1c) above.
5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference
for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every
subcontract for work which is, or reasonably may be, done as on -site work.
END OF SECTION
BID NO # B1800100 Page 131
DATE 01-05-18
1
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
WAGE DETERMINATION - GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM (RWIS
Decision Nos. CO180024 dated January 05, 2018
supersedes Decision Nos. CO170024 dated January 06,
2017.
Modifications
ID
MOD Date Page
Number Numbers)
When work within a project is located in two or more
counties and the minimum wages and fringe benefits are
different for one or more job classifications, the higher
minimum wages and fringe benefits shall apply throughout
the project.
General Decision No. CO180024 applies to the following counties: Larimer, Mesa, and Weld
counties.
General Decision No. CO180024
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
c
Hourly ly as(Rate
Fringe BenefitsLast
Mod
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1714
Smaller than Watson 2500 and similar
27.60
10.10
1715
Watson 2500 similar or larger
27.92
10.10
Oiler
1716
Weld
26.84
10.10
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively
bargained rates.
CARPENTER:
1717
Excludes Form Work
20.72
5.34
Form Work Only
1718
Larimer, Mesa
18.79
3.67
1719
Weld
16.54
3.90
CEMENT MASON/CONCRETE FINISHER:
1720
Larimer
16.05
3.00
1721
Mesa
17.53
3.00
1722
Weld
17.48
3.00
ELECTRICIAN:
Excludes Traffic Signalization
1723
Weld
33.45
7.58
Traffic Signalization
1724
Weld
25.84
6.66
BID NO # B1800100
Page 132
DATE 01-05-18
2
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e
Classification
Basic
Hourly Rate
Fringe Benefits
Last
Mod
FENCE ERECTOR:
1725
Weld
17.46
3.47
GUARDRAIL INSTALLER:
1726
Larimer, Weld
12.89
3.39
HIGHWAY/PARKING LOT STRIPING:
Painter
1727
Larimer
14.79
3.98
1728
Mesa
14.75
3.21
1729
Weld
14.66
3.21
IRONWORKER:
Reinforcing (Excludes Guardrail Installation)
1730
Larimer, Weld
16.69
5.45
Structural (Excludes Guardrail Installation)
1731
Larimer, Weld
18.22
6.01
LABORER:
Asphalt Raker
1732
Larimer
18.66
4.66
1733
Weld
16.72
4.25
1734
Asphalt Shoveler
21.21
4.25
1735
Asphalt Spreader
18.58
4.65
1736
Common or General
16.29
4.25
1737
Concrete Saw (Hand Held)
16.29
6.14
1738
Landscape and Irrigation
12.26
3.16
1739
Mason Tender - Cement/Concrete
16.29
4.25
Pipelayer
1740
Larimer
17.27
3.83
1741
Mesa, Weld
16.23
3.36
1742
Traffic Control (Flagger)
9.55
3.05
DATE 01-05-18
BID NO # B1800100
Page 133
3
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Hourly B(cRate
Fringe Benefits
Last
Mod
LABORER (con't):
Traffic Control (Sets Up/Moves Barrels, Cones,
Installs
signs, Arrow Boards and Place Stationary Flags),
(Excludes Flaggers)
1743
Larimer, Weld
12.43
3.22
1744
PAINTER (Spray Only)
16.99
2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
1745
Larimer
26.75
5.39
1746
Mesa, Weld
23.93
7.72
1747
Asphalt Paver
21.50
3.50
Asphalt Roller
1748
Larimer
23.57
3.50
1749
Mesa
24.25
3.50
1750
Weld
27.23
3.50
Asphalt Spreader
1751
Larimer
25.88
6.80
1752
Mesa, Weld
23.66
7.36
Backhoe/Trackhoe
1753
Larimer
21.46
4.85
1754
Mesa
19.81
6.34
1755
Weld
20.98
6.33
Bobcat/Skid Loader
1756
Larimer
17.13
4.46
1757
Mesa, Weld
15.37
4.28
1758
Boom
22.67
8.72
Broom/Sweeper
1759
Larimer
23.55
6.20
1760
Mesa
23.38
6.58
1761
Weld
23.23
6.89
BID NO # B1800100
Page 134
DATE 01-05-18
4
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
HouBrly'cRate
Fringe BenefitsLast
Mod
POWER EQUIPMENT OPERATOR (con't):
Bulldozer
1762
Larimer, Weld
22.05
6.23
1763
Mesa
22.67
8.72
1764
Crane
26.75
6.16
Drill
1765
Larimer, Weld
31.39
0.00
1766
Mesa
35.06
0.00
1767
Forklift
15.91
4.68
Grader/Blade
1768
Larimer
24.82
5.75
1769
Mesa
23.42
9.22
1770
Weld
24.53
6.15
1771
Guardrail/Post Driver
16.07
4.41
1772
Loader (Front End)
1773
Larimer
20.45
3.50
1774
Mesa
22.44
9.22
1775
Weld
23.92
6.67
Mechanic
1776
Larimer
27.68
4.57
1777
Mesa
25.50
5.38
1778
Weld
24.67
5.68
Oiler
1779
Larimer
24.16
8.35
1780
Mesa
23.93
9.22
Roller/Compactor (Dirt and Grade Compaction)
1781
Larimer
23.67
8.22
1782
Mesa, Weld
21.33
6.99
BID NO # B1800100
Page 135
DATE 01-05-18
5
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - OO180024
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
HourlyBasic
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con't.):
Rotom ill
1783
Larimer
18.59
4.41
1784
Weld
16.22
4.41
Scraper
1785
Larimer
21.33
3.50
1786
Mesa
24.06
4.13
1787
Weld
30.14
1.40
Screed
1788
Larimer
27.20
5.52
1789
Mesa
27.24
5.04
1790
Weld
27.95
3.50
1791
Tractor
13.13
2.95
TRAFFIC SIGNALIZATION:
Groundsman
1792
Larimer
11.44
2.84
1793
Mesa
16.00
5.85
1794
Weld
16.93
3.58
TRUCK DRIVER:
Distributor
1795
Larimer
19.28
4.89
1796
Mesa
19.17
4.84
1797
Weld
20.61
5.27
Dump Truck
1798
Larimer
18.86
3.50
1799
Mesa
15.27
4.28
1800
Weld
15.27
5.27
BID NO # B1800100
Page 136
DATE 01-05-18
6
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
General Decision No. CO180024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Hourly B(cRate
Fringe Benefits
Last
Mod
TRUCK DRIVER (con't.):
Lowboy Truck
1801
Larimer
18.96
5.30
1802
Mesa, Weld
18.84
5.17
1803
Mechanic
26.48
3.50
Multi -Purpose Specialty & Hoisting Truck
1804
Larimer, Mesa
16.65
5.46
1805
Weld
16.87
5.56
1806
Pickup and Pilot Car
13.93
3.68
1807
Semi/Trailer Truck
18.39
4.13
1808
Truck Mounted Attenuator
12.43
3.22
Water Truck
1809
Larimer
19.14
4.99
1810
Mesa
15.96
5.27
1811
Weld
19.28
5.04
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may
be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect
collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
BID NO # B1800100
Page 137
DATE 01-05-18
7
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO180024
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with
the Wage and Hour Regional Office for the area in which the survey was conducted because those
Regional Offices have responsibility for the Davis -Bacon survey program.
If the response from this initial contact is not satisfactory, then the process described in
2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should
be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can
request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and
29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor
considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION NO. CO180024
BID NO # B1800100 Page 138
July 3, 2017
1
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
A. AFFIRMATIVE ACTION REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order
11246)
1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for
the Contractor's aggregate workforce in each trade on all construction work in the covered area are
as follows: Goals and Timetable for Minority Utilization
Timetable - Until Further Notice
Economic
Area
Standard Metropolitan
Statistical Area (SMSA)
Counties
Involved
Goal
157
(Denver)
2080 Denver -Boulder
Adams, Arapahoe, Boulder,
Denver, Douglas, Gilpin,
Jefferson
13.8%
2670 Fort Collins
Larimer
6.9%
3060 Greeley
Weld
13.1%
Non SMSA Counties
Cheyenne, Clear Creek, Elbert,
Grand, Kit Carson, Logan, Morgan,
Park, Phillips, Sedgwick, Summit,
Washington &
Yuma
12.8%
158
(Colo. Spgs. -
Pueblo)
1720 Colorado Springs
El Paso,
Teller
10.9%
6560 Pueblo
Pueblo
....
27.5%
Non SMSA Counties
Alamosa, Baca, Bent, Chaffee,
Conejos, Costilla, Crowley, Custer,
Fremont, Huerfano, Kiowa, Lake,
Las Animas, Lincoln, Mineral,
Otero, Prowers, Rio Grande,
Saguache
19.0%
159
(Grand
Junction)
Non SMSA
Archuleta, Delta, Dolores, Eagle,
Garfield, Gunnison, Hinsdale,
La Plata, Mesa, Moffat,
Montezuma, Montrose, Ouray,
Pitkin, Rio Blanco, Routt, San
Juan, San Miguel
10.2%
156 (Cheyenne
- Casper WY)
Non SMSA
Jackson County,
Colorado
7.5%
GOALS AND TIMETABLES FOR FEMALE UTILIZATION
Until Further Notice 6.9% --
Statewide
BID NO # B1800100
Page 139
July 3, 2017
2
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the
Contractor also is subject to the goals for both its federally involved and non -federally involved
construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause specific affirmative action
obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals
established for the geographical area where the contract resulting from this solicitation is to be
performed. The hours of minority and female employment and training must be substantially
uniform throughout the length of the contract, and in each trade, and the Contractor shall make a
good faith effort to employ minorities and women evenly on each of its projects. The transfer of
minority or female employees or trainees from Contractor to Contractor or from project to project for
the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive
Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against
the total work hours performed.
2. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess of
$10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated starting and completion
dates of the subcontract; and the geographical area in which the contract is to be performed.
3. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is
the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is
in two or more counties covered by differing percentage goals, the highest percentage will govern.
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246)
1. As used in these Specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes;
(i) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American
or other Spanish Culture or origin, regardless of race);
BID NO # B1800100 Page 140
July 3, 2017
3
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000
the provisions of these specifications and the Notice which contains the applicable goals for minority
and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in
accordance with that Plan for those trades which have unions participating in the Plan. Contractors
must be able to demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually
required to comply with its obligations under the EEO clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall good faith
performance by other Contractors or Subcontractor toward a goal in an approved Plan does not
excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through p of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered Construction contractors performing
construction work in geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal Register in
notice form, and such notices may be obtained from any office of Federal Contract Compliance
Programs Office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom
the Contractor has a collective bargaining agreement, to refer either minorities or women shall
excuse the Contractor's obligations under these specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be employed by the Contractor during the training period,
and the Contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as extensive as the following;
BID NO # B1800100 Page 141
July 3, 2017
4
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other on -site
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such
a working environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community organizations
when the Contractor or its union have employment opportunities available, and maintain a
record of the organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and
female off -the -street applicant and minority or female referral from a union, a recruitment
source of community organization and of what action was taken with respect to each
individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be
documented in the file with the reason therefor, along with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor
has a collective bargaining agreement has not referred to the Contractor a minority person or
woman sent by the Contractor, or when he Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under 7b above.
8. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it
in the company newspaper, annual report, etc., by specific review of the policy with all management
personnel and with all minority and female employees at least once a year, and by posting the
Contractor's EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
a. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with onsite
supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation
of construction work at any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter discussed, and
disposition of the subject matter.
b. Disseminate the Contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the Contractors and Subcontractors with whom the Contractor
does or anticipates doing business.
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
c. Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor shall
send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
d. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment to
minority and female youth both on the site and in other areas of a Contractor's workforce.
e. Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 60-3.
f. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc. such opportunities.
g. Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations
under these specifications are being carried out.
h. Ensure that all facilities and Contractor's activities are non -segregated except that
separate or single -user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
i. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
j. Conduct a review, at least annually, of all supervisor's adherence to and performance under
the Contractor's EEO policies and affirmative action obligation.
Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint
contractor -union contractor -community, or other similar group of which the Contractor is a member
and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of
these specifications provided that the Contractor actively participates in the group, makes every effort
to assure that the group has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith effort to meet its
individual goal and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the
Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non -minority.
Consequently, the Contractor may be in violation of the Executive Order if a particular group is
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July 3, 2017
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
employed in a substantially disparate manner (for example, even though the Contractor has
achieved its goals for women generally, the Contractor may be in violation of the Executive Order if
a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations, by the Office of Federal Contract Compliance Programs. Any
Contractor who fails to carry out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.
13 The Contractor in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions
hereof as may be required by the Government and to keep records. Records shall at least include
for each employee the name, address, telephone numbers, construction trade, union affiliation if
any, employee identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per
week in the indicated trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form, however, to the degree that
existing records satisfy this requirement, contractors shall not be required to maintain separate
records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon application of requirements for the hiring of local
or other area residents (e.g., those under the Public Works Employment Act of 1977 and the
Community Development Block Grant Program).
C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES.
1. General.
a. Equal employment opportunity requirements not to discriminate and to take affirmative
action to assure equal employment opportunity as required by Executive Order 11246 and
Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or
1316, as appropriate) and these Special Provisions which are imposed pursuant to Section
140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of
1968. The requirements set forth in these Special Provisions shall constitute the specific
affirmative action requirements for project activities under this contract and supplement the
equal employment opportunity requirements set forth in the Required Contract provisions.
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
b. The Contractor will work with the State highway agencies and the Federal Government in
carrying out equal employment opportunity obligations and in their review of his/her activities
under the contract.
c. The Contractor and all his/her subcontractors holding subcontracts not including material
suppliers, of $10,000 or more, will comply with the following minimum specific requirement
activities of equal employment opportunity: (The equal employment opportunity requirements
of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of
the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as
contractors and subcontractors.) The Contractor will include these requirements in every
subcontract of $10,000 or more with such modification of language as is necessary to make
them binding on the subcontractor.
2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the
following statement which is designed to further the provision of equal employment opportunity to all
persons without regard to their race, color, religion, sex, or national origin, and to promote the full
realization of equal employment opportunity through a positive continuing program;
It is the policy of this Company to assure that applicants are employed, and that employees are
treated during employment, without regard to their race, religion, sex, color, or national origin. Such
action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship, pre -apprenticeship, and/or on-the-job training.
3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State
highway agency contracting officers and equal employment opportunity officer (herein after referred
to as the EEO Officer) who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of equal employment opportunity and
who must be assigned adequate authority and responsibility to do so.
4. Dissemination of Policy.
a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who are substantially involved in such
action, will be made fully cognizant of, and will implement, the Contractor's equal employment
opportunity policy and contractual responsibilities to provide equal employment opportunity in
each grade and classification of employment. To ensure that the above agreement will be met,
the following actions will be taken as a minimum;
(1) Periodic meetings of supervisory and personnel office employees will be conducted before
the start of work and then not less often than once every six months, at which time the
Contractor's equal employment opportunity policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO Officer or other knowledgeable
company official.
(2) All new supervisory or personnel office employees will be given a thorough indoctrination by
the EEO Officer or other knowledgeable company official, covering all major aspects of the
Contractor's equal employment opportunity obligations within thirty days following their
reporting for duty with the Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the
EEO Officer or appropriate company official in the Contractor's procedures for locating and
hiring minority group employees.
b. In order to make the Contractor's equal employment opportunity policy known to all employees,
prospective employees and potential sources of employees, i.e., schools, employment agencies,
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
labor unions (where appropriate), college placement officers, etc., the Contractor will take the
following actions:
(1) Notices and posters setting forth the Contractor's equal employment opportunity policy will
be placed in areas readily accessible to employees, applicants for employment and potential
employees.
(2) The Contractor's equal employment opportunity policy and the procedures to implement
such policy will be brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for
employees the notation; "An Equal Opportunity Employer." All such advertisements will be
published in newspapers or other publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic
and direct recruitment through public and private employee referral sources likely to yield
qualified minority group applicants, including, but not limited to, State employment agencies,
schools, colleges and minority group organizations. To meet this requirement, the
Contractor will, through his EEO Officer, identify sources of potential minority group
employees, and establish with such identified sources procedures whereby minority group
applicants may be referred to the Contractor for employment consideration.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring
hall referrals, he is expected to observe the provisions of that agreement to the extent that
the system permits the Contractor's compliance with equal employment opportunity contract
provisions. (The U.S. Department of Labor has held that where implementation of such
agreements has the effect of discriminating against minorities or women, or obligates the
Contractor to do the same, such implementation violates Executive Order 11246, as
amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for
employment by posting appropriate notices or bulletins in areas accessible to all such
employees. In addition, information and procedures with regard to referring minority group
applicants will be discussed with employees.
6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion,
sex, or national origin. The following procedures shall be followed;
a. The Contractor will conduct periodic inspections of project sites to ensure that working
conditions and employee facilities do not indicate discriminatory treatment of project site
personnel.
b. The Contractor will periodically evaluate the spread of wages paid within each classification
to determine any evidence of discriminatory wage practices.
c. The Contractor will periodically review selected personnel actions in depth to determine
whether there is evidence of discrimination. Where evidence is found, the Contractor will
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.
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. The Contract will promptly investigate all complaints of alleged discrimination made to the
Contractor in connection with his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the
investigation indicates that the discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon completion of each
investigation, the Contractor will inform every complainant of all his avenues of appeal.
7. Training and Promotion.
a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group
and women employees, and applicants for employment.
b. Consistent with the Contractor's work force requirements and as permissible under Federal
and State regulations, the Contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees in each occupation
shall be in their first year of apprenticeship or training.
c. The Contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
d. The Contractor will periodically review the training and promotion potential of minority group
and women employees and will encourage eligible employees to apply for such training and
promotion.
8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the
Contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women with the unions, and to effect referrals by such
unions of minority and female employees. Actions by the Contractor either directly or through a
contractor's association acting as agent will include the procedures set forth below:
a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minority group employees and women
so that they may qualify for higher paying employment.
b. The Contractor will use best efforts to incorporate an equal employment opportunity clause
into each union agreement to the end that such union will be contractually bound to refer
applicants without regard to their race, color, religion, sex, or national origin.
c. The Contractor is to obtain information as to the referral practices and policies of the labor
union except that to the extent such information is within the exclusive possession of the
labor union and such labor union refuses to furnish such information to the Contractor, the
Contractor shall so certify to the State highway department and shall set forth what efforts
have been made to obtain such information.
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority
and women referrals within he time limit set forth in the collective bargaining agreement, the
Contractor will, through independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex or national origin; making full efforts to obtain
qualified and/or qualifiable minority group persons and women. (The U.S. Department of
Labor has held that it shall be no excuse that the union with which the Contractor has a
collective bargaining agreement providing for exclusive referral failed to refer minority
employees.) In the event the union referral practice prevents the Contractor from meeting
the obligations pursuant to Executive Order 11246, as amended, and these special
provisions, such Contractor shall immediately notify the State highway agency.
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group
subcontractors or subcontractors with meaningful minority group and female representation
among their employees. Contractors shall obtain lists of minority -owned construction firms
from State highway agency personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal
employment opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the
Contractor's equal employment opportunity obligations. The records kept by the Contractor will
be designed to indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole or in
part on unions as a source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees, and
(4) The progress and efforts being made in securing the services of minority group
subcontractors or subcontractors with meaningful minority and female representation among
their employees.
b. All such records must be retained for a period of three years following completion of the
contract work and shall be available at reasonable times and places for inspection by authorized
representatives of the State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the
duration of the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each work classification required by the contract work. This
information is to be reported on Form PR 1391.
END OF SECTION
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsections 105.22, 105.23 and 105.24 and replace with the following:
105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the
parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the
process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the
standard special provisions outlines the process. Specified time frames may be extended by mutual
agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday,
Sunday or holiday, the time frame shall be extended to the next scheduled work day.
An issue is a disagreement concerning contract price, time, interpretation of the Contract, or all three between
the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, any
disagreement resulting from a delay, a change order, another written order, or an oral order from the Project
Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer,
interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site
conditions.
The Contractor shall be barred from any administrative, equitable, or legal remedy for any issue which meets
either of the following criteria;
1. The Contractor did not to bring the issue to the Project Engineer's attention in writing within 20 days of
the Contractor being aware of the issue.
1. The Contractor fails to continually (weekly or otherwise approved by both parties) work with CDOT
towards a resolution.
A dispute is an issue in which the Contractor and CDOT have not been able to resolve and of which the
Contractor submits a written formal notice of dispute per section (b) below.
A claim is a dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation.
The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based
on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity
or amount of compensation or time deserved when a claim or dispute is found to have merit.
Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be
submitted through the Contractor. Review of a pass -through dispute does not create privity of Contract
between CDOT and the subcontractor.
An audit may be performed by the Department for any dispute. Refer to subsection 105.24 for audit
requirements.
If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next
level.
When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified
herein as made by the Project Engineer shall be made by the Resident Engineer.
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of
litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either
party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not
prejudice either party, further relief shall be allowed.
All written notices of dispute shall be submitted within 30 days of date of the Project Engineer's Final
Acceptance letter; see subsection 105.21(b).
When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance in
accordance with subsection 105.21(a). This partial acceptance will be project acceptance of all the
construction work performed prior to this partial acceptance.
All disputes and claims related to the work in which this partial acceptance is granted shall be submitted
within 30 days of the Project Engineer's partial acceptance.
Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be
determined by subtracting the contract amount from the total cost of performance. Should the Contractor's
dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic
in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own
errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified
Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any
disputes or claims seeking damages where the Contractor could have kept separate cost records at the time
the dispute arose as described in subsection 105.22(a).
(a) Document Retention. The Contractor shall keep full and complete records of the costs and
additional time incurred for each dispute for a period of at least three years after the date of final
payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower
tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during
normal business hours. The Contractor shall permit the Engineer or Department auditor to examine
and copy those records and all other records required by the Engineer to determine the facts or
contentions involved in the dispute. The Contractor shall identify and segregate any documents or
information that the Contractor considers particularly sensitive, such as confidential or proprietary
information.
Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records
of extra costs and time incurred, in accordance with the following procedures:
1. Daily records shall identify each operation affected, the specific locations where work is
affected, and the potential effect to the project's schedule. Such records shall also reflect all
labor, material, and equipment applicable to the affected operations.
2. On the first work day of each week following the date of the written notice of dispute, the
Contractor shall provide the Project Engineer with the daily records for the preceding week. If
the Contractor's records indicate costs greater than those kept by the Department, the Project
Engineer will meet with the Contractor and present his records to the Contractor at the meeting.
The Contractor shall notify the Engineer in writing within three work days of any inaccuracies
noted in, or disagreements with, the Department's records.
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall
provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve
the issue through negotiation. Disputes will not be considered unless the Contractor has first
complied with specified issue resolution processes such as those specified in subsections 104.02,
106.05, 108.08(a), and 108.08(d).
The Contractor shall supplement the written notice of dispute within 15 days with a written Request
for Equitable Adjustment (REA) providing the following:
1. The date of the dispute.
2. The nature of the circumstances which caused the dispute.
3. A detailed explanation of the dispute citing specific provisions of the Contract and any basis,
legal or factual, which support the dispute.
4. If any, the estimated quantum, calculated in accordance with methods set forth in subsection
105.24(b)12., with supporting documentation
5. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor is asserting a schedule change or disruption. This analysis shall meet the
requirements of subsection 108.08(d).
The Contractor shall submit as much information on the quantum and impacts to the Contract time as
is reasonably available with the REA and then supplement the REA as additional information
becomes available. If the dispute escalates to the DRB process, neither party shall provide or
present to the DRB any issue or any information that was not contained in the Request for Equitable
Adjustment and fully submitted in writing to the Project Engineer and Resident Engineer during the
105.22 process.
(c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with
the Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project
Engineer will issue a written decision on the merits of the dispute.
The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute
has merit. This determination will include a summary of the relevant facts, Contract provisions
supporting the determination, and an evaluation of all scheduling issues that may be involved.
If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the
adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is
determined, it shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05
or 109.10 and the dispute is resolved.
If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is
resolved and no further action will be taken. If the Contractor does not respond in seven days, it will
be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the
merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon
within 30 days, the Contractor may further pursue resolution of the dispute by providing written notice
to the Resident Engineer within seven days, according to subsection 105.22(d).
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the
Resident Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident
Engineer will meet with the Contractor to discuss the dispute. Meetings shall continue weekly for a
period of up to 30 days and shall include a Contractor's representative with decision authority above
the project level.
If these meetings result in resolution of the dispute, the resolution will be implemented in accordance
with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If these meetings do not result in a resolution or the participants mutually agree that they have
reached an impasse, the dispute shall be presented to the Dispute Review Board in accordance with
subsection 105.23.
105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will
provide specialized expertise in technical areas and administration of construction contracts. The DRB will
assist in and facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an
effort to avoid animosity and construction delays, and to resolve disputes as close to the project level as
possible. The DRB shall be established and operate as provided herein and shall serve as an independent
and impartial board. A DRB member shall not be called as witness for future litigation.
There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On
Demand DRB" unless a "Standing DRB" is specified in the Contract. An on Demand DRB shall be
established only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a).
A Standing DRB, when specified in the Contract, shall be established at the beginning of the project.
(a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with
subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the
period described in subsection 105.22(d).
(b) Formation of Dispute Review Board. DRBs will be established in accordance with the following
procedures:
1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of
pre -approved DRB candidates experienced in construction processes and the interpretation of
contract documents and the resolution of construction disputes. Only individuals who have
completed training (currently titled DRB Administration & Practice
Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT can
be a DRB member. DRB nominees shall be selected from the list of Pre -Approved candidates.
When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(1).
2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The
Contractor and CDOT shall select the DRB member and execute the Three -Party Agreement
within 30 days of initiating the DRB process. If the parties do not agree on the DRB member,
each shall select five candidates. Each party shall numerically rank their list using a scale of one
to five with one being their first choice and five being their last choice. If common
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
candidates are listed, but the parties cannot agree, that common candidate with the lowest
combined numerical ranking shall be selected. If there is no common candidate, the lists shall be
combined and each party shall eliminate three candidates from the list. Each party shall then
numerically rank the remaining candidates, with No. 1 being the first choice. The candidate with
the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer
will be responsible for having all parties execute the agreement.
3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The
Contractor and CDOT shall each select a member and those two members shall select a third.
Once the third member is approved the three members will nominate one of them to be the Chair
and execute the Three -Party Agreement within 45 days of initiating the DRB process.
4. The Standing DRB shall always have three members. The Contractor and CDOT shall each
select a member and those two members shall select a third member. Once the third member is
approved the three members will nominate one of them to be the Chair. The Contractor and
CDOT shall submit their proposed Standing DRB members within 5 days of execution of the
Contract. The third member shall be approved before the Pre -Construction Conference. The
third member shall be selected within 15 days of execution of the Contract. Prior to construction
starting the parties shall execute the Three -Party Agreement. The CDOT Project Engineer will be
responsible for having all parties execute the agreement. The Project Engineer will invite the
Standing DRB members to the Preconstruction and any Partnering conferences.
5. DRB members shall not have been involved in the administration of the project under
consideration. CDOT and the Contractor shall inform its selected DRB member who the major
firms/people are on the project and request its selected DRB member to review the CDOT
disclosure requirements and Canon of Ethics and then submit a disclosure statement which shall
also be submitted to the other party. DRB candidates shall complete the DRB Disclosure
Requirements & DRB Nominee Disclosure Form and disclose to the parties the following
relationships:
a. Prior employment with either party
b. Prior or current financial interests or ties to either party
c. Prior or current professional relationships with either party
d. Anything else that might bring into question the impartiality or independence of the DRB
member
e. Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT
DRB's they are serving or that they will be participating in another DRB.
If either party objects to the selection of the chair or other DRB members based on the
disclosures, or based on information not disclosed, which might bring into question the
impartiality, independence, or performance of the potential member, that potential member shall
not be placed on the Board.
6. There shall be no ex parted communications with the DRB at any time.
a. The service of a Board member may be terminated only by written agreement of both parties.
If a Board member resigns, is unable to serve, or is terminated, a new Board member shall
be selected within four weeks in the same manner as the Board member who was removed
was originally selected.
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REVISION OF SECTION 105
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b. Additional Responsibilities of the Standing Disputes Review Board
1. General. No later than 10 days after the Three -Party Agreement has been signed by the
Chief Engineer, the DRB will coordinate with the parties on the date and location of the
initial DRB meeting.
a) Obtain copies of the Contract documents and Contractor's schedules for each of the
Board members.
b) Agree on the location of future meetings, which shall be reasonably close to the
project site.
c) Establish an address and telephone number for each Board member for the purposes
of Board business.
2. Regular meetings. Regular meetings of the Board shall be held approximately every 120
to 180 days throughout the life of the Contract, except that this schedule may be modified
to suit developments on the job as the work progresses. Regular meetings shall be
attended by representatives of the Contractor and the Department.
3. The Board shall establish an agenda for each meeting which will cover all items that the
Board considers necessary to keep it abreast of the project such as construction status,
schedule, potential problems and solutions, status of past claims and disputes, and
potential claims and disputes. Copies of each agenda shall be submitted to the Contractor
and the Department at least seven days before the meeting date. Oral or written
presentations or both shall be made by the Contractor and the Department as necessary
to give the Board all the data the Board requires to perform its functions. The Board will
prepare minutes of each meeting, circulate them to all participants for comments and
approval, and issue revised minutes before the next meeting. As a part of each regular
meeting, a field inspection trip of all active segments of the work at the project site may be
made by the Board, the Contractor, and the Department.
4. Advisory Opinions
a) Advisory opinions are typically used soon after the parties find they have a potential
dispute and have conducted preliminary negotiations but before expenditure of
additional resources and hardening their positions. Advisory opinions provide quick
insight into the DRB's likely assessment of the dispute. This process is quick and
may be entirely oral and does not prejudice the opportunity for a DRB hearing.
b) Both parties must agree to seek an advisory opinion and so notify the chairperson.
The procedure for requesting and issuing advisory opinions should be discussed with
the DRB at the first meeting with the parties.
c) The DRB shall issue a one -page written opinion within 5 days of the hearing.
d) The opinion is only advisory and does not require an acceptance or rejection by either
party. If the dispute is not resolved and a hearing is held, the oral presentations and
advisory opinion are completely disregarded and the DRB hearing procedure is
followed.
Advisory opinions should be limited to merit issues only.
c. Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB
review process, the Project Engineer will:
1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time.
The hearing shall be held at the Resident Engineer's office unless an alternative location
is agreed to by both parties. Unless otherwise agreed to by both parties an On Demand
DRB hearing will be held within 30 days after the Three -Party Agreement is signed by the
CDOT Chief Engineer. Unless otherwise agreed to by both parties, a Standing DRB
BID NO # 81800100 Page 154
hearing will be held within 30 days after the DRB has been requested per subsection
1O5.23(a).
BID NO # B1800100 Page 155
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
2. Ensure DRB members have copies of all documents previously prepared by the
Contractor and CDOT pertaining to the dispute, the DRB request, the Contract
documents, and the special provisions at least two weeks before the hearing.
Pre -Hearing Submittal: All Pre -Hearing Submittals shall include only arguments,
supporting documentation, quantum, and other information as previously submitted in
writing and as previously disputed in the formal dispute process covered in
subsection 105.22 (b), (c), and (d). All Pre -Hearing Submittals planned to be used at
the hearing, shall be submitted to the other party 35 days prior to the hearing for
review for compliance with this requirement. If either party contends there are new
arguments, supporting documents, new quantum, or any new information in a pre -
Hearing Submittal, and the other party objects to this information being presented to
the DRB, the objecting party shall submit its objections in writing to the other party
within 10 days. The parties shall meet within 5 days to reconcile the objection before
the submittal is submitted to the DRB. If the parties cannot reconcile the objection,
but the new argument, supporting documentation, new quantum, or new information
does not change either party's position on merit or quantum, the information shall be
allowed in the Pre -Hearing submittal and presented to the DRB. If the parties cannot
reconcile the objections within the 5 days allowed, each party shall submit a one
page brief on their objections, but not the actual information objected to, to the DRB
for a decision on the use of the documents. The DRB shall not approve any
information simply because it is relevant to the dispute or referenced during the
dispute. Neither party shall attempt to present anything to the DRB which they did
not present to the other party during the dispute process. The dispute process shall
be delayed while this determination is being made and a new hearing date set, if
necessary. Pre -Hearing Submittals to the DRB are as follows:
Joint Statement: At least 20 days prior to the hearing the Joint Statement(s) shall be
submitted to the DRB. The parties shall make every attempt to agree upon a Joint
Statement of the dispute. If the parties cannot agree on the Joint Statement, each
party's independent statement shall be submitted to the DRB. The Joint Statement
shall summarize, in a few sentences, the nature of the dispute(s) and the scope of
the desired decision.
3. Position Paper: At least 15 days prior to the hearing, CDOT and the Contractor shall
submit by email to the DRB Chairperson their party's Position Paper. The DRB
Chairperson shall simultaneously distribute by email the Position Papers to all parties
and other DRB members, if any. The position paper shall contain the following:
a) The basis and justification for the party's position, with reference to specific
contract language and the supporting documents of each element of the
disputes.
b) A list of proposed attendees for the hearing. In the event of any objection by a
party, the DRB shall make a final determination as to who attends the hearing.
c) When the scope of the hearing includes quantum, full cost details, calculated in
accordance with methods set forth in subsection 105.24(b)12. The Scope of the
BID NO # B1800100 Page 156
hearing will not include quantum if CDOT has ordered an audit and that audit has
not be completed.
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REVISION OF SECTION 105
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4. Supporting Documents; At least 15 days prior to the hearing, each party shall submit
a copy of all its supporting documents to the DRB and the other party. Supporting
documents include any presentations, visuals, or handouts planned to be used at the
hearing. To minimize duplication and repetitiveness, the parties are encouraged to
identify a common set of documents that will be referred to by both parties and
submit them in a separate package to the DRB at least 20 days prior to the hearing.
Common documents are communications between parties, speed memos, change
orders, schedules, request for equitable adjustment, and correspondence, and any
document used in the Subsection 105.22 process. CDOT shall submit the common
set of documents to the Board and Contractor.
5. If relevant to the dispute and requested by the Board, the Engineer shall provide to
the DRB either website links, electronic pdf's, or hard copies of pertinent contract
documents such as plans, specifications, and M&S Standards.
d. Pre -Hearing Phone Conference: A pre -hearing phone conference with all Board members
and the parties shall be conducted as soon as a hearing date is established, but no later
than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how
the hearing will be conducted including how the two parties will present their information. (Ex.
Each party makes a full presentation of their positions or presentations will be made on a
"point by point" basis with each party making a presentation only on the individual dispute
issue before moving onto the next issue.)
If the pre -hearing position papers and documents have been received by the DRB prior to
the conference call, the Chairperson shall discuss the estimated hours of review and
activities for the disputes (such as time spent evaluating and preparing recommendation on
specific issues presented to the DRB). If the pre -hearing position papers and documents
have not been received by the Board prior to the conference call, another conference call will
be scheduled during the initial conference call to discuss the estimated hours of review. The
Engineer shall coordinate the conference call.
e. Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson
shall control the hearing and conduct it as follows:
1. An employee of CDOT presents a brief description of the project and the status of
construction on the project.
2. The party that requested the DRB presents the dispute in detail as supported by
previously submitted information and documentation in the pre -hearing position paper.
No new information or disputes will be heard or addressed by the DRB. Rebuttals of the
other party's arguments shall not be presented at this time.
3. The other party presents its position in detail as supported by previously submitted
information and documentation.
4. The party that requested the DRB presents their rebuttals followed by the other party's
rebuttals.
5. Upon completion of their presentations and rebuttals, both parties and the DRB will be
provided the opportunity to exchange questions and answers. Questions from the
parties shall be directed to the Chairperson. Attendees may respond only when board
members request a response.
6. Employees of each party are responsible for leading presentations at the DRB hearing.
7. Attorneys shall not participate in the hearing unless the DRB specifically addresses an
issue to them or unless agreed to by both parties. Should the parties disagree on
BID NO # B1800100 Page 158
attorney participation, the DRB shall decide on what, if any, participation will be
permitted. Attorneys representing the parties are permitted to attend the hearing,
provided their presence has been noted in the pre -hearing submittal.
BID NO # B1800100 Page 159
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
8. Either party may use experts only if the expert has previously presented to the other party
before the DRB process. A party intending to offer an outside expert's analysis at the
hearing shall disclose such intention in the pre -hearing position paper. The expert's
name and a general statement of the area of the dispute that will be covered by his
presentation shall be included in the disclosure. The other party may present an outside
expert to address or respond to those issues that may be raised by the disclosing party's
outside expert.
9. If both parties approve, the DRB may retain an outside expert. The DRB chairperson
shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the
Contractor shall equally bear the cost of the services of the outside expert employed by
the DRB.
10. If either party attempts to present an argument, documentation, quantum, or new
information which the other party feels was not in the Pre -Hearing submittals, the
chairperson shall require the party to demonstrate where in the Pre -Hearing submittal the
information in question resides.
11. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing
one time. On the final date and time established for the hearing, the DRB shall proceed
with the hearing using the information that has been submitted.
12. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in
attendance.
f. Dispute Review Board Recommendation. The DRB shall issue a Recommendation in
accordance with the following procedures:
1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the
closure of the hearing, the DRB members and the Contractor and CDOT together will
discuss the time needed for analysis and review of the dispute and the issuance of the
DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed
to by both parties. At a minimum, the recommendation shall contain all the elements
listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions listed at the
end of subsection 105.24.
2. After the meeting has been closed, the DRB shall prepare a written Recommendation
signed by each member of the DRB. In the case of a three -member DRB, where one -
member dissents that member shall prepare a written dissent and sign it.
3. The chairperson shall transmit the signed Recommendation and any supporting
documents to both parties.
g.
Clarification and Reconsideration of Recommendation. Either party may request in writing a
clarification or reconsideration of a decision within ten days following receipt of the
Recommendation. Within ten days after receiving the request, the DRB shall provide written
clarification or reconsideration to both parties.
Requests for clarification or reconsideration shall be submitted in writing simultaneously to
the DRB and to the other party.
The Board shall not accept requests for reconsideration that amount to a renewal of a prior
argument or additional argument based on facts available at the time of the hearing. The
BID NO # B1800100 Page 160
Board shall not consider any documents or arguments which have not been made a part of
the pre -hearing submittal other than clarification and data supporting previously submitted
documentation.
December 7, 2017
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Only one request for clarification or reconsideration per dispute from each party will be
allowed.
h. Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their
written acceptance or rejection of the Recommendation, in whole or in part, concurrently to
the other party and to the DRB within 14 days after receipt of the Recommendation or
following receipt of responses to requests for clarification or reconsideration.
If the parties accept the Recommendation or a discreet part thereof, it will be implemented in
accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If either party rejects the Recommendation in whole or in part, it shall give written explanation
to the other party and the DRB within 14 days after receiving the Recommendation. When
the Recommendation is rejected in whole or in part by either party, the other party may either
abandon the dispute or pursue a formal claim in accordance with subsection 105.24.
If either party fails to submit its written acceptance or rejection of the Dispute Board's
recommendation, according to these specifications, such failure shall constitute that party's
acceptance of the Board's recommendation.
i. Admissibility of Recommendation. Recommendations of a DRB issued in accordance with
subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the
following paragraph:
This Recommendation may be taken under consideration with the understanding that:
1. The DRB Recommendation was a proceeding based on presentations by the parties.
2. No fact or expert witnesses presented sworn testimony or were subject to cross-
examination.
3. The parties to the DRB were not provided with the right to any discovery, such as
production of documents or depositions.
4. There is no record of the DRB hearing other than the Recommendation.
j•
Cost and Payments.
1. General Administrative Costs. The Contractor and the Department shall equally share
the entire cost of the following to support the Board's operation:
a) Copies of Contract and other relevant documentation
b) Meeting space and facilities
c) Secretarial Services
d) Telephone
e) Mail
f) Reproduction
BID NO # B1800100 Page 161
g) Filing
2. The Department and the Contractor shall bear the costs and expenses of the DRB
equally. Each DRB board member shall be compensated at an agreed rate of $1,200
per day if time spent on -site per meeting is greater than four hours. Each DRB board
member shall be compensated at an agreed rate of $800 per day if time spent on -site
per meeting is less than or equal to four hours. The time spent traveling to and from
each meeting shall be
December 7, 2017
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily
and travel time rates shall be considered full compensation for on -site time, travel
expenses, transportation, lodging, time for travel of more than 50 miles and incidentals
for each day, or portion thereof that the DRB member is at an authorized DRB meeting.
No additional compensation will be made for time spent by DRB members in review and
research activities outside the official DRB meetings unless that time, (such as time
spent evaluating and preparing recommendations on specific issues presented to the
DRB), has been specifically agreed to in advance by the Department and Contractor.
Time away from the project that has been specifically agreed to in advance by the parties
will be compensated at an agreed rate of $125 per hour. The agreed amount of $125
per hour shall include all incidentals. Members serving on more than one DRB,
regardless of the number of meetings per day, shall not be paid more than the all-
inclusive rate per day or rate per hour for an individual project.
3. Payments to Board Members and General Administrative Costs. Each Board member
shall submit an invoice to the Contractor for fees and applicable expenses incurred each
month following a month in which the Board members participated in Board functions.
Such invoices shall be in the format established by the Contractor and the Department.
The Contractor shall submit to the Department copies of all invoices. No markups by the
Contractor will be allowed on any DRB costs. The Department will split the cost by
authorizing 50 percent payment on the next progress payment. The Contractor shall
make all payments in full to Board members within seven calendar days after receiving
payment from the Department for this work.
BID NO # B1800100 Page 162
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
k. Dispute Review Board Three Party Agreement
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT
COLORADO PROJECT NO.
THIS THREE -PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and
between: the Colorado Department of Transportation, hereinafter called the "Department"; and
, hereinafter called
the "Contractor"; and
and
hereinafter called the "Dispute Review Board" or "Board".
WHEREAS, the Department is now engaged in the construction of the
(PROJECT NAME)
And
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections
105.22 and 105.23 of the specifications.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The Department and the Contractor shall form a Board in accordance with this agreement and the
provisions of subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of
this agreement.
ARTICLE III
COMPENSATION
The parties shall share equally in the cost of the Board, including general administrative costs (meeting
space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's
individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is
prohibited.
BID NO # B1800100
Page 163
December 7, 2017
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 2
COLORADO PROJECT NO.
The Contractor shall make all payments in full to Board members. The Contractor will submit to the
Department an itemized statement for all such payments, and the Department will split the cost by
including 50 percent payment on the next progress payment. The Contractor and the Department will
agree to accept invoiced costs prior to payment by the Contractor.
Board members shall keep all fee records pertaining to this agreement available for inspection by
representatives of the Department and the Contractor for a period of three years after the termination of
the Board members' services.
Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed
to by each Board member, the Contractor, and the Department. In addition, reimbursement will be
made for applicable expenses.
Each Board member shall submit an invoice to the Contractor for fees incurred each month following a
month in which the members participated in Board functions. Such invoices shall be in the format
established by the Contractor and the Department.
Payments shall be made to each Board member within 60 days after the Contractor and Department
have received all the applicable billing data and verified the data submitted by that member. The
Contractor shall make payment to the Board member within seven calendar days of receipt of payment
from the Department.
ARTICLE IV
ASSIGNMENT
Board members shall not assign any of the work to be performed by them under this agreement. Board
members shall disclose any conflicts of interest including but not limited to any dealings with the either
party in the previous five years other than serving as a Board member under other contracts.
ARTICLE V
COMMENCEMENT AND TERMINATION OF SERVICES
The commencement of the services of the Board shall be in accordance with subsection 105.23 of the
specifications and shall continue until all assigned disputes under the Contract which may require the
Board's services have been heard and a Recommendation has been issued by the Board as specified
in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in
subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its
responsibilities as though there had been no change.
ARTICLE VI
LEGAL RELATIONS
The parties hereto mutually agree that each Board member in performance of his duties on the Board is
acting as an independent contractor and not as an employee of either the Department or the Contractor.
Board members will guard their independence and avoid any communication about the substance of the
dispute without both parties being present.
BID NO # B1800100 Page 164
BID NO # B1800100 Page 165
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
The Board members are absolved of any personal liability arising from the Recommendations of the
Board. The parties agree that members of the dispute review board panel are acting as mediators for
purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall
be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6)
DRB members shall not be called as witness for future litigation
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 3
COLORADO PROJECT NO.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and
year first written above.
BOARD MEMBER:
BY:
BOARD MEMBER:
BY:
BOARD MEMBER:
BY:
CONTRACTOR:
BY:
TITLE:
COLORADO DEPARTMENT OF TRANSPORTATION
BY:
TITLE: CHIEF ENGINEER
Date:
105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes
resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution
of the dispute. Other methods of nonbinding dispute resolution, exclusive of arbitration and litigation,
can be used if agreed to by both parties.
This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor
with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more
BID NO # B1800100 Page 166
December 7, 2017
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract
shall be submitted through the Contractor in accordance with this subsection as a pass -through claim.
Review of a pass -through claim does not create privity of Contract between CDOT and any other entity.
Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution
processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes which
must be exhausted in their entirety.
Merit -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief
Engineer's decision, absent written agreement otherwise by both parties.
The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County
Court for the City and County of Denver.
Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual
agreement of the parties for all claims submitted in accordance with this subsection.
The cost of the non -binding ADR process shall be shared equally by both parties with each party
bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the
parties and shall be conducted within the State of Colorado at a mutually acceptable location.
Participation in a nonbinding ADR process does not in any way waive the requirement that merit -binding
arbitration or litigation proceedings must commence within 180 -calendar days of the Chief Engineer's
decision, absent written agreement otherwise by both parties.
(a) Notice of Intent to File a Claim.
Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in
accordance with subsection 105.23, the Contractor shall provide the Region Transportation Director
with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to
the Resident Engineer. For the purpose of this subsection Region Transportation Director shall
mean the Region Transportation Director or the Region Transportation Director's designated
representative. CDOT will acknowledge in writing receipt of Notice of Intent within 7 days.
(b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the
Contractor shall submit five copies of a complete claim package representing the final position the
Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable
the RTD to ascertain the basis and amount of claim. The claim package shall include all documents
supporting the claim, regardless of whether such documents were provided previously to CDOT.
If requested by the Contractor the 60 -day period may be extended by the RTD in writing prior to final
acceptance. As a minimum, the following information shall accompany each claim:
1. A claim certification containing the following language, as appropriate:
a. For a direct claim by the Contractor:
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
CONTRACTOR'S CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name) , (title)
, of (company) , hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for work
on this contract is true to the best of my knowledge and belief and supported under the Contract
between the parties.
This claim package contains all available documents that support the claims made herein and I
understand that no additional information, other than for clarification and data supporting previously
submitted documentation, may be presented by me.
Dated /s/
Subscribed and sworn before me this day of
NOTARY PUBLIC
My Commission Expires:
b. For a pass -through claim:
PASS -THROUGH CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name)
, (title) , of (company) , hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for
work on this Project is true to the best of my knowledge and belief and supported under the contract
between the parties.
This claim package contains all available documents that support the claims made herein and I
understand that no additional information, other than for clarification and data supporting previously
submitted documentation, may be presented by me.
Dated /s/
Subscribed and sworn before me this day of , 2018
NOTARY PUBLIC
My Commission Expires:
Dated /s
The Contractor certifies that the claim being passed through to CDOT is passed through in good faith
and is accurate and complete to the best of my knowledge and belief.
Dated /s/
Subscribed and sworn before me this day of
NOTARY PUBLIC
My Commission Expires:
2. A detailed factual statement of the claim for additional compensation, time, or both, providing all
necessary dates, locations, and items of work affected by the claim. The Contractor's detailed
BID NO # B1800100
Page 168
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
factual statement shall expressly describe the basis of the claim and factual evidence supporting
the claim.
This requirement is not satisfied by simply incorporating into the claim package other documents
that describe the basis of the claim and supporting factual evidence.
3. The date on which facts were discovered which gave rise to the claim.
4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be
knowledgeable about facts giving rise to such claim.
5. The name, title, and activity of all known Contractor, subcontractor, supplier and other
individuals who may be knowledgeable about facts giving rise to such claim.
6. The specific provisions of the Contract, which support the claim and a statement of the reasons
why such provisions support the claim.
7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project
Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating
to the decision of the Project Engineer.
8. The identification of any documents and the substance of all oral communications that support
the claim.
9. Copies of all known documents that support the claim.
10. The Dispute Review Board Recommendation.
11. If an extension of contract time is sought, the documents required by subsection 108.08(d).
12. If additional compensation is sought, the exact amount sought and a breakdown of that amount
into the following categories:
a. These categories represent the only costs that, if applicable, are recoverable by the
Contractor. All other costs or categories of costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor
(2) Costs for additional bond, insurance and tax
(3) Increased costs for materials
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor
owned equipment and based on certified invoice costs for rented equipment
(5) Costs of extended job site overhead (only applies if the dispute also includes a time
extension)
(6) Salaried employees assigned to the project (only applies if the dispute includes a time
extension or if the dispute required salaried employee(s) to be added to the Project.)
(7) Claims from subcontractors and suppliers at any level (the same level of detail as
specified herein is required for all such claims)
(8) An additional 16 percent will be added to the total of items (1) through (7) as
compensation for items for which no specific allowance is provided, including profit and
home office overhead.
(9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the
Notice of Intent to File Claim
b. In adjustment for the costs as allowed above, the Department will have no liability for the
following items of damages or expense:
(1) Profit in excess of that provided in 12.a.(8) above
(2) Loss of Profit
(3) Additional cost of labor inefficiencies in excess of that provided in A. above
(4) Home office overhead in excess of that provided in A. above
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(5) Consequential damages, including but not limited to loss of bonding capacity, loss of
bidding opportunities, and insolvency
(6) Indirect costs or expenses of any nature in excess of that provided in A. above
(7) Attorney's fees, claim preparation fees, and expert fees
c. Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for
all disputes and claims with amounts greater than $250,000. All audits will be complete within 60
days of receipt of the complete claim package, provided the Contractor allows the auditors
reasonable and timely access to the Contractor's books and records. For all claims with amounts
greater than $250,000 the Contractor shall submit a copy of certified claim package directly to the
CDOT Audit Unit at the following address:
Division of Audit
4201 E. Arkansas Ave
Denver, Co. 80222
d. Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will
review the claim and render a written decision to the Contractor to either affirm or deny the claim, in
whole or in part, in accordance with the following procedure.
The RTD may consolidate all related claims on a project and issue one decision, provided that
consolidation does not extend the time period within which the RTD is to render a decision.
Consolidation of unrelated claims will not be made.
The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim
package or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review
the information in the Contractor's claim; (2) will conduct a hearing if requested by either party; and
(3) may consider any other information available in rendering a decision.
The RTD will assemble and maintain a claim record comprised of all information physically
submitted by the Contractor in support of the claim and all other discoverable information
considered by the RTD in reaching a decision. Once the RTD assembles the claim record, the
submission and consideration of additional information, other than for clarification and data
supporting previously submitted documentation, at any subsequent level of review by anyone, will
not be permitted.
The RTD will provide a copy of the claim record and the written decision to the Contractor describing
the information considered by the RTD in reaching a decision and the basis for that decision. If the
RTD fails to render a written decision within the 60 -day period, or within any extended time period as
agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2)
appeal the claim to the Chief Engineer, as described in this subsection.
If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in
accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.
If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD
decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of
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the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the
RTD decision is final.
e. Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the
Chief Engineer. Within 15 days of the appeal either party may submit a written request for a hearing
with the Chief Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly
authorized Headquarters delegate will review the claim and render a decision to affirm, overrule, or
modify the RTD decision in accordance with the following.
The Contractor's written appeal to the Chief Engineer will be made a part of the claim record.
The Chief Engineer will render a written decision within 60 days after receiving the written appeal.
The Chief Engineer will not consider any information that was not previously made a part of the
claim record, other than clarification and data supporting previously submitted documentation.
The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor
shall notify the Chief Engineer of its acceptance or rejection in writing.
If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be
implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is
resolved.
If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue
an alternative dispute resolution process in accordance with this specification or (2) initiate litigation
or merit binding arbitration in accordance with subsection 105.24(f).
If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate
either litigation or merit binding arbitration in accordance with subsection 105.24(f).
For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit
binding arbitration or De Novo litigation shall be brought within 180 -calendar days from the date of
the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to
bring suit within the time period provided, shall be a complete bar to any such claims or causes of
action.
f. De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's
decision, the Contractor may initiate de novo litigation or merit binding arbitration to finally resolve
the claim that the Contractor submitted to CDOT, depending on which option was selected by the
Contractor on Form 1378 which shall be submitted at the preconstruction conference. Such
litigation or arbitration shall be strictly limited to those claims that were previously submitted and
decided in the contractual dispute and claims processes outlined herein. This does not preclude the
joining in one litigation or arbitration of multiple claims from the same project provided that each
claim has gone through the dispute and claim process specified in subsections 105.22 through
105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative
dispute resolution.
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If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the
Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and
for the City and County of Denver, unless both parties agree to the use of arbitration.
If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to merit
binding arbitration, arbitration shall be governed by the modified version of ARBITRATION
PROVIDER's Construction Industry Arbitration Rules which follow. Pursuant to the modified
arbitration rules (R35 through R39), the arbitrators shall issue a binding decision with regard to
entitlement and a non -binding decision with regard to quantum. If either party disagrees with the
decision on quantum, the disagreeing party may seek a trial de novo in Denver District Court with
regard to quantum only.
AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES
MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24
REGULAR TRACK PROCEDURES
R-1. Agreement of Parties
(a) The parties shall be deemed to have made these rules a part of their Contract. These rules and
any amendments shall apply in the form in effect at the time the administrative requirements are
met for a demand
for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules.
After appointment of the arbitrator, such modifications may be made only with the consent of the
arbitrator.
(b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in
which aggregate claims do not exceed $100,000, exclusive of interest and arbitration fees and
costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree
otherwise, these procedures will not apply in cases involving more than two parties except for
pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1
through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with
the Fast Track Procedures.
(c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes
shall apply to all cases in which the disclosed aggregate claims of any party is at least $1,000,000,
exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these
procedures in cases involving claims under $1,000,000, or in nonmonetary cases. The Procedures
for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L-
4 of these rules, in addition to any other portion of these rules that is not in conflict with the
Procedures for Large, Complex Construction Disputes.
(d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules.
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R-2. Independent Arbitration Provider and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide for arbitration by an
independent third -party (Arbitration Provider) and arbitration is initiated under these rules, they thereby
authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration
Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such
of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the
administration of an arbitration to its Denver office.
R-3. Initiation of Arbitration
Arbitration shall be initiated in the following manner.
(a)The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief
Engineer written notice of its intention to arbitrate (the "demand"). The demand shall indicate the
appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration.
(b) CDOT may file an answering statement with the Contractor within 15 days after receiving the
demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the
counterclaim, the amount involved, if any, and the remedy sought.
(c)The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration
Association, which will administer an arbitration pursuant to these Rules, except to the extent that
such rules conflict with the specifications, in which case the specifications shall control.
(d) The Arbitration Provider shall confirm its retention to the parties.
R-4. Consolidation or Joinder
If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all
involved parties will endeavor to agree on a process to effectuate the consolidation or joinder.
If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited
purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing
a fair and appropriate process for consolidation or joinder. All requests for consolidation or joinder must
be submitted to the Arbitration Provider prior to the appointment of an arbitrator or within 90 days of the
date the Arbitration Provider determined that all administrative filing requirements were satisfied,
whichever is later. The Arbitration Provider may take reasonable administrative action to accomplish the
consolidation or joinder as directed by the arbitrator. Requests for consolidation or joinder submitted
beyond these timeframes shall not be permitted absent a determination by the Merits Arbitrator that
good cause was shown for the late request.
To request consolidation of arbitrations, the requesting party must have filed a demand for arbitration,
including the applicable arbitration provision(s) from the parties' contract(s) and must provide a written
request for consolidation which provides the supporting reasons for such request.
To request joinder of parties, the requesting party must file with the AAA a written request to join parties
to an existing arbitration which provides the names and contact information for such parties, names and
contact information for the parties' representatives, if known, and supporting reasons for such request.
R-5. Appointment of Arbitrator
An arbitrator shall be appointed in the following manner:
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(a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send
simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The
parties are encouraged to agree to an arbitrator from the submitted list and to advise the
ARBITRATION PROVIDER of their agreement. Absent agreement of the parties, the arbitrator shall
not have served as the mediator in the mediation phase of the instant proceeding.
(b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days
from the transmittal date in which to strike names objected to, number the remaining names in order
of preference, and return the list to the Arbitration Provider. If a party does not return the list within
the time specified, all persons named therein shall be deemed acceptable. From among the persons
who have been approved on both lists, and in accordance with the designated order of mutual
preference, the Arbitration Provider shall invite an arbitrator to serve.
(c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and
three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the
date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson.
(e) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15
calendar days from the date of the appointment of the last arbitrator.
R-6. Changes of Claim
The arbitrator(s) will not consider any information that was not previously made a part of the claim
record as transmitted by the Chief Engineer, other than clarification and data supporting previously
submitted documentation.
R-7. Disclosure
(a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider
any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or
independence, including any bias or any interest in the result of the arbitration or any relationship
with the parties or their representatives. Such obligation shall remain in effect throughout the
arbitration.
(b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall
communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator
and others.
(c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-
6 is not to be construed as an indication that the arbitrator considers that the disclosed
circumstances are likely to affect impartiality or independence.
(d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business
connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the
evaluation, preparation, or presentation of the claim case either for the Contractor or the Department
or have rendered an opinion on the merits of the claim for either party, and shall not do so during the
proceedings of arbitration.
R-8. Disqualification of Arbitrator
(a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence
and in good faith, and shall be subject to disqualification for:(i) partiality or lack of independence, (ii)
inability or refusal to perform his or her duties with diligence and in good faith; and/or (iii) any
grounds for disqualification provided by applicable law.
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(b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the
Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds
set out above, and shall inform the parties of its decision, which decision shall be conclusive.
R-9. Communication with Arbitrator
No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a
candidate for arbitrator concerning the arbitration.
R-10. Vacancies
(a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider
may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance
with the applicable provisions of these rules.
(b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the
remaining arbitrator or arbitrators may continue with the hearing and determination of the
controversy, unless the parties agree otherwise.
(c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in
its sole discretion whether it is necessary to repeat all or part of any prior hearings.
R-11. Jurisdiction
(a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections
with respect to the existence, scope or validity of the arbitration agreement.
(b) The arbitrator shall have the power to determine the existence or validity of a contract of which an
arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement
independent of the other terms of the contract. A decision by the arbitrator that the contract is null
and void shall not for that reason alone render invalid the arbitration clause.
(c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim
no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator
may rule on such objections as a preliminary matter or as part of the final award.
R-12. Administrative Conference
At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may
conduct an administrative conference, in person or by telephone, with the parties and/or their
representatives. The conference may address such issues as arbitrator selection, potential exchange of
information, a timetable for hearings and any other administrative matters.
RuleR-13. Preliminary Hearing
(a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the
arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their
representatives. The preliminary hearing may be conducted by telephone at the arbitrator's
discretion.
(b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of
the case, including clarification of the issues and claims, a schedule for the hearings and any other
preliminary matters.
R-14. Pre -Hearing Exchange and Production of Information
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(a) Authority of arbitrator. The arbitrator shall manage any necessary exchange of information among
the parties with a view to achieving an efficient and economical resolution of the dispute, while at the
same time promoting equality of treatment and safeguarding each party's opportunity to fairly present its
claims and defenses.
(b) Documents. The arbitrator may, on application of a party or on the arbitrator's own initiative:
i. require the parties to exchange documents in their possession or custody on which they intend
to rely;
ii. require the parties to update their exchanges of the documents on which they intend to rely as
such documents become known to them;
iii. require the parties, in response to reasonable document requests, to make available to the other
party documents, in the responding party's possession or custody, not otherwise readily
available to the party seeking the documents, reasonably believed by the party seeking the
documents to exist and to be relevant and material to the outcome of disputed issues; and
iv. require the parties, when documents to be exchanged or produced are maintained in electronic
form, to make such documents available in the form most convenient and economical for the
party in possession of such documents, unless the arbitrator determines that there is good
cause for requiring the documents to be produced in a different form. The parties should attempt
to agree in advance upon, and the arbitrator may determine, reasonable search parameters to
balance the need for production of electronically stored documents relevant and material to the
outcome of disputed issues against the cost of locating and producing them.
(c) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature
of arbitration, the arbitrator may direct:
i. the production of documents and other information;
ii. require the parties to update their exchanges of the documents on which they intend to rely as
such documents become known to them; and/or
iii. the identification of any witnesses to be called.
(d) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they
intend to submit at the hearing.
(e) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(f) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of
justice require it.
R-15. Date, Time, and Place of Hearing
(a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties
shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the
earliest practicable date, and adhere to the established hearing schedule.
(b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such
agreement, the arbitration shall be held in the City and County of Denver.
(c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in
advance of the hearing date, unless otherwise agreed by the parties.
R-16. Attendance at Hearings
The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law
provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend
hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other
than a party or other essential person, during the testimony of any other witness. It shall be discretionary
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with the arbitrator to determine the propriety of the attendance of any person other than a party and its
representative.
R-17. Representation
Any party may be represented by counsel or other authorized representative. A party intending to be so
represented shall notify the other party and the Arbitration Provider of the name and address of the
representative at least three calendar days prior to the date set for the hearing at which that person is
first to appear.
R-18. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by
law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly
qualified person and, if it is required by law or requested by any party, shall do so.
R-19. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and
shall notify the other parties of these arrangements at least three days in advance of the hearing. The
requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or
determined by the arbitrator to be the official record of the proceeding, it must be provided to the
arbitrator and made available to the other parties for inspection, at a date, time, and place determined
by the arbitrator.
R-20. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall
assume the costs of the service.
R-21. Postponements
The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon
request of a party, or upon the arbitrator's own initiative.
R-22. Arbitration in the Absence of a Party or Representative
Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or
representative who, after due notice, fails to be present or fails to obtain a postponement. An award
shall not be made solely on the default of a party. The arbitrator shall require the party who is present to
submit such evidence as the arbitrator may require for the making of an award.
R-23. Conduct of Proceedings
(a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence
supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator
and the adverse party. The arbitrator has the discretion to vary this procedure; provided that the
parties are treated with equality and that each party has the right to be heard and is given a fair
opportunity to present its case.
(b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to
expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and
direct the parties to focus their presentations on issues the decision of which could dispose of all or
part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of
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a claim or that may expedite the proceedings, and may also make preliminary rulings and enter
interlocutory orders.
(c) The parties may agree to waive oral hearings in any case.
R-24. Evidence
(a) The arbitrators shall consider all written information available in the claim record and all oral
presentations in support of that record by the Contractor and CDOT. Conformity to legal rules of
evidence shall not be necessary.
(b) The arbitrators shall not consider any written documents or arguments which have not previously
been made a part of the claim record, other than clarification and data supporting previously
submitted documentation. The arbitrators shall not consider an increase in the amount of the claim,
or any new claims.
(c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered.
The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be
cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved.
All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except
where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the
parties and the arbitrators agree otherwise.
(d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving
the confidentiality of communications between a lawyer and client.
(e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so
upon the request of any party or independently.
R-25. Evidence by Affidavit and Post -Hearing Filing of Documents or Other Evidence
(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but
shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection
made to its admission.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the
arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties
and the arbitrator, shall be filed with the Arbitration Provider for transmission to the arbitrator. All
parties shall be afforded an opportunity to examine and respond to such documents or other
evidence.
R-26. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration
shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time
and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an
inspection or investigation. In the event that one or all parties are not present at the inspection or
investigation, the arbitrator shall make an oral or written report to the parties and afford them an
opportunity to comment.
R-27. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive
relief and measures for the protection or conservation of property and disposition of perishable
goods.
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(b) A request for interim measures addressed by a party to a judicial authority shall not be deemed
incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
R-28. Closing of Hearing
When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing
closed.
If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the
hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents,
responses, or briefs. The time limit within which the arbitrator is required to make the award shall
commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing
of the hearing.
R-29. Reopening of Hearing
The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon
application of a party, at any time before the award is made. If reopening the hearing would prevent the
making of the award within the specific time agreed to by the parties in the arbitration agreement, the
matter may not be reopened unless the parties agree to an extension of time. When no specific date is
fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the
reopened hearing within which to make an award.
R-30. Waiver of Rules
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these
rules has not been complied with and who fails to state an objection in writing shall be deemed to have
waived the right to object.
R-31. Extensions of Time
The parties may modify any period of time by mutual agreement. The Arbitration Provider or the
arbitrator may for good cause extend any period of time established by these rules, except the time for
making the award. The Arbitration Provider shall notify the parties of any extension.
R-32. Serving of Notice
(a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration
under these rules; for any court action in connection therewith, or for the entry of judgment on any
award made under these rules, may be served on a party by mail addressed to the party or its
representative at the last known address or by personal service, in or outside the state where the
arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has
been granted to the party.
(b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic
facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules.
(c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted
by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the
other party or parties to the arbitration.
R-33. Majority Decision
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When the panel consists of more than one arbitrator, unless required by law or by the arbitration
agreement, a majority of the arbitrators must make all decisions; however, in a multi -arbitrator case, if all
parties and all arbitrators agree, the chair of the panel may make procedural decisions.
Where there is a panel of three arbitrators, absent an objection of a party or another member of the
panel, the chairperson of the panel is authorized to resolve or delegate to another member of the panel
to resolve any disputes related to the exchange of information or procedural matters without the need to
consult the full panel.
R-34. Time of Award
The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or
specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings
have been waived, from the date of the Arbitration Provider's transmittal of the final statements and
proofs to the arbitrator.
R-35. Form of Award
After complete review of the facts associated with the claim, the arbitrators shall render a written
explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the
award shall be signed by the two arbitrators. The arbitrator's decision shall include:
(a) A summary of the issues and factual evidence presented by the Contractor and the Department
concerning the claim;
(b) Decisions concerning the validity of the claim;
(c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid;
(d) The contractual and factual bases supporting the decisions made including an explanation as to
why each and every position was accepted or rejected;
(e) Detailed and supportable calculations which support any decisions.
R-36. Scope of Award
(a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within
the scope of the agreement of the parties, including, but not limited to, equitable relief and specific
performance of a contract.
(b) In addition to the final award, the arbitrator may make other decisions, including interim,
interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include
interest at the statutory rate and from such date as the arbitrator may deem appropriate.
R-37. Delivery of Award to Parties
Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof
in the mail addressed to the parties or their representatives at the last known address, personal or
electronic service of the award, or the filing of the award in any other manner that is permitted by law.
R-38. Modification of Award
Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any
party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical,
technical or computational errors in the award. The arbitrator is not empowered to re -determine the
merits of any claim already decided.
BID NO # B1800100 Page 182
December 7, 2017
29
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
If the modification request is made by a party, the other parties shall be given 10 calendar days to
respond to the request. The arbitrator shall dispose of the request within 25 calendar days after
transmittal by the Arbitration Provider to the arbitrator of the request.
If applicable law provides a different procedural time frame, that procedure shall be followed.
R-39. Appeal of Award
Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado
Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision
on the value of the claim to the Colorado State District Court in and for the City and County of Denver
for trial de novo.
R-40. Release of Documents for Judicial Proceedings
The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense,
certified copies of any papers in the Arbitration Provider's possession that may be required in judicial
proceedings relating to the arbitration.
R-41. Applications to Court and Exclusion of Liability
(a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a
waiver of the party's right to arbitrate.
(b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or
proper party in judicial proceedings relating to the arbitration.
(c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award
may be entered in any federal or state court having jurisdiction thereof.
(d) Parties to an arbitration under these rules shall be deemed to have consented that neither the
Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or
injunctive relief for any act or omission in connection with any arbitration under these rules.
R-42. Administrative Fees
The Arbitration Provider shall prescribe filing and other administrative fees and service charges to
compensate it for the cost of providing administrative services. The fees in effect when the fee or
charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties.
The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce
the administrative fees.
R-43. Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other
expenses of the arbitration, including required travel and other expenses of the arbitrator, Arbitration
Provider representatives, and any witness and the cost of any proof produced at the direct request of
the arbitrator, shall be borne equally by the parties.
R-44. Neutral Arbitrator's Compensation
Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation.
If there is disagreement concerning the terms of compensation, an appropriate rate shall be established
with the arbitrator by the Arbitration Provider and confirmed to the parties.
BID NO # B1800100 Page 183
December 7, 2017
30
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Such compensation shall be borne equally by the parties.
R-45. Deposits
The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of
money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if
any, and shall render an accounting to the parties and return any unexpended balance at the conclusion
of the case.
R-46. Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and
duties by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to
the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the
Arbitration Provider.
R-47. Suspension for Nonpayment
If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider
may so inform the parties in order that the parties may advance the required payment. If such payments
are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator
has yet been appointed, the Arbitration Provider may suspend the proceedings.
FAST TRACK PROCEDURES
F-1. Limitations on Extensions
In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a
party no more than one seven-day extension of the time in which to respond to the demand for
arbitration or counterclaim as provided in Section R-3.
F-2. Changes of Claim
The arbitrator will not consider any information that was not previously made a part of the claim record
as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted
documentation
F-3. Serving of Notice
In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic
notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there
be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice
has, in fact, been given by telephone.
F-4. Appointment and Qualification of Arbitrator
Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously
submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in
construction who are available for service in Fast Track cases. The parties are encouraged to agree to
an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual
objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The
Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on
an arbitrator, will designate the arbitrator from among those names not stricken for factual objections.
BID NO # B1800100 Page 184
December 7, 2017
31
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall
be subject to disqualification for the reasons specified above. Within the time period established by the
Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator
appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing
to the Arbitration Provider with a copy to the other party or parties.
F-5. Preliminary Telephone Conference
Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the
appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or
their attorneys or representatives, and the arbitrator.
F-6. Exchange of Exhibits
At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend
to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of
exhibits.
F-7. Discovery
There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in
extraordinary cases when the demands of justice require it.
F-8. Date, Time, and Place of Hearing
The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within
30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the
parties in advance of the hearing date. All hearings shall be held within the City and County of Denver.
F-9. The Hearing
(a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its
proofs and complete its case. The arbitrator shall determine the order of the hearing, and may
require further submission of documents within two business days after the hearing. For good cause
shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial
day of hearing.
(b) Generally, there will be no stenographic record. Any party desiring a stenographic record may
arrange for one pursuant to the provisions above.
F-10. Time of Award
Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days
from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the
Arbitration Provider's transmittal of the final statements and proofs to the arbitrator.
F-11. Time Standards
The arbitration shall be completed by settlement or award within 45 calendar days of confirmation of the
arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends
this time in extraordinary cases when the demands of justice require it and such agreement is
memorialized by the arbitrator prior to the expiration of the initial 45 -day period.
BID NO # B1800100 Page 185
December 7, 2017
32
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
F-12. Arbitrator's Compensation
Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional
office.
PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES
L-1. Large, Complex Construction Disputes
The procedures for large, complex construction disputes shall apply to any claim with a value exceeding
$500,000 or as agreed to by the parties.
L-2. Administrative Conference
Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the
parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or
other representatives by conference call. The conference call will take place within 14 days after the
retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually
acceptable time for the conference, the Arbitration Provider may contact the parties individually to
discuss the issues contemplated herein. Such administrative conference shall be conducted for the
following purposes and for such additional purposed as the parties or the Arbitration Provider may deem
appropriate:
(a) To obtain additional information about the nature and magnitude of the dispute and the anticipated
length of hearing and scheduling;
(b) To discuss the views of the parties about the technical and other qualifications of the arbitrators;
(c) To obtain conflicts statements from the parties; and
(d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute
resolution might be appropriate.
L-3. Arbitrators
(a) Large, Complex Construction Cases shall be heard and determined by three arbitrators.
(b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular
Construction Industry Arbitration Rules.
L-4. Preliminary Hearing
As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held
among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the
parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather
than in person.
At the preliminary hearing, the matters to be considered shall include, without limitation:
(a) Service of a detailed statement of claims, damages and defenses, a statement of the issues
asserted by each party and positions with respect thereto, and any legal authorities the parties may
wish to bring to the attention of the arbitrator(s);
(b) Stipulations to uncontested facts;
(c) The extent to which discovery shall be conducted;
(d) Exchange and premarking of those documents which each party believes may be offered at the
hearing;
BID NO* B1800100 Page 186
December 7, 2017
33
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(e) The identification and availability of witnesses, including experts, and such matters with respect to
witnesses including their biographies and expected testimony as may be appropriate;
(f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced;
(g) The extent to which hearings will proceed on consecutive days;
(h) Whether a stenographic or other official record of the proceedings shall be maintained;
(i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and
(j) The procedure for the issuance of subpoenas.
By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing
procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order.
L-5. Management of Proceedings
(a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to
achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases.
(b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's
control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just,
speedy and cost-effective resolution of a Large, Complex Construction Case.
(c) The parties may conduct such discovery as may be agreed to by all the parties provided, however,
that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s)
shall deem appropriate. If the parties cannot agree on production of document and other
information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the
extent of the discovery.
(d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited
nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories
to such persons who may possess information determined by the arbitrator(s) to be necessary to a
determination of the matter.
(e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business
days prior to the hearing unless the arbitrator(s) determine otherwise.
(f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the
arbitrator(s), shall be included within the Scheduling and Procedure Order.
(g) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(h) Generally, hearings will be scheduled on consecutive days or in blocks of consecutive days in order
to maximize efficiency and minimize costs.
The following flow chart provides a summary of the disputes and claims process described in
subsections 105.22, 105.23, and 105.24.
BID NO # B1800100 Page 187
December 7, 2017
34
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Figure 105-1
DISPUTES AND CLAIMS FLOW CHART
105.22 Project Issue — Verbal discussions between Proj. Eng. and Supt.
l
Impasse
Contractor provides written notice of dispute to Project Engineer
1, 15 Days 105.22 (b)
Contractor provides written REA including the following:
( I ) Date of dispute
(2) Nature of order and circumstances causing dispute
(3) Contract provisions supporting dispute
(4) Estimated cost of dispute with supporting documentation
( 5) Analysis of progress schedule and disruption. if any
15 Days 105.22 (c)
CDOT Project Engineer and Contractor discuss merit of dispute
PE denies merit of dispute
7 via\s 10522tc)
PE determines dispute has merit
Contractor rejects PE's denial. Contractor
provides written notice to RE.
7days I05'_2(dl
+ 7 days 105.22 (c)
Contractor accepts denial.
Dispute is resolved.
Disagree on quantum
Merit granted
Quantum negotiations
30 Days 105.22 (cl
♦
Proj Eng/Res Eng & Supt'PM & Contractor's rep with decision authority above the
project level to meet regularly to discuss dispute
30 45 days
�l_05 23(h)
DRB agreement signed I
H20 days 105._23 td) 105.23 (a)
l p to 30 days 105_22 (d
105.23(a) Proj Eng
•
Adjustment of
payment schedule in
consultation with
Program Engineer -
Dispute is resolved
Dispute is
unresolved
Prehearing Submittal
4, 15 days
DRB Hearing
initiates DRB processEl
Da} s
105.23 le)
4, ;0 days 105.23 (g)
DR.B renders a recommendation
+ 10 days 105.23 (h1
Reuuest for Clarification and Reconsideration 1
IJ days 105.23 (i)
Either party rejects DRB recommendation
•
DRB recommendation is accepted
Figure 105-I continued on next page
BID NO* B1800100 Page 188
December 7, 2017
35
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Figure 105-1 (continued)
Either party rejects DRB recommendation
♦ 30 days - 10524 (a)
105.24 Notice of intent to me a claim
60 days - 105.24 (b)
Contractor submits certified claim package w/RTD land Audit Unit if over S250K)
RTD renders a decision
160 days 105.24 (d)
30 days 105.24 I d )
Contractor rejects and
appeals RTD decision to CE
Contractor accepts decision
60 days - 105.24 (el
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
A
Decision is implemented
15 days
105.24 (el
Request for hearing
Chief Engineer
renders decision
45 days 05.24 (e)
30 days 105.24(e4,
Contractor rejects CE decision
Contractor accepts CE decision
•
Optional Mediation
Dispute is unresolved
Contractor initiates
Dispute is resolved
Resolution is implemented
4. Decision is implemented
4-
Binding Arbitration or Litigation
(Whichever was selected at Contract execution)
+
litigation
Court Decision
Binding Arbitration
Arbitrators) render recommendation
1
Appeal process only for damages
END OF SECTION
BID NO # B1800100 Page 189
July 3, 2017
REVISION OF SECTION 106
SUPPLIER LIST
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.01 delete the fourth and 5th paragraphs and replace with the following:
Prior to beginning any work on the project, the Contractor shall submit to the Engineer a completed
Form 1425, Supplier List documenting all companies providing $10,000 or more of supplies or materials
directly to the Contractor for the project. This list shall not include companies also responsible for the
installation of the supplies or materials. During the performance of the project, the Contractor shall
submit an updated Form 1425 if one or more of these companies change.
The Contractor shall require each subcontractor to submit a Form 1425 listing all companies providing
$10,000 or more of supplies or materials to the subcontractor. The Contractor shall submit the
subcontractor's Form 1425 with Form 205.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress
payments.
END OF SECTION
BID NO # B1800100 Page 190
October 12, 2017
1
REVISION OF SECTION 107
LAWS TO BE OBSERVED
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.01 shall include the following after the first paragraph:
Failure to comply with all contractual obligations may lead to the suspension, debarment or both of the
Contractor as stipulated in the "Rules".
END OF SECTION
BID NO # B1800100 Page 191
November 2, 2017
1
REVISION OF SECTIONS 107 AND 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
Sections 107 and 208 of the Standard Specifications are hereby revised for this project as follows:
In subsection 107.25(b) 6 delete the second paragraph and replace it with the following:
The Contractor shall record the location of potential pollutants on the plans. Descriptions of the
potential pollutants shall be submitted for approval.
Delete subsection 107.25 (c) and replace with the following:
A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for
this project.
The Engineer will coordinate with CDOT Maintenance and the Region Water Pollution Control Manager
prior to initiating partial or final acceptance of the stormwater construction work, including soil
conditioning and seeding for permanent stabilization. Unsatisfactory and incomplete erosion control
work will be identified in this walkthrough, and will be summarized by the Engineer in a punch list.
In subsection 208.01 delete the third paragraph and replace with the following:
When a provision of Section 208 or an order by the Engineer requires that an action be immediate or
taken immediately, it shall be understood that the Contractor shall at once begin effecting completion of
the action and pursue it to completion, as approved.
In subsection 208.03, delete the first and second paragraphs.
Delete subsection 208.03 (b) and replace with the following:
(b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be
included in the weekly meeting update. The project schedule shall specifically indicate the sequence
of clearing and grubbing, earthwork operations, and construction of temporary and permanent
erosion control features and stabilization. The project schedule shall include erosion and sediment
control work for haul roads, borrow pits, storage and asphalt or concrete batch sites, and all areas
within the project limits. If during construction the Contractor proposes changes which would affect
the Contract's BMPs, the Contractor shall propose revised BMPs to the Engineer for approval in
writing.
In subsection 208.03, delete (c), (d) and (e) and replace with the following:
(c) SWMP Administrator. The Contractor shall assign to the project an individual to serve in the
capacity of SWMP Administrator. These duties may be assumed by the Superintendent. The
SWMP Administrator shall have working knowledge and experience in construction and have
satisfactorily completed the Transportation Erosion Control Supervisor Certification (TECS) training
provided by the Department. Proof that this requirement has been met shall be submitted to the
Engineer prior to start of work. The SWMP Administrator shall:
(1) Ensure the Method Statement for Containing Pollutant Byproducts is implemented.
BID NO # B1800100 Page 192
November 2, 2017
2
REVISION OF SECTIONS 107 AND 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
(2) Review the construction site for compliance with CDOT specifications and the SWMP.
(3) Follow all stormwater requirements and inspections for other applicable State and local
agencies unless a waiver or other agreement has been made.
(4) Immediately report to the Contractor and Engineer the following instances of
noncompliance:
(i) Noncompliance which may endanger health or the environment.
(ii) Spills or discharge of hazardous substance or oil which may cause pollution of waters of
the State.
(iii) Discharge of stormwater which may cause an exceedance of a water quality standard.
(iv) Discharge of pollutants that have occurred on site.
(d) Documentation Available on the Project. The SWMP Administrator shall provide the following
Contract documents and references. They shall be made available for reference in one location on
the project during construction. The documents shall be kept in a single notebook:
(1) SWMP Plan Sheets — Notes, tabulation, sequence of major activities, area of disturbance,
existing soil data, existing vegetation percent cover, potential pollutant sources, receiving water,
non-stormwater discharges, and environmental impacts.
(2) SWMP Site Maps (if included in the original Contract) - 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 map are the protection of
trees, shrubs, and cultural resources.
(3) BMP Details not in Standard Plans M-208-1, M-216-1 and M-615-1.
Spill Response Plan — Reports of reportable spills submitted to CDPHE.
List and Evaluation of Potential Pollutants — List of potential pollutants as described in
subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts.
(4) All Project Environmental Permits -All Project environmental permits and associated applications
and certifications, including, Senate Bill 40, USACE 404, dewatering and all other permits
applicable to the project, including any separate CDPS-SCP obtained by the Contractor for
staging area on private property, asphalt or concrete plant, etc.
(5) Form 105 and all other correspondence related to water quality which are issued by the
Engineer for Contractor's lack of compliance.
The Contractor shall incorporate the documents and reports and have Items 1-7 available for the
first working day of the project. None of these documents are required to be updated during the
course of the project.
(e) Weekly Meetings. The Contractor shall conduct weekly meetings with the Engineer to discuss the
following:
(1) Requirements of the SWMP.
(2) Problems that may have arisen in implementing the site specific SWMP or maintaining BMPs.
(3) Unresolved issues from inspections and concerns from last inspection
(4) BMPS that are to be installed, removed, modified, or maintained.
(5) Planned activities that will affect stormwater in order to proactively phase BMPs.
(6) Recalcitrant inspection findings.
Delete the third paragraph in subsection 208.04 and replace with the following:
BID NO # B1800100 Page 193
November 2, 2017
3
REVISION OF SECTIONS 107 AND 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
New inlets and culverts shall be protected during their construction. Appropriate protection of each
culvert and inlet shall be installed immediately after installation of the culvert or inlet. When riprap is
called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The
Contractor shall remove sediment, millings, debris, and other pollutants from within the newly
constructed drainage system prior to use, at the Contractor's expense. All removed sediment shall be
disposed of in accordance with all applicable regulations.
Delete the first paragraph in subsection 208.04 (f) and replace with the following:
(t) Maintenance. Erosion and sediment control practices and other protective measures identified in the
SWMP as BMPs for stormwater pollution prevention shall be maintained in effective operating
condition until final acceptance of the project. BMPs shall be continuously maintained in accordance
with good engineering, hydrologic and pollution control practices, including removal of collected
sediment when silt depth is 50 percent or more of the height of the erosion control device. When
possible, the Contractor shall use equipment with an operator rather than labor alone to remove the
sediment.
In subsection 208.06, first paragraph, delete the first sentence.
In subsection 208.07, second paragraph, delete the second sentence.
In subsection 208.08, delete the first paragraph and replace with the following:
208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within
the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to
the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site
batch plants, haul roads or work access, and all other action which would disturb existing conditions.
Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the
Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be
restored to the original condition by the Contractor at the Contractor's expense.
In subsection 208.09, delete the first and second paragraph and replace with the following:
208.09 Failure to Perform Erosion Control. Failure to implement the Stormwater Management Plan
is a violation of the Colorado Water Quality Control Act. Penalties may be assessed to the Contractor by
the appropriate agencies. Penalties will be assessed by the Department as liquidated damages for
failure to meet the contract documents. All fines assessed to the Department for the Contractor's failure
to implement the SWMP will be deducted from monies due the Contractor.
The Contractor will be subject to liquidated damages for incidents of failure to perform erosion control
as required by the Contract. Liquidated damages will be applied for failure to comply with these
specifications, including the following:
(1) Failure of the Contractor to implement necessary actions required by the Engineer as required by
subsection 208.03(b) and (c).
BID NO # B1800100 Page 194
November 2, 2017
4
REVISION OF SECTIONS 107 AND 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
(2) Failure to construct or implement erosion control or spill containment measures required by the
Contract, or failure to construct or implement them in accordance with the Contractor's schedule.
(3) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08.
(4) Failure to replace or perform maintenance on an erosion control feature after notice from the
Engineer to replace or perform maintenance as required by subsection 208.04(f).
(5) Failure to remove and dispose of sediment from BMPs as required.
(6) Failure to install and properly utilize a concrete washout structure for containing washout from
concrete placement operations.
(7) Failure to perform permanent stabilization as required by subsection 208.04 (e).
(8) Failure to prevent discharges not composed entirely of stormwater from leaving the construction
site.
(9) Failure to provide the survey of Permanent Water Quality BMPs when required on the project in
accordance with subsection 208.10.
In subsection 208.09, delete the 10th paragraph, and replace with the following:
If the Contractor's corrective action plan and schedule are not submitted and approved within 96 hours
of the initial notice, the Engineer will issue a Stop Work Order and have an on -site meeting with the
Superintendent, SWMP Administrator, and the Superintendent's supervisor. This meeting will also be
attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region
Program Engineer. This meeting will identify and document needed corrective actions and a schedule
for completion. If after the meeting, the unacceptable work is not remedied within the schedule as
agreed to in the meeting, the Engineer will take action to effect compliance with the Contract and these
specifications by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the
cost from any monies due or to become due to the Contractor pursuant to subsection 105.17. Delays
due to these Stop Work Orders shall be considered non -excusable. The Stop Work Order shall be in
place until the project is in compliance.
In subsection 208.10, delete (c) and replace with the following:
(c) Locations of Temporary BMPs. The Engineer will identify locations where modification, cleaning or
removal of temporary BMPs are required, and will provide these in writing to the Contractor.
In subsection 208.11, delete the first paragraph.
In subsection 208.12, delete the third, fourth and fifth paragraphs and replace with the following:
SWMP Administrator duties on projects having less than one acre of total disturbed area will not be
measured and paid for separately but shall be included in the work. The Erosion Control Management
Pay Item will not apply to this project.
END OF SECTION
BID NO # B1800100 Page 195
July 3, 2017
1
REVISION OF SECTION 109
PROMPT PAYMENT
(LOCAL AGENCY)
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 109.06(e) and replace with the following:
(e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been
satisfactorily completed within seven calendar days after receiving payment for that work from the
Local Public Agency (LPA). For the purpose of this section only, work shall be considered
satisfactorily complete when the LPA has made payment for the work. The Contractor shall include
in all subcontracts a provision that this requirement for prompt payment to subcontractors and
suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all
subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors
fail to comply with this provision, the Engineer will not authorize further progress payment for work
performed directly by the Contractor or the noncompliant subcontractor until the required payments
have been made. The Engineer will continue to authorize progress payments for work performed by
compliant subcontractors.
Delete subsection 109.06(05 and replace with the following:
5. In determining whether satisfactory completion has been achieved, the Contractor may require the
subcontractor to provide documentation such as certifications and releases, showing that all
laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in
the subcontractor's work have been paid in full. The Contractor may also require any documentation
from the subcontractor that is required by the subcontract or by the Contract between the Contractor
and the LPA or by law such as affidavits of wages paid, material acceptance certifications and
releases from applicable governmental agencies to the extent that they relate to the subcontractor's
work.
Delete subsection 109.06(08 and replace with the following:
7. If additional quantities of a particular item of work are required at a later date after final
measurement has been made, the Contractor shall perform this work in accordance with Contract
requirements and at unit bid prices.
For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is
when all tasks called for in the subcontract as amended by changes directed by the Engineer have
been accomplished and documented as required by the LPA.
The requirements stated above do not apply to retainage withheld by the LPA from monies earned
by the Contractor. The LPA will continue to process the release of that retainage based upon the
completion date of the project as defined in the Commencement and Completion of Work special
provision.
Delete subsection 109.06(09 and replace with the following:
BID NO # 61800100 Page 196
July 3, 2017
2
REVISION OF SECTION 109
PROMPT PAYMENT
(LOCAL AGENCY)
9. If during the prosecution of the project a portion of the work is partially accepted in accordance with
subsection 105.21(a), the Contractor shall release all subcontractors' retainage on the portion of the
partially accepted work performed by subcontractors. Prior to the LPA releasing the Contractor's
retainage on work that has been partially accepted in accordance with subsection 105.21(a), the
Contractor shall submit to the Engineer a certified statement for each subcontractor that has
participated in the partially accepted work. The statement shall certify that the subcontractor has
been paid in full for its portion of the partially accepted work including release of the subcontractor's
retainage. The statement shall include the signature of a legally responsible official for the
Contractor, and the signature of a legally responsible official for the subcontractor.
Delete subsection 109.06(g) and replace with the following:
(g) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's
progress payment, the Contractor shall notify the LPA and the subcontractor in writing within seven
calendar days after receiving payment from the LPA. The notification shall specify the amount being
withheld and provide adequate justification for withholding the payment. The notice shall also clearly
state what conditions the subcontractor must meet to receive payment. "Good cause" shall include
but not be limited to the failure of the subcontractor to make timely submission of required
paperwork.
Delete subsection 109.06(h) and replace with the following:
(h) Monthly Reporting. On a monthly basis, the Contractor shall submit the Form 1418, Monthly
Payment Report, to the Engineer along with the project schedule updates, in accordance with
subsections 108.03(g). Failure to submit a complete and accurate Form 1418 shall be grounds for
CDOT to withhold subsequent payments or retainage from the Contractor.
END OF SECTION
BID NO # B1800100 Page 197
July 3, 2017
1
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised for this project as follows:
In subsection 208.03(c) delete the first paragraph and replace it with the following:
Erosion Control Management (ECM). Erosion Control Management for this project shall consist of
Erosion Control Inspection and the SWMP Administration. All ECM staff shall have working knowledge
and experience in construction, and shall have successfully completed the Transportation Erosion
Control Supervisory Certificate Training (TECS) as provided by the Department. The Superintendent will
not be permitted to serve in an ECM role. The Erosion Control Inspector (ECI) and the SWMP
Administrator may be the same person in projects involving less than 40 acres of disturbed area.
In subsection 208.03(c)1 delete the first paragraph and replace it with the following:
SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. In the case of a
project requiring only one TECS, the SWMP Administrator may also be the ECI for the project. The
name of the SWMP Administrator shall be recorded on the SWMP Section 3. B. The SWMP
Administrator shall have full responsibility to maintain and update the SWMP and identify to the
Superintendent critical action items needed to conform to the CDPS-SCP as follows:
In subsection 208.03(c)2 delete the first paragraph and replace It with the following:
One ECI is required for every 40 acres of total disturbed area which is currently receiving temporary and
interim stabilization measures as defined in subsection 208.04 (e). An ECI shall not be responsible for
more than 40 acres in the project. Accepted permanent stabilization methods as defined in subsection
208.04 (e) will not be included in the 40 acres.
In subsection 208.03(d)1 delete item (1) and replace it with the following:
(1) SWMP Site Maps and Plan Title Sheet - Construction site boundaries, ground surface
disturbance, limits of cut and fill, flow arrows, structural BMPs, non-structural BMPs, Springs,
Streams, Wetlands and surface water. Also included on the sheets is the protection of trees,
shrubs and cultural resources.
In subsection 208.05(n), in the list of requirements for pre -fabricated concrete washout
structures, delete item (2) and replace it with the following:
(2) Structure shall be located 50 horizontal feet away from State waters, and shall be confined so
that no potential pollutants will enter State waters and other sensitive areas are as defined in the
Contract. Locations shall be as approved by the Engineer. The site shall be signed as "Concrete
Washout".
In subsection 208.11 delete the first paragraph and replace it with the following:
Erosion Control Management will be measured as the actual number of days of ECM work performed,
regardless of the number of personnel required for SWMP Administration and Erosion Control
Inspection, including erosion control inspections, documentation, meeting participation, SWMP
BID NO # B1800100 Page 198
July 3, 2017
2
REVISION OF SECTION 208
EROSION CONTROL
Administration, and the preparation of the SWMP notebook. If the combined hours of SWMP
Administration and Erosion Control Inspection is four hours or less in a day, the work will be measured
as 1/2 day. If the combined hours of SWMP Administration and Erosion Control Inspection is more than
four hours in a day, the work will be measured as one day. Total combined hours of ECM work
exceeding eight hours in a day will still be paid as one day.
END OF SECTION
BID NO # B1800100 Page 199
OVERSIGHT/NHS
-'WA REGION yin OVERSIGHT'
• NO ❑ YES
.-1lr;EEWAY SYSTEM'?
■ NO ❑ 'IFS
WELD COUNTY PUBLIC WORKS
FINAL CONSTRUCTION PLANS FOR
GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
PROJECT NO. NHD SW02-066
PROJECT CODE NO. 22346
VICINITY MAP
NOT TO SCALE
INDEX OF SHEETS
,. _= ti
S -EE - `.
•
DOVER SHEET
'A&S STANDARD PLANS L.ST
GENERAL NOTES
-.
SUMMARY ' APPROXIMATE OUANTiTiES
D
?LAN SHEET
ST RMWA-ER MANAGEMENT PLAN
BID SET
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
S
CAL:: -BUSINESS DAYS N ADVANCE
BEFORE YOU DIG GRADE OR EXCAVATE
FOR '-+E MARKING OF UNDERGROUND
MEMBER - TES
Computer File Information
"^eale,' 731e '7719/2C1
nl?Ials DDT
,a;'.Ioclied Date
-,A P,t : N ACT'vE pRNaf-' EC'SCR 49 WEAER rA'rh .3R 44 nWCR46 RLYISCAD
Jra'amyrtleNar'e RWIS _COVE R DWG
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Index of Revisions
late
,pmrEerg.S
nas
WELD COUNTY
As Constructed
PUBLIC WORKS DEPARTMENT
T
P O BOX 758
GREELEY CO 80632.0758
"HONE 497013564000
=Ax , 9701304-6497
'.o Revlsons
WCR 49NVCR 32 WEATHER STATION
COVER SHEET
Project No /Code
Rev,sed
Void
eslgner "RAF:
- etarer
'RACE
Sheet Suoset
Sree! Suoset
PLAN NEW OR M STANDARD
NUMBFR REVISED IlTLE
V— 00 —' STANDARD SEMBOLS (3 SHEETS)
-I00-2 ACRONYMS AND ABBREVIATIONS (3 SHEETS)
NA 203-' _.APPROACH ROADS .39e ca V;el
M-203-2 ]'C.H -YPE5
4-203-" SLPERELEVA"ION CROWNED AND
',AEA HIGHWAES 3 6-2,076)
V-203-22,PERE .... STREETS (2 SHEETS)
0-206-I EXCAVATION AND RACKFILE FOR STRUCTURES
(2 SHEETS)
M-206-2 EXCAVA TON AND BACKE L FOR BRIDGES (2 SHEETS)
4-200-(E.4PCRARO EROSION ;ON TROL (' SHEETS) & T.,
v-2210-' ALBOX SLAYER'S (2 SITES)
M-214-- ...AN TING DETAILS 33
-216-' SOIL RETENTION COVERING (2 SHEE T52 ; XP' -a, A .51
510-I -41 - _1 AVEMENT LOIN TS (5 3.E.)XT WY n'eel 34--38
- STRUCTURAL = Pr, APE ._20 LOADING 39
M 601 - SINGLE CONCAVE 30x CULVERT SATE.) lvim°ie. 012 -0012 -00 -1 -7B -
DOUBLE =NCI. ."E BOX CULVE.9• ( 5
2SHEETS) >TI
N-601-3 _.. "RIPI_E DONCRETE VOX CULVERT (2 SHEETS) GeX A0,1) 4-
-601-10 HEADWALL L0R RIPEN 46
M-601-11 TYPE "S" SADDLE HEADWAL-S 'OR RIPE 4%
N 601-'2 HEADWAL_S ANA T2PE CUTLET R NNf,48
-601-DO MNGWAL-S X
E OR 50X ::U' -VESTS 49
m-603- E ,SHEETS) 0X..0 ave -T B. -
-603-2 - REINFORCED CONCRETE PIPE (KEW a Esem m. 702.1 54
N-603-3 PRECAST CONCRETE VOX CULVERT -"
M-603-4 _. CORRUGATED AOLSE(HEIENE RIPE (AASH 10 M294) VI? 2`0;.1 56
M-60.3-5 - POLANNEL CHLORIDE (PVC) 010E ;AASAHO 2.13204) kY$i P.n NO
4-603-6 _ _ - E_ 9ENFORCEO ACLEEETE ENE RIBBED TiPE
(AAS2020 SIP m; =ec• vv., n ,enel
M -603-'G HONORE TE AND METAL NO SEC EONS / SHEETS) 58-59
-604-ID NLET. r - G 6O
M -604-n. TYPE 0
0-604- 2 CURB TILE EAT R (2 SHEEN) 02-63
-604-'3 CONCRETE M =- PE
▪ 503--20 H 5 '1 SHEETS) 55-67
3- ANE ORATE N2 ET H SHEE"S) 58-72
M -605-'I SUBSURFACE DRAINS 73
N-6 -I GUARDRAIL TEAL 2/-3EANI (20 SHEETS) NSA n X1.1 ]+-94
N POs- OWES ARADR SYSTEM NOS" w-62623 12 NcuEs VC SHE'- 5H .n men
N-506-'3 1AAR g4AIL " _ - -S, APE 3AARIER ;4 SHEETS) 9?-%
PAGE PLAN NEW OR M STANDARD
NUMBFR NUMBER REVISED Il11.E
M-607-1 WARE EENCES AND SAES (3 SHEETS:
M-607-2 CHAIN _I K TE.NCE (3 SHEETS) 103-'05
& NI -602-3 BARRIER N--0CE 'O6
2 4-607-4 aEu:;.ENCC .0 InA!ES AND CAME RAMPS (5 SHEETS) T&4-194
4 -6C7 -'O .C+ET SNOW =E VC.E '.'D
N-607-'5 ROAD CLOSURE DATE (9 SHEETS)
M-600-' _ CURB RAMPS ('0 SHEE T5)1Nxs03..4..22l 270o 22 -9 -22 -5 -
NI -609- CORNS. 0011005, AND SIDEWALKS (3 SHEE TS) 554°. SIR 36 -*?9*
-18
39-313-
32-32
606-14
ARECASE -TOO 7 CONCRETE BARRIER (S SHEETS) 97-99
CLARET '2 SHEETS)
4-61'-2 DF R DU ARA 2 SHEEN; •0 /PO to 27032
M-613-2 ADADWAE_ HSHEE.)
N -614-I RUMBLE N"RPS N3 S EE"S)
N-614-2 "SAND BARREL ARRAYS (2 SHEETS)
M -61S -I EMBANKMENT PROTECTOR TYPE 3
6:5-2 EMBANKMENT TAD TEC TOR TYPE 5
M-5'5-1 SACRED SEACN
M-620-' -F.. _ABCRA"ORE .L A55
M-620-2 HIELO ABORA TORY 55 ] '2 SHEETS)
M-620-22 EIELO OF=ICE CLASS 1
M-620-12 aIELG OFECE CLASS 2
M -629-I SLRVEE VONUMES'S (2 SHEETS'
PAGE
NUMBER
00-'02
32-'35
36-' 38
139-+ 60
T 32
42
•35-'36
I 47
148
9-150
COLORADO
DEPARTMENT OF TRANSPORTATION
M&S STANDARDS PLANS LIST
July 04, 2012
Revised on April 12, 2018
ALL OF THE R&D STANDARD LANS, AS SUPPLEMENTED
AND ;REVISED. AF THIS HR.... 'WEN I,SED
AT 7ESIGNATF A EM OR SURODIAR0 Y M.
NEW OR REVISED STANDARD PLAN SHEETS APPLICANT
TO THIS PROJECT, INDICATED By A MARKED RC% 0
NIL'.. 9E ATTACHEC 10 "NE DI ANS
PLAN NEW OR S STANDARD PAGE
NUMBER REVISED 811.E NUMBER
S-612-1 G. DEL NEA-oR NS"ALA=DNS (8 SHEETS) %oaroma o v `57
S -614-I _: GROUND SIGN PLACEMENT ;2 SHEETS) ,0000 w AXTX x. XIS 1 -54 -3 -69-
S -el 4-2 ... CLASS SIGNS .Yalu (, VIII
5-614-3
S-613-5
S-614-6
S-624-9
S -6`3-'O
S-614-12
S -614 -IA
S-614-20
S-623-22
5-613-40
S -613-40A T.
S-613-3+
S-013-42
S-614-43
5-6'.3-34 =_
SE. 6-50
S -6',3-6C _.
S -627-'I
5-630-I •
S-630-2
S-630-3
5-2730-4
S-630-5
S -650-
363, -
CLASS I SIGNS '61
_LASS( S.D. ,1 SHEE-S) ma. a veneE 2 701.( ' 62--,6
ARE S '3 ETA, Mese7 ... 5r`66-
EORpKaR0unC SIGNS (2SHEETS)
CONCRETE =00 TINOS AND SIGN SL ANDS IHA-V6&
EOF CLASS 'I; SIGNS (2 SHEETS) (X w ssrzaaa IQ 20.
rcussaa rm E7iI,S N SUHROA 7 DETAILS /7 SHEETS)
REOESTR:AN RUSH DU 2' ADS' ASSEMBLE Arco of 223...2
MARKER ASSEMBLE NSALLAT'ONS
ILEPOST S;GN DETAIL FOR HIGH SNOW AREAS
STRUCTURE NUMBER NSTALLATION
ELAN INS REASON AND SIGN INSTALLATIONS (3 SHEETS)
TYPICAL TOLE MOUNT SON NS TALLAT'ONS
•DONS pE ArAmRIER SION ASST NSTAL_AVON,
TYPICAL MULE -SIGN NSTALLA'IONS
YPICAL TAFTN0 saC000 DXX)ALLA TION DETAILS
(5 SEE TS) IK o � 7
ALTERNATIVE ,AC FFISIGNAL'_ NSTALAEON DETAILS
3 SHEETS) Memo a
TEMPO., SPAN MRE SIGNALS 'ammo a mat 2 700
CABINS 'OUNDA EON AVAIL (el =°HEET5)
TRAFFIC TOOP AND MISCELLANEOL+S SIGNAL DETAILS
00 SHEETS)
PEDESTAL ROLE SIGNALS (2 SHEE IS) 000%00,00 , Vnel
STAIG
EC SUN V,ONOTUBE STRUCTURES ('2 SHEETS) 269-2X4
OENAMIC s16Nu0NOR+BE S auC'uRE5 (2SHEETS) 229-233
RTI2�a1M 70e
PAVEMENT MARKINGS (8 SHEEN) ;000X00 *00060 Rio
TRAFFIC CONTROLS 'OR HIGHWAY CONSTRUCTION
(23 SHEETS) ,2202. O.2N 72 7723)
ARRICADES, TRANS. C - ARRIE.RS ;T ETA0 VER T'C ES xrso mIc
.. DEACON 0 TABU E TS
SHE, N SLPEORT .E. AR , NSTALL AEON
DETAILS 22 SHEETS)
PXORTTAOBLL RUMBLE STRIPS (TLMPORARA) (2 SPEC TS)
( m eel
2699- 3-7-3
ROL'_NG ROADBLOCKS TOR TTAFE'C CONTROL
7▪ 5
• 26
122
128-180
181
183
ag&
•4}
94-197
198-207
434--n&
260
261- 262
?ES -264-
266-268
Computer File Information
Amman Dale 5/932016 Insole JOT
Lasr.23.339. 5/932016
0.369 EMNene: R RDWG
'NOLA(Jvmm -G1 Scale AS90766 Jr YXMXX
Index of Revisions
Cate
Elias
WELD COUNTY
As Constructed
Revvons
WCR 49/WCR 32 WEATHER STATION
M&S STANDARD PLANS
Project No./Code
Revised
Dee a D"RAE-
Sneet Subset
Sheet M.. ol
GENERAL NOTES NOTIFIED SO THAT ALL APPLICABLE CLEARANCES AND PERMITS MAY BE OBTAINED
t THIS PROJECT CONSISTS OF FURNISHING AND INSTALL LNG RWIS SENSORS CABINETS
CONDUIT PULL BOXES AND ASSOCIATED S EQUIPMENT ,CR
RASTRUCTURE MSMT ALLA iONEE- THE CORRESPONDING SEC-ONS OF THESE PLANS AND THE PROJECT SPECIAL ? L_3E N
ACCORDANCE An, THE COOT STANDARD SPEC, CAT ONS=AOR ROAD AND BRIDGE
CONSTRUCLON 201TEDITION CDC), STANDARD PLANS M XS STANDARD PLANS 2012
EDITION THE MANUALOUNIFORM TRAFFIC CONTROL DEVi ES 2009 EDITION AND THE
NATIONAL ELECTRIC CODE GEC)
TEMPORARY EROSION CONTROL DURING CONSTRUCTION SHAL_,,ROMDED AS SHOWN
ON THE EROSION CON".RO"P_Ar. AL_ EROSION CONTROL MEASURES SHALL 9E
NM, ANEC N GOOD REPAIR Bv "HE CON RAC',..NT+L SUCH" ME AS ,I, ENT RE
DISTURBED AREA SE AWL ZED AF, ,1470 SURFACE ANDSCAPNG
18 THE CONTRACTOR SHALL OBTAIN A ROW PERMIT FROM"HE WELD CONN, CONTACT
WELD COLLEY ROW PERM, LNG AGENT AT 970-391.37]9 AT I EAGT ) WEEKS ARK, 20 THE
START, CONSTRUCTION NIL ROW PERMIT APPLICATION SHALL 'FICHES A
z SYMBOLS ARE NOT - HAVE BEEN ENLARGED FOR CLARITY DO NOT SCALP CONSTRUCTONT c D CDC,
CD
DIMENSIONS FROM DRAW NGS STANDARDS ECR RR .830-. L_ 3E RESPONS 3L,
PROM LONG AN, AND, "RAFCONTROL DP, CES A. MAY HE REDA,"RED 3 --E
t ALL BURIED CONDUIT SHALL 3E SCHEDULE 30 HOPE AND SHALL E 3URIED A NIWINILIet 24 CONS,L, CN ACT,- Es
P BINIMUM NICHES DEEP CONDUIT SHALL BE AT a MDEES OF 50,.NCHES UNCER'ACR
49 UNLESS OTHERWISE NOTED
CONDUIT ROUTING SHOWN ON THE PLANS LS DIAGRAMTIC LN INTENT CONTRACTOR SHALL
MODE/ROUTING AS NECESSARY TO AVOID EUSTLNG AND PROPOSED OBSTRUCNONS
CONTRACTOR HALL AVOID ANY POWER VAULTS SWITCH GEAR EH., WHEN NEALL NG
,E CONDUIT
COMMUNICATIONS CABLES SHALL ACTH LOCATED El 'HE SAME CONDUCT AS' 20V OR
HIGHER ELECTRICAL WIRING
5 ALL CONDUIT SHALL BE PLUGGED PER THE REVISION OF SECTION S^3 AND 715 EL ECTRICAL
CONDUIT AT TERMINATION POINTS SUCH AS STUB OUTS PULL -
CONTROLLER CABINETS ON THE DAY CF NSTALLAGON CONDI, PLUGS PULL 'APE
RACER WIRE ARE TO BE INSTALLED AN CTCR w L_ 3E REQUIRED O REAM AND
CLEAN OUT CONS,. AT DC,ADOITCN'AILGOS 1RA
TRE, CUTS FOR CONDO TS LN EXIST NG CONCRETE PAVEMENT SHALL NOT BE aLLGwED
UNLESS OTHERWISE SHOWN CN THE PLANS OR APPROVED BY THE PROJECT ENGINEER
d CONTRACTOR SHALL CLEAN ALL UNDERGROUND CONDDI T WITH AN APPROVED,SIZED
MANDREL O BLOW OUT WITH COMPRESSED A,R PRIOR 'O NSTALL LNG NEW CABLES TO
-HE CONDUIT ',SEAM C C RAOR SHALL ^OT ,"I -E ROLE.,
'ENGINEER OE ANY DAMAGED CR',USABL_ SEGMENTS OF „ONOL
ALETEM LOCATIONS ARE APPROXIMATE AND ARE TO 3E -LED COATED 3Y 7+E
APPROPRIATE AGENCIES
ID UPON COMPLETION OF THE WORK 'HE CONTRACTOR SHALL SUBMIT RECORD DRAWINGS
WELD COUNTY SHOWING THE ACTUAL (LOOM ON OF
AXES PLANS
EMS AT NO ADDLONAL COST TO
CONDUIT PULL
45 ON PAN SE.
H
'SHANG, MARKED'N RE_ N _ R SEPARA._UT SHALL 3E
NCLuDED ;N 'HE COST -HE PROJECT DOCLNIENTS N '= OF PR N SHALL BE
SUBMITTED AT THE TIME THE SYSTEM RM
EM ACCEPTANCE TEST 3EGINS
I 1 THE NTRAC TOR LS REQUIRED TO SUBMIT A MINIMUM OF ONE II HARD COP, OF THE
MATERIAL PRODUCT SHEETS TC WELD COUNTY FOR REVIEW ' LL
REVIEW THE REQUIRED SUBMITTALS ANC RETURN COMMENTS WITHIN 14 DDA,g HA
VEHICLES SHALL SE STAGED ON 'HE
APPROPRIATE CONSTRUCT ON -RAF= COON CVEHICLES
1--E ROW SHALL BE PARKED AS FAR ROM.H F ROADWAY AS POSSBLE PARKED.
vENICLES SHALL BE PARKED TTEN CONSENT
THE LACPROPERTY
LANDOWNER AND SUCH CONSENT SEAL PROVIDED TO WELD COUNTY
•3 ALL STAGING AREAS SHALL 3E SUBMITTED TO THE PROJECT- ENGINEER ,OR APPROVAL
CONTRACTOR SHALL KEEP ALL ENVIRONMENTALLY SENSITIVE AREAS SUCH AS
WATERWAYS DITCHES WETLANDS AND THE'_,KE FREE AND CLEAR OF DEBRIS N
MATERIALS EW M_NT OR VEHICLES SHALL BE PARKED OR STAGED CN ANY SUCH AREAS
'5 THE CONTRACTOR SHALL REMOVE CN A TIMELY .MANNER ALL SEDIMENT MUD DEBRIS OR
HER POTENTIAL POLLUTANTS WHICH MA, BE DISCHARGED TO OR ACCUMLATE CN THE
FLOW LIES AND PUBLIC RIGHTS -OF. WAY AS A RESULT- OF CONSTRUCTION ACTIVITIES
ASSOCIATED
OVEMENT AND PLACEMNT CF VEHICLES AND
TOR HE.R HAB A AN, SUCH STES ARE COU E DNEDCOu SHALL 3E S
'9 'HE CON,ACTOR SHALL MAINTAIN ACCESS "(1 AFFECTED PROPERTIES AI AEI. T.MES
DURING CONSTRUCT ON AT NO AIDOINONAL COST TO THE PROJECT
20 =HE CONTRAC,TORRESPONSIBLE FOR ALL ASPECTS OF SAFE,CL UDING 3,
MITES"C XCPVA T TRENCHLNG SHORING C CONTROL SECJ
2^ THE CONTRACT, SHALL -AXE _BASLE
O E STANDARDS AND S_ _ CA .DNS ANC A SCP
OF ANY PERMITS AND AGREEMENTS NEEDED=OR-NE PROJECT C
22 ANY CRETE PA3EMENr W
ANIONS REPLACED FROM SCORE LLNEA0 SCLOREE LINES AND EXCEED THE CR.GNAL PAVEMENT STRENGTH AT GE CONTRACTORS EXPENSE
23 ENSURE C,AND D3PBCANTS PO _EA,.NO I.
OR PAVEMENTABSORBENTALS OR',NTaN 2SEU C PREVENT
LEAKING wERSOIL OR PAVEMENT CONTRACTOR SHA, HAVE READY
APPROVED OABSORBENT NIATERLALS OR CONTAINERS OR SUFF..,'" CAPACITY TO CONTAIN
ANY LEAK , POL THAT CAN REASONABLY EE-ORESEN A IALS 3ESULLNG
=ROM LAL, EROF
KAGE CONTROL ANC CLEANUP REMAIN THE 'HE COST AKS wLL NO E PALS
O. SEPLHE
ARATE_ 30 MN 3E NC HE COST OF WORK
24 ALL F POW,TES HENCEMARKS ..^,R SURVEY CONTROL POINTS WELCH MAYS
BAN,
DURING CONSTRUCTON MUST 3E Sp./EYED PRIOR -O DISTURBING E "HIS LL N
NOT TE PAID =OR SEPARATELY Bu LL eE INCLUDED LN THE v.ORK AN. PO,NT
DAMAGED SHALL 3E REP, ACED A. "HE CCNIRACrOR S EXPENSE
PU WITH ORANGEAND -
METALS NO'BENCHES
COVERED
25 THE ,N TRACTOR SHALL SANS, T-LEMSELVES AS "O THE ACCURACY OF ALL QUANNTES
ANS BRING ANY NOES'0,E ATTENTION OF THE PROJECT ENGINEER N
WRITING' EARLIEST OPPORLEILT,
27THE ENEAWATER • RUCK AND M.' =NE REOUREMENTS
=OR EXTRA nEmcN MM- :. _a_NG soNCRE E ,,00ev NA _R. WE DIETI,OD,_SE
E D,S,DERES DEE N SON RAC' SACRK AND ARE NOT M._AS_ FD
DR PAD =OR SEPARATE,
28 ALL HEMS DESIGNATES- ' ARE NOT DESIGNATED FOR SALVAGE SHALL BE.
DISPOSED OF N ACCORDANCE WIT, THE STANDARD SPECIFICATIONS AND _GOAL LAWS
AND ORDINANCES T - COME. THE PROPER, OF THE CONTRACTOR
AND SHAL.. 3 - PROJECT SHE ACCORDINGLY -
NON -SALVAGEABLE MA'C:R, 4Eµ'HAE 3E NC -LED NT, DOS7 OF THE PROJECT AND
SHAL_ 2,02 3E PMC =SR SEPARATE
2 _ FF C CONTROL DEVISES SHALL 3E REMOVED PROM THE BOAC'S. aTT .LE E,ID,
EACH WORK JAY :NODE VICES SHALL 3E STORED ON SITE
)0 THE CONTRACTOR SHALL OBTAIN AN ELECTRICAL PERMIT ALL ELECTRICAL WO
CONTRACTOR A, HE RV. SITE SMALL 3E NSPECTED BY THE HELD COUNRN DONE HY
THE BUILDING
DEPARTMENT
PROJECT THE LIMITS OF THE PROJECT HAVE BEEN
SHOWN BASED ON,EBESTAVAEABLE INFORMATION AT THE TIME OF PRINT THE
CONTRACTOR SHAL,EREH C BE RESPONSIBLE FOR ALL FEATURES NCL.AWC 4LL
LNDERGROUND D ABOVE GROUND U- LILES PRIOR TO BEGINNING ANY WORK "HE
L 3E RESPONSIBLE =0R = EL O LOCATING AND vERIF,ING ALL LE,
NFORMAT ON =OR LW, N COORC NATON THE CONTRACTOR SHALL
COSTAE- HE , L,iv,NOTF.CATON CEN R OF COLORADO AT d^+
32 THE CONTRACTOR SHALL COMPLY WITH ARTICLE+S OF TITLE 9 CRS ,'EXCAVATION
REQUIREMENTS, WHEN EXCAVATING OR GRADING IS PLANNED IN THE AREA OF
JNDERGROUNO UTILITY -w121BU IES'HE CONTRACTOR SHALL NOTE, ALL AFFECTED
0,2)9SINESS DAYS NOT TCE
PR DR TO COMMENC NG SUCH SFERATF DNS HE CONTRACTOR SHALL CONTACTOFTHE
L T, NOT F CANON CENTER COLORADO Sr PHONE NO 311 OR.300.322-+997
=0 -AVE _OCAT SAS OF _ACC RES STEREO L MSS MARKED 3Y MEMBER COMPANIES ALL
ERG - -- T Si -ALL .COATED DY CON TACLNG THE RESPECT
OWNER UI SERVIDA CELATERALS SHALL BE LOCATED PRIOR TO BEGINNING EXCAVATION
OR GRADING
33 POTHOI GW'LL BE REOULRED DTI r.s PRO.:ECT AND PAID FOR SEPARATELY AS L TEM 203
PO T S EST MATED -T-AT 3 HOURS POTHOHNG SALBE REGLRED FOR .IS
.EDE SONTRACTOR SHALL .x . AND POTHOLE AL,OTENTLAL CON, CTS
=XIS'.NG BUR E._ _ =AC L T ESW - PROPOSED CONSTRUE-ON_ANTS
S'S MOOL, PROPOSED OONSTRUCTCN PLANS rO AVOID AL XIS'NG
BURLED LE LIT, ,ACILL TES
34 AL_ POTHOLING SHALLBE DONE OUTSIDE THE LIMITS OF THE CONCRETE ROADWAY
3 DCA,ONS'NHERE,THOL NG'IS REQUIRED CONTRACTOR SHALL BE=URTI-ER
BEDDRED -0 RESTORE SURFACE ,PREWOUS CONDIT ON
NCO, TER ROCKY SOIL CONC'IONS DURING
1. ENCH'N„ACTNTES
] PRIOR 70 THE PERMANENT INCORPORATION OF STEEL OR IRON PRODUCTS NTO THE
PROJECT TH - THE PROJECT ENGINEER A WRIT (EN
ATEMENT SIGNNED BY THERCONTRAc OR SEE EXAMPLES'.N ; HE FIELD MATERIALS
MANUAL, ,E SEW'S INS RECL. REO 3Y THE 3p, AMERICA SPECIFICATION ARE
DA LE AND -EB .= F,. DR RONRCCUCI.. S ARE COMPLIANCE WIT, THE 3, AMRICA
SPEC ELC, ON
38 - DURING THE CONS:RUC TION PROCESS CONDITIONS ARE ENCOUNTERED AHLCH COULD
' ATION THAT S NOT IDE.' FLED CN THE PLANS OR SPECIFICATIONS 'HE
CONTRACTOR SHALL CONTACT THE ENGINEER IMMEDIATELY
39 E VENT, A DISCREPANCY THE ORDER OF PRECEDENCE IS AS TOLLOWS
al CONTRACT G E _., DONCCNG EXH,BITS ADDENDA AND APPENDICES
V
WED.:10,T, PRO -EC' SPECIAL ROV'SONS
WELD COLN, EANDARC SPECIAL PROVISIONS
LL DDOT PROLE, .SPECIAL PROVISIONS S
.o cc.Qr STTANDARD sceeFECATLONsovlsloNLEIPLANS
STANDARD PLANSSALCDLATES DIMENSIONS SEAL_
N DUE EVE, OF A OSGREPANCY BETWEEN EVEL OF ORDER OF
pRECEDENCE LE MOST RESTRICTIVE ,141,_ APPI,
Project No./Code
Computer File Information
SW. 5912010 InNals OCT
Last M0MMe]Date. 32,2018 LENala DC=
Ora.9Ekt ma: JE-AILS DWG
Wo04O lemon 2017 Scale AS NOTED Untie. _n5N
Index of Revisions
Date
Comments
WELD COUNTY
As Constructed
WCR 49IWCR 32 WEATHER STATION
GENERAL NOTES
es,gner
Sheet Suss.
Street Suoset
sheet 'Amber 3 X
SUMMARY OF APPROXIMATE QUANTITIES
ITEM NO.
BID SCHEDULE ITEM DESCRIPTION
UNIT
BID QUANTITY
201
CLEARING AND GRUBBING
AC
008
203
POTHOLING
HR
4
207
TOPSOIL (STOCKPILE)
CY
44
208
REDISTRIBUTE TOPSOIL
CV
44
208
EROSION LOG (TYPE 11 (12 INCH) (10 FT)
LF
200
208
MOBILE CONCRETE WASHOUT
EA
206
EROSION CONTROL MANAGEMENT
LS
1
212
SEEDING(NATIVE)
AC
0.06
212
SEEDING (STERILE WHEAT)
AC
0.C
212
HYDRAULIC GROWTH MEDIUM
SY
400
213
MULCHING (WEED FREE STRAW)
AC
0.08
613
2 -INCH ELECTRICAL CONDUIT
LF
180
614
PULL BOX (SPECIAL)
EA
614
RWIS CABINET
EA
614
RWIS RPU
EA
1
619
RWIS TOWER
EA
1
619
RWIS SOFTWARE AND TRAINING
LS
614
RWIS SENSOR (PASSIVE PAVEMENT SENSOR)
EA
1
614
RWIS SENSOR (PRESENT WEATHER SENSOR)
EA
614
SWIG SENSOR (TEMPERATUREIR. H.)
EA
1
614
RWIS SENSOR (WIND SPEED/WIND DIRECTION)
EA
1
614
RWIS SENSOR (SOLAR PANEL)
EA
623
MOBILIZATION
LS
1
630
TRAFFIC CONTROL
LS
1
200
PA MINOR CONTRACT REVISIONS (MCR)
PA
1
]00
FAA EROSION CONTROL
FAA
1
OPTIONAL
614
RWIS SENSOR (BAROMETRIC PRESSURE)
EA
1
CENTER COLORADO
614
RWIS SENSOR CCTV (FIXED)
EA
1
lig
614
RWIS SENSOR CCTV (PTZ)
EA
1
ARFoRF Doff DIG GRADE DREAD -AEA.
Computer File Information
Index of Revisions
WELD COUNTY
As Constructed
WCR 49ANCR 32 WEATHER STATION
SUMMARY OF APPROXIMATED QUANTITIES
Project No./Code
Creams Date' „Lai: COT
Dare
Camrene
Deane
. Lac EN.
P yE .A ) _ F56 -4000
4x 9 31304-64x1
No Sea/felons
,c sW0206622346
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Sheet sneee Number a
m CAD rtyos D1 i Scab a NOTED 2 e. _ q
WEATHER TOWER
PROFILE VIEW
ATMOSPHERIC SENSOR
(WINO sDIREDI ION)
TOWER,OuN T EO SOLAR PANEL
MOUNT ON SOUTH SIOEH
7NOT TO INTERFERE WI,
WEATHER DATA COLLECTION)
• OWER=OLD OVER
ASSEMBLY
AN TTIVB PANEL
BREAKER BOX/METER
Two POWER/SHONE
auLL BDxES
-O ER/SHONE
-INSTALL TOP 0= BOX
FLsSH7NITH GRADE,
IV CONC.,-CR
AC POWERS PHONE
T VON.2I,OR PAVEMENT
SENSOR SELECT.,
SABLES
ABE
00 .MINI
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SEE DETAILS,
VIDEO CAMERA
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-RESEW"NEAT.I�ER
RPLA ENCLOSURE
BAROMETRIC
PRESSURE SENSOR
Oc, CANAL, E
N TT, 5NCLOSLRE
PAVEMENT SENSOR
, NST ALLF.C PER MANUFACTURER
RECOMMENCAf DNS)
C BOX =OR
QUICK JISCON.CDREPLACEMET,
THE DED TOWER SHALL THE NORTH
2, IDE THIERCLEAR
ZONE OL
FIB ',ROUND SOD SLAM.
ONE PER oODI
079 COPPER CI AO STEEL GROUND ROD
50x'
CONCRETE DASD
ABOVE GRADE
PLLL BOX
CONS
R, ENCLOSURE
0 R
WEATHER TOWER
PLAN VIEW
°LILL 90X
INSTALL aOTOF 30%
SEED MULCH AND APPLY
HYDRAULIC GROWTH MEDIUM FOR
SHRiSTURBEG AREAS TSEE SWMP
EETS =OR SEED MIX,
EROSION CONTROL LOG
)TYPE 6(T3 DO Fp
'TOWER SHALL FOLD TO THE NORTH ALL
PARIS OF THE FOLDED TOWER SHALL BE
CU
MOUNT SOLAR ANELFACING SOUTH
ROW LNEIFE_NCE
NOTES
THE CONTRACTOR SHALL WORN WITH THE uTILTY
COMPANIES TO SETA METER AND PROVIDE POWER FOR THE
STTE
AB-E TC ENGTHS ARE ESTIMATES ONLY CONTRACTOR 7S
RESPONSIBLE =OR '/E G_ENG, HS AND ENSURING THE
CORRECT LENG7HS ARE ORDERED COST FOR CABLES
CB SHOLsZER RAVEL .AWE NQ_DE THEE SENSORS AND POWER
3 THE APPROXIMATE LOCATION OF CONDUIT LINES TO BE
PAVEMENT SENSOR
IINSTALLSD PER MANUFACTURER RF.COMMENDAI DNS)
MOUNT N C RAD, =OR DUOS
03.6s OF IOTORADO
NESS BAYS N aDvANO3
Roos oa
'AL.ED SHALL 3E LOCATED PRIOR TO ANY CONSTRUCTION
ACTINIDES
A OLESN THE ENCLOSURE MAY BE DELO
DROLED SR FACTORY DRILLED -.LES SHALL DE THROUGH
GROUND wFRESENTERING A AND
SHALL
ENCLOSURE SHALL
SE -TERMINATED ON THE GROUNDING LUG AND SHALL 3E NI
ACCORDANCE WITH THE REVISION OF SECTION BT a OF THE
SOOT AT IONS AND THE NATIONAL ELECTRIC CODE
3 L EOUIPMIENT SHALL BE ,NSTALLED PER THE
MANUFACTURER'S RECOMMENDATION
0 SITE ACEMENT SHALL AVOID DRAINAGEFEATURES
CONCRETE =OR THE SHALL BE CLASS D
3 LEVEL -OP OF THE SOWER BASE SECTON 70 ENSURE
iAIGHT AND PLUMB TOWER INSTALLATION THE TOP OF
BASE SHAL_ 3E A .MINIMUM OF 5 INCHES ABOVE
THE TOP OF THE CONCRETE PAD OR SHALL MEET
MANUFACTURER RECOMMENDATIONS
? SONCRETE7,13 SHALL BE SLOPED TO DIRECT WATER AWAY
FROM THE EQUIPMENT
CONTRACTOR'S CESPONSIESE=OR 'NCORRECT, NSTAL'_ED
71 FooV7SE Coosa, STINTS ,TA -P6 O.RETE PAO
Computer File Information
Lrea5/9/201S
tall MOOTea Dale: 5/.'2/2018 •.als DCT
Oraats He Name RWIS_DETALS DWG
Aust. Verson BOIT Scale AS NOTED J. Engl.
Index of Revisions
Dale
CononenTs
WELD COUNTY
As Constructed
VB WORXT�
REPART MEN)
77'S'0'5&'
peTE W )_S a L
1T90130a 67197
WCR 49/WCR 32 WEATHER STATION
PLAN SHEET
Project No./Code
H970 STNO2 066 223s5
Des79ner
Seta D'RAF-
Sheet Susael
Sneer NUM. 5 of
I. NTE DESCRIPTION A DURING CONSTEUCDON
, 3TREER SWEEPING 0,
2 MAP/CONTROL MEASURE MAINTENANCE
I ,A,A,..2,AII, ,A2II oe n«OC.onnee,,',OO,..On.08o,I.
2 INTERIM AND PERMANENTSTAEIENATON
,OMMON NAME
300AN CAL NAME.
es a „E
2 STOEMWAME MANAGEMENT CONEIIOIS NEST CONSTMICNON ACIIVMES
WESTERN T
.uo.0 AI
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3 SWAP AIMAINISTEATOR:
D SPECIAL REQUIREMENTS.
.00
SWAP RDNUNISTRATOR FOR CONSIRUC00
VAME/TRIE
CONTACT INFORMATION
CERTIFICATION,'
START DATE
eNGINEER APPROVAL.
&RESEEDING OPERA'IONS/CORRECTivE ST ABIL.ItATION
0EROSION CON ROI K NSPTOR., ., .,.,..e I,i,..
NAMER,LE
CONTACT NFORMATION
CERTIFICATION,.
START RARE
ENGINEER APPRSRAI
CONTRACTOR
Computer File Information
Index of Revisions
WELD COUNTY
As Constructed
WCR 49/WCR 32 WEATHER STATION
SWMP (SHEET 1)
Project No./Code
cream, Da- 4117,018 an,
wm
COrnens
RevisiOne
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I. PRIOR TO PROTECT FINAL ACCEPTANCE V TAIIMATION Of SSORMWATER ORANNTIES
A Donal Acceptance .M1olite .. sccotdance min ,Dlosection IOI 25 !cll. 208.• 0 or, ?la. or the Poo,' Acceplance of the oroiect .f ‘nall De oetertn nea Dv the A 31,ft:control Me.o.s.re ,ercliment removat and <16..1 ,air pe ca. rco ay 208 Removal ono Dtsposal ol Set:lin-ten, SW!, AcinDnDirctice nMeasuress a an s� Deemo.ea Seamen loeot o era PCoDtto Measure mantenance sw .ncucedn ne_osof •ne PAP/Contra,rl, of anenlaw mseamova and Disposal of amas
C All sletrn aroint snail be clear. nrior to Me Dral AccePrDnce 0, ',. .,,,,e., , ,sraolisnment of teetleci areas ;nail De. °ma ref os 2 t2See.ang Dtiarvelt •hts 'nal, ncuae NARRATIVES R. moving.
A. ADDITIONAL eenPSICOrvTFOT MEASURES AND NARRATIVES
SPECIFICATION
PAY ITEM
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10. RIOIOOIC IMPACTS
11. NOTES
NOTE
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Computer File Information
Index of Revisions
WELD COUNTY
As Constructed
WCR 49IWCR 32 WEATHER STATION
SWMP (SHEET 2)
Project No./Code
Creation [late- 4,170018 intlials OT
Date
Comments
Pittes
De DEPARTMENT
�t -�5 5 4EE.
8 r R,370)5s5-4ocass
NE ty) 304.5491
r Ax
to Revisions
vt+Os00 oss n54s
loat rl00r0 Dale. s
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V1 r.t eq svcn.zrrtamFn staT.d
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_
,Signer
as 44
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Sheet Number of
+ulo ers�cn t SVN r. NOTED Units .m6sn
Sheet Subset
Sheet Sunset
GR-44 WCR 49 RWIS
Bid Request No. B1800100
Weld County, Colorado
ADDENDUM NUMBER ONE
The following shall be incorporated into the CONTRACT DOCUMENTS, for the
above -referenced PROJECT:
A. Contractor Questions and Responses
June 1,2018
All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged.
BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure
to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID.
A. CONTRACTOR QUESTIONS AND RESPONSES
Question 1: Subsection 614.02 (Page 90/206): The RPU shall have also utilize a solar panel which
is capable of charging the battery backup. If the battery -back provides 72 hours of autonomy, would
a solar panel be necessary if the RPU is designed to re -charge the battery back-up when power is
restored?
Answer 1: Yes, a solar panel is required. It is the intent that the solar panel provide back-up power
in the event that power is out for more than 72 hours.
Question 2: Subsection 614.02 (Page 90): The RPU shall support at least two parallel
communications lines out from the station. Is there a separate need of two parallel
communications lines from station if the specified cloud based software can provide export of all
station data to third parties?
Answer 2: Yes, the RPU must have the ability to provide two separate lines of communication. The
specification does not state that two lines of communication will be provided. It only requires that the
RPU have the capability to support two separate lines of communication.
Question 3: Subsection 614.02 (Page 93/206): Passive In -Pavement Sensor — Communication
RS -485. Is there a reason and/or need why the type of cable is specified? Is RS -232 a viable
alternative?
Answer 3: The majority of the passive in -pavement sensors reviewed for this bid were based on
RS -485 communications. RS -485 communication is the preferred method but RS -232
communication will be allowed provided the Contractor can provide evidence that it will perform as
equally at RS -485 in the given application.
Question 4: Subsection 614.02 (Page 93/206): Passive In -Pavement Sensor — Outer Sensor
Casing. Is a separate outer casing required? Traditionally, a removable body/lid have opened up
a path to sensor water intrusion.
Answer 4: The intent of the outer casing is to provide for ease of repair/replacement in the
event of a sensor failure. This sensor will be placed in a new concrete road and the County
wishes to avoid unnecessary saw cuts in the new surface. In the event of a sensor replacement
due to failure, the County wishes to minimize the length of time required for a lane closure to
repair or replace the sensor. Other alternatives to the outer casing will be allowed provided the
Contractor can provide evidence that the repair or replacement of the sensor will not damage the
concrete roadway.
M:\ -Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 1\GR-44 Addendum
#1.doc
Question 5: Subsection 614.02 (Page 93/206) Air Temperature/Relative Humidity Sensor -
Operating Voltage: 5 to 24 Vdc. Would an Air Temperature/Relative Humidity Sensor be
provided with operating voltage 7 to 28 VDC be an acceptable alternative?
Answer 5: Yes, the County will accept an air temperature/relative humidity sensor with an
operating voltage of 7 to 28 VDC.
Question 6: Is the mandatory pre -bid meeting really required?
Answer 6: The pre -bid meeting is mandatory. In order to submit a response to the request for
a bid, the prime contractor must be at the meeting and must appear on the sign -in sheet. Sub-
contractors are welcome and encouraged to attend the meeting. The purpose of the meeting is
to answer questions and provide specific information on the project.
Prepared By: Clay Kimmi, P.E.
Senior Engineer
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 1\GR-44 Addendum
#1.doc
GR-44 WCR 49 RWIS
Bid Request No. B1800100
Weld County, Colorado
ADDENDUM NUMBER Two
The following shall be incorporated into the CONTRACT DOCUMENTS, for the
above -referenced PROJECT:
A. Contractor Questions and Responses
June 12, 2018
All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged.
BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure
to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID.
A. CONTRACTOR QUESTIONS AND RESPONSES
B. PRE -BID MEETING SIGN IN SHEET
C. PRE -BID MEETING AGENDA
Question 1: Can we submit email bids?
Answer 1: Yes, please email the bids to the email address provided in the bid documents. Please
note that all bids must be received by no later than 10 a.m. the morning of the bid opening. All bid
documents must be in a PDF format.
Question 2: The bid documents state the low bidder must submit the CDOT forms by 4:30 p.m.
the day following the bid opening. The CDOT specifications state that the forms must be
submitted by 4:30 p.m. on the fifth day after bid opening. Can you clarify which time and day is
correct?
Answer 2: All of the CDOT forms shown to be required by the lower bidder must be submitted by
4:30 p.m. on the fifth day after bid opening.
Question 3: What kind of notice do we have to provide for one -lane closures on CR 49?
Answer 3: In order to obtain the appropriate approvals, the Contractor shall provide a minimum of
two weeks' notice for the road closure.
Question 4: Can the concrete for the tower installation be installed in frozen ground conditions?
Answer 4: No. The placement of the concrete for the tower installation shall follow the CDOT
specifications for structural concrete.
Question 5: Are there specifications an the access road that is to be constructed for the site?
Answer 5: No. The intent would be for a vehicle tracking pad to be constructed on CR 32 for
access into the site.
Question 6: Is the pull box necessary for the pavement sensor installation?
Answer 6: Yes. A pull box off of the shoulder of the paved roadway will be required for
maintenance purposes. Please see Addendum 1 for details regarding the requirement for a
outer sensor casing in the roadway.
Question 7: Will the County accept a non -intrusive pavement sensor instead of the intrusive
pavement sensor?
Answer 7: No. The County will accept an intrusive pavement sensor only.
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 2\GR-44 Addendum
#2.doc
Question 8: The specifications state the RPU must be AC powered. However, since there will
be solar power and a battery backup, Can the RPU be DC powered?
Answer 8: Yes. The intent is to have the solar panel charge the batteries in the event of a
power outage.
Question 9: When installing the pavement sensor, will the Contractor have to saw cut the
concrete roadway?
Answer 9: Yes. The pavement sensor will be placed in the concrete roadway. The concrete
shall be saw cut and repaired in accordance with the bid specifications.
Question 10: Since there is limited traffic control on this project, how is the Contractor
supposed to meet the DBE requirements?
Answer 10: The DBE goal for the project is 4% which means that the total amount for the DBE
goal is going to small. For example, if the total cost of the project is $80,000, the DBE goal is
$3,200. In addition to traffic control, there are DBE sub -contractors that can do the erosion
control items specified in the contract as well.
Question 11: In Subsection 614.01, the specifications states "The system will be specifically
designed for monitoring and displaying pavement surface conditions, pavement temperature,
freeze point temperature, and subsurface temperature." There is not a reference to a
subsurface probe in Section 614.02. Is the county requiring a Subsurface Probe?
Answer 11: There is no requirement for a subsurface probe at this time. However, the RPU
needs to be capable of supporting such a probe in the event one is added in the future.
Question 12: In Subsection 614.02, the specifications states "Battery backup shall be provided
to power the RPU for a minimum of 72 hours in the event of loss of AC service. The battery
backup shall be housed in the RWIS cabinet." Will the county allow for the battery backup to be
housed in a separate sealed case?
Answer 12: Yes, provided the separate sealed case is vandal proof and is easily accessible for
maintenance purposes.
Prepared By: Clay Kimmi, P.E.
Senior Engineer
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 2\GR-44 Addendum
#2.doc
B. PRE -BID MEETING SIGN IN SHEET
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 2\GR-44 Addendum
#2.doc
WELD COUNTY - MEETING ATTENDANCE
Purpose: Mandatory Pre -Bid Meeting Project: GR-44 WCR 49 RWIS
Date: 06/11/2018 Time: 10:00 AM Place: Public Works Conference Room
NAME/ORGANIZATION ADDRESS PHONE NUMBER
Clay Kimmi/Weld County Public Works
1111 H St, Greeley, CO 80632
970-400-3741
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M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 2\GR-44 Addendum
#2.doc
GR-44 - WCR 49 RWIS
Mandatory Pre -Bid Meeting Agenda
June 11, 2018
1. Sign -in Sheet
2. Project Description/Location
a. The project in general consists of the procurement and installation of a Roadway
Weather Information System. The project includes but is not limited to the following
work items: tower installation, sensor installation, electrical power connection,
telecommunications, software setup, and training. All bidders must meet the
requirements of the Colorado Department of Transportation Standard Specifications for
Road and Bridge Construction to bid this project.
3. Project Engineering
a. Design was provided by Weld County. Materials Owner Acceptance testing will be
arranged by Weld County and will be conducted by Terracon. Contractor is responsible
for process control testing. Construction administration and inspections will be provided
by Weld County Staff. CDOT staff will be attending progress meetings, conducting
traffic control reviews, and reviewing EEO documents.
4. Bidding Requirements
a. All bids must be emailed, mailed or hand delivered. No fax bids are allowed for this
project.
b. Note the insurance requirements for the job
i. See pages 31-35 for the insurance requirements for the project.
ii. Weld County and CDOT must be included as additional insureds.
iii. Builder's Risk insurance highly advised since damage to the project such as acts
of God are to be repaired by the contractor at no cost to Weld County.
c. Forms required at bid time are listed with an asterisk in the table of contents.
d. Last day for questions is 7 a.m. on June 15, 2018.
e. Bid closes at 10 a.m. on June 19, 2018. Bids will be opened at the Purchasing Office.
5. General Project Submittals by Contractor
a. Materials Certifications
b. Buy America Documentation
c. Construction Schedule
d. Topsoil, seeding, and erosion control materials
e. Insurance, bonds, CDOT forms, certified payrolls, and contract documents
6. Davis Bacon Wages
a. CDOT requirements apply
7. DBE requirement of 4%
8. On -the -Job Training requirement of 0 hours
9. Force Accounts
a. One set up as a contingency
10. Project Completion Date
a. Project is a completion date contract
i. December 31, 2018 is contract completion date
ii. No weather days or less than full-time charged days will be granted
11. Closures and Traffic Control
a. Construction signing and traffic control is the responsibility of the Contractor. Traffic
control plans shall be submitted to Weld County for approval prior to any construction.
b. A 2 -week notice is required for any lane closures.
c. Access to adjacent properties must be coordinated with the affected landowners.
M:\ -Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Pre-bid Meeting\GR-44 Pre -Bid Meeting Agenda.docx
Page 1 of 2
12. Coordination and Protection of Existing Utilities
a. Contractor shall be responsible for protection of all existing utilities and coordination with
the affected companies during construction.
b. Most of the required relocation work will be complete prior to construction.
c. Utilities include CenturyLink, and United Power.
13. Revisions to Section 104
a. Revised definition for differing site conditions — note the exclusions
14. Revisions to Section 105
a. Added section which allows the County to remove any of the Contractor's or sub-
contractor's employees from the job for any reason.
b. Order of precedence has been revised.
c. CDOT will not participate in disputes.
15. Revisions to Section 107
a. Act of God Clause — Contractor shall repair all work damaged by act of God at no cost to
the County. No change order will be issued for change in site conditions due to act of
God.
b. County ROW permit required for the project.
c. CDPHE stormwater discharge permit is not required for the project but specifications for
areas less than one acre must be followed.
d. Contractor is responsible for any and all fines levied by CDPHE for violations of the
permit.
16. Revisions to Section 108
a. Work to start within 10 days of Notice to Proceed.
b. Pre -Construction meeting required prior to start of work.
c. No weekend or holiday work required without prior written consent of the County.
d. County to be reimbursed for weekend time spent by Project Manager and Inspector.
i. $50/hour credit to monthly pay applications
e. Liquidated Damages table is different from CDOT
17. Revisions to Section 109
a. Price reductions for failure to provide tickets within 48 hours of placement
b. Retainage is 5% of the value of completed work. Will be held on every pay application
c. No release of retainage until Final Acceptance
18. Revisions to Section 212
a. Seed mix
b. Soil conditioning required
i. Hydraulic Growth Medium required as the soil conditioner
ii. Specifications provided
19. Plans
a. Volume 1 is the plan set for this project
b. The 2018 CDOT Field Materials manual will be used by Weld County inspectors. The
contractor is advised to become familiar with this manual. Pay attention to the Notice to
Contractors section.
20. Questions?
a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at
ckimmiaweld.gov
b. Deadline for asking questions is 7 a.m., Friday, June 15, 2018
c. Final Addendum will be posted by noon., Monday, June 18, 2018
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Pre-bid Meeting\GR-44 Pre -Bid Meeting Agenda.docx
Page 2 of 2
GR-44 WCR 49 RWIS
Bid Request No. B1800100
Weld County, Colorado
ADDENDUM NUMBER THREE
The following shall be incorporated into the CONTRACT DOCUMENTS, for the
above -referenced PROJECT:
A. Contractor Questions and Responses
June 18, 2018
All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged.
BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure
to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID.
A. CONTRACTOR QUESTIONS AND RESPONSES
Question 1: There appears to be a fence between the desired location of the RWIS and WCR
49. How do we gain access thru to the desired location of the RWIS as it's slated to be installed
30' off the shoulder of WCR 49?
Answer 1: The drawback of using Google Earth Streetview photography is that the photos are
not currents. As was stated at the pre -bid meeting, CR 49 was recently upgraded from a 2 lane
asphalt road to a 5 lane concrete road. The photos obtained from Google are outdated and do
not reflect the current condition. The plans included in the bid documents show the current
location of the fence. There is currently no fencing that will impact the placement of the RWIS
tower in Weld County's ROW.
Question 2: Do we need to remove and replace this fence?
Answer 2: See the response to question 1.
Question 3: How will the RWIS be protected from cattle damage if it in fact gets installed within
this fenced off area?
Answer 3: See the response to question 1.
Question 4: How will the charges from United Power be paid to set and install a new
transformer for the new service we are providing?
Answer 4: As stated in the specification, the contractor is responsible for all costs associated
with hooking up the AC power from United Power from the start of the project through final
acceptance. The bidder is responsible for including the electrical costs in the bid cost for the
tower installation. After final acceptance, the power responsibility will be transferred to Weld
County.
Question 5: Do we need to install a chain link fence around the RWIS?
Answer 5: At this time, we do not wish to add a chain link fence around the RWIS.
Prepared By: Clay Kimmi, P.E.
Senior Engineer
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Bid Documents\Final Bid Specifications\Addendum 3\GR-44 Addendum
#3.doc
Rose Everett
From:
Sent:
To:
Subject:
Attachments:
Kevin Herbert<kevin@herbertinstrumentation.com>
Tuesday, June 19, 2018 9:01 AM
bids
Bid Number 81800100
Bid forms.pdf
Please accept our Bid for the GR-44 WCR 49 Roadway Weather Information System.
"I hereby waive my right to a sealed bid"
Best Regards,
Kevin P. Herbert
Herbert Instrumentation Services LLC
7352 Greenridge rd. Unit B-14
Windsor, CO 80550
Ph. 970-214-5985
Fax. 970-460-0692
HE �T
ru 4U , rikrtU t
SE:4.'0CEF1
7352 Greenridge Rd. Unit 8-14
Windsor, CO 80550
Phone 970-214-5985
kevin@herbertinstrumentation.com
Weld County
Department of Public Works
Project: CR-44 WCR 49 Roadway Weather Information System (RWIS)
NHD SW02-066 22346
Subject: Herbert Instrumentation Services LLC here in proposes to Install, furnish and Start-up
RWIS System. In compliance with plan specifications and Drawings.
We acknowledge addendum #I;#2, and #3.
PROPOSAL
QUOTE# Q18-019
DATE June 19, 2018
Scope of Work:
Provide and Install Roadway Weather information system in compliance with plan specifications and Drawings.
Statement:
I hereby waive my right to a sealed bid.
Herbert Instrumentation Services, LLC agrees to perform all work described per this proposal for the
Following lump sum pricing
Proposal lump sum: Ninety -Eight Thousand Nine Hundred Fifty -Seven and 44/100 Dollars.
$98,957.44
We appreciate the opportunity to provide this proposal and should you have any questions please contact the
Undersigned at 970-214-5985 or at kevind.herbertinstrumentatiun.com
404 P. hefi6cet
Kevin P. Herbert
President
Herbert Instrumentation Services, LLC
ITEM
NO.
201 Clearing & Grubbing
203 Potholing
207 Topsoil (Stockpile)
207 Redistribute Topsoil
208 Erosion Log (Type 1) (12 inch) (10 ft)
208 Mobile Concrete Washout
208 Erosion Control Management
212 Seeding (Native]
212 Seeding_(Sterile Wheat
212 Hydraulic Growth Medium
213 Mulching (Weed Free Straw)
613 2 -inch Electrical Conduit
613 Pull Box (Special)
614 RWIS Cabinet
614 RWIS RPU
BID SCHEDULE ITEM DESCRIPTION
614 RWIS Tower
614 RWIS Contractor Hosted Software and Training
614 RWIS Sensor (Passive Pavement Sensor)
614 RWIS Sensor (Present Weather Sensor)
614 RWIS SensorjTemperature/Relative Humidity)
614 RWIS Sensor (Wind Speed/Wind Direction)
614 RWIS Senso.Solar Panel)
623 Mobilization
630 Traffic Control
700 F/A Minor Contract Revisions fMCR1
700 F/A Erosion Control
UNIT BID UNIT PRICE TOTAL PRICE
QUANTITY (DOLLARS' (DOLLARS)
AC_ y 0.08 $1.450.00. _ $836.00
HR_ 4 $225.00 $900.00
CY 44 $15.00 $660.00
CY t 44 $15.00 $660.00
LF 200 $1 00 $200.00
EA 1 $150.00 $150.00
$250 00 $250 00
AC 0.08
AC 0.08
SY * 400
AC
LF
EA
EA
LS
EA
EA
_EA
EA
EA 1 j
LS 1 T
LS 1
-.-
F/A r 1
0.08
180
NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT.
OPTIONS
614 RWIS Sensor (Barometric Pressure)
614 CCTV (Fixed)
614 CCTV (PTZ)
$750 00 I ;E_S)S)
$775.00 $62.00
$5.00 + $3,200.00
$850.00 $68.0.0
$151 nn $3.420.00
$1,050.00_... $3150;00
_Si 180.00 $1 180 00
$9,533.22
__...-.. $9,533 22_ _-
$9.621.00 $9:621.00
$16.010.24 $16 010.24
$6 369.52 $6 369.52
$5 087.64 $5_087.64
$1,026.82 $1026.82
$3.182.00 $3 182 00
$17,256.00 1 $17,256.00
$4 575.00 $4575.00
$25000.00
$8,000.00 $8,000.00
$1,000.00 $1,000.00
$2 500.00.
Total Bid (Dollars): r $98,957.44
Ninety -Eight Thousand Nine Hundred Fifty -Seven and 44/100 Dollars.
EA
EA
EA
$572,9 $572.95
$2_354.00 $2.354.00
$5 625.00 1 _$5.625.00
BID NO # B1800100 Page 18
Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words
will govern. The above unit prices shall include all labor, materials, bailing. shoring, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the
County reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder
agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after
the scheduled closing time for receiving bids. Upon receipt of County's written acceptance of this bid,
Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as
required by the AGREEMENT.
The bid security attached is to become the property of the County in the event the contract and bond are not
executed within the time above set forth, as liquidated damages for the delay and additional expense to the
County caused thereby.
NOTE: The following are items of work to be completed by Weld County:
Materials Owner Acceptance Testing
Construction Inspection
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
"YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer
"NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments
for this project. After bids are submitted, bidders will not be given any other opportunity to accept or
reject this adjustment.
(Mark only one line with an "X"):
_ x YES, I choose to accept Fuel Cost Adjustments for this project
NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the
default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents.
Addendum No 1 Date' 6/12/9Q18
Addendum No.
Addendum No. 3
2
Date: 6/12/2018
Date: 6/18/2018
By / . w i- P. 74"QA.6a "
By P 7/44.6424 -t -
Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the
Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or
constructed. The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all the conditions, specifications and special provisions set forth
in the request for proposal for Request No. B1800100.
BID NO # B1800100 Page 19
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date
being the date of formal acceptance of the bid by Weld County.
5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best
interests of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM Herbert Instrumentation Services LLC
BUSINESS
ADDRESS 7352 Greenridge rd Unit 8-14
BY Kevin P. Herbert
CITY, STATE, ZIP CODE Windsor, CO, 80550
(Please print)
DATE 06/18/2018
TELEPHONE NO 970-214-5985 FAX 970-460-0692 TAX ID # 47-3161406
SIGNATURE A¢,,,�;t, J / t -
E -MAIL kevin@herbertinstrumentation.com
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -17.
BID NO # 81800100 Page 20
BID BOND
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THESE PRESENTS, that Herbert Instrumentation Services as
Principal, and United Fire & Casualty Company as Surety,
are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the
penal sum of Five Percent (5%) of Total Bid Amount Dollars ($ ), lawful
money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying Bid dated June 19 , 2018 for the GR-44 WCR 49 ROADWAY
WEATHER INFORMATION SYSTEM 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
19th day of June , 2018 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned representative
pursuant to authority of its governing board.
Principal Herbert Instrumentation Services
Address 7352 Greenridpe Road, Unit B-14, Windsor, CO 80550
ATTEST:
By:
ATTEST:
By: .G�� -�•
Witness
Surety United Fire & Casualty Company
Address P.O. Box 73909, Cedar Rapids, IA 52407-3904
BID NO # 81800100
Pap 21
KNOW ALL PIl2SONS BY'11IFs
the laws of llte State of Iowa, I FM(
exits: ;tut! I'INAN('IAI i'ACIFIC
(herein collectively called the Canp
DARLENE KRING5, RUSSELL
VOGEL, DULCE R. NIIGGINS,
IINI'El I) FIRE. & CASUALTY ('OR'II'ANV, ('I I)Alt RAPIDS, IA
UNITED 1.1R): & iNDEf1IN1'l'1' COMPANY, b\'1'.IiS'i'El ,'I'N
F1NAN('IAI. PACIFIC INSURANCE COMPANY, ROC'KLIN, CA
('I:R'i'IhiGD COPY OF POWER OF A`I'I'ORNEY
(ori,:ival on lilt ;t !Ionic I>llice tif Company - See Certification)
Inquiries: Surety Department
118 Second Ave 54:
Cedar Rapids, IA 5241)1
I I'RI;Si N'I'S, 'Flint I INI'FI'I) FIR! & CASI IAL 1'Y CI )Ml'ANY, a commotion duly organized and exists it& under
I'I> FIR i & iNUI MNfIY COMPANY, a corporation duly organized and existing tinder the laws of the State of
iNS11RANC'I I'OMI'ANY, a corporation duly organized and existing under tin• laws of the State of California
trues). and halving their corporate headquarters itt Cedar Ra tills State of Iowa, does stake, constitute and appoint
D. LEAR, WESLEY J. BUTORAC, STEVE J. BL01IM, KELLY T. URWILLER, K'ANNE E.
KRISTEN PEREIRO EACH INDIVIDUALLY of GREFLEY CO
their ti ILe and lavrlial Atforitey(s)-iu-Pact wilt pnwtn and uutllorily hereby conferred to sign, send and execute in its behalf all lawful bonds, undertakings
anti other obligatory insuutuems oi,iutiltlr nature provided that no single obligation shall exceed $10.000.000.00
and to bind the Companies Ibcr_'by ens hilly and to the stunt; extent as ii such instruments were sighted by the duly authorized officers of the Companies
and all uftlreacts.oLasticlAtturuq..,.pursuinU.tunilia .authority. herby_giuwtuud-lrcrrby-ratil'twl:utrtccxtliratua-
'he Authority hereby anted shall expire the 9th day of September , 2018 un l ess sooner revoked by l INil F I) FFR1' &
('ASti;\I'IY (.'UMI'ANY, I INH! 1) 1.1121 c& IN!>!MNI'IY C(M11.ANY', AND I'IN.AN('IAI, I'A('iIaFC INStiRANC'P.COMPANY
This I'oe'er of At imey is made .end executed pursuaul to nand by authority of the billowing byiaw duly adopted on May I �, 21)13, by the Boards of
I lirectors of OM lid 1 MI: & C'ASI lr\l:lY COMPANY, lINl'l'I'U P181..1 INOI'CV(NI'iY COMPANY, and FINANCIAL PALIPfC' INS1,IRANC!:
C.'C)MP:\NY "Article VI — Surety Bonds and Uttdertttltin(s"
Section 2, Appointment ill Attorney in -Patel "The ('resident or any Vitae President, or any other officer of the C'ontpittties may, front (Mote to
tune, appoint by written cCUilit.atcs attorneys -in -!act to act in behalf of the Companies in the execuuun of policies of insurance, bonds,
undertakings mud otter obligatory instruments of like marine F lie signature of any ot'hcer uulhorizetl hereby, and the Corporate seal, may be
allixed by facsimile lit any power of attorney or special power of attorney or certification of ei(her authorized hereby, such signatu'e and seal,
w'ICs so used, being adopted 1w (lee Companies as the oriental signatire of such of Beer nod the original sled of the Companies, to be valid and
homing upon the Comptmics with the stone bare nntl el'lUet as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective eculifltatcs of authority shall have lull power to bind the Companies by their signature and execution of any such
insirunacn(s and 10 aumil the scat) of the C'otnpaunies thereto [he President or any Vice president, the Board of'! )irectors or any other ()nicer of
Ilan: Contpaoies stay al any lime !evoke alt towel' nld authority previously given to any attorney -in -tact
(N \\'fl'NI SS WI11 11'Ola, the COMPANIES have each caused these presents Io be signed by its
vi e tuesiilent aid its collimate .seal lu lie hereto affixed tltis9th day of September, 2016
I INFO :I) Fall: & (.'AS( IAf 't'y COMPANY
I INI II'D Pi81' & IN) >I;MNfI V COMPANY
FINANCIAL PACIFIC INS! IRANCI: COMPANY
Fly
Slate of Iowa. C thous of Linn, ss:
On 9tri day of September, 2016, before me personally
to the known, who being by Inc duly sworn, did depose mod say, drat he resides in I'edar Rapids, State or low i, that he is a Vice President of l INIT1;I)
1'1t L & C'AStuAITY COMPANY, a Vic:: !'resident of lii`II11 I) Intl' & INi))'.MNCIY COMPANY, and a Vice !'resident of iFiNANC'IAL. I'M'IPIC
INSURANCI': ('I )14(I'ANY tile .:01 1011S described in and which execrated tae: above instrument, that he knows the seal ofsaid corporations, that the
seal affixed to the said instrument is such corporate seal, that it wets so aflixet pursauw to authority given by the Board in' Directors of said corporations
and that lie signed his name thereto porsnaut to like authordy, and acttnuwledues snare to be the act and deed ofsaid corporations
.Judith A Davis
Iowa Notarial Seat
Commission number 1(3041
My Commission Expires 04/2312018
Vice prasid+:ut
came Dennis J. Richmann
A
Miry Public
My commission expires: 114/23/2018
I, [)avid A. Lange, Secretary or I FN1"I'l?l) FIE I11 c0 CASi (ALLY COMPANY and Assistant Secretary of iNl )t'MNfI'Y COMPANY,
and Assistant Seerelauy of l'iNANC'IAI. PACIFIC INS IRANC'I: C(IfvIPANY, do hereby certify That i have compared the foregoing copy of the Power
ni Attorney and affidavit, alai the copy of Elie Section of the bylaws and resolutions of said Corporations as set li,rlh in said Power of Attorney, with the
011.11; INAI.S (IN Ili,! IN I'I II, ilOMI. OIPIC'L (11' SA In t.'OICPtPtA I IIINS, raid that Ise same are correct transcripts thereof, and ol'tie whole oldie
said originals, and that the said Power Of Alturucy tuts oat been re Joked sod is now in till liu-ce soul cdfect
lu tt little, '4 hucrrut l hove h 'etlttlt) sui,xs ribett any tonne :loci infixed tly porate +eat of the said C orporalioutt
?I)
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Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Rante (:K stU V it 111 Val Irxlrn nl• lda t htni
Herbert Instrumentation Services LLC
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7352 Greenridge rd_ Unit B-14
tt','.,r,t,
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L0411)41011 11 Inan I A It:,A n-pyhoe)
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Part
Taxpayer identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the Name line
to avoid backup vrithhotding- For individuals. this is your social security number (SSN) However, for a
resident alien, sole proprietor or disregarded entity, see the Part I instructions on page 3 For other
entities, it is your employer identification number 4EIN) It you do not have a number. see Nov to get a
rim an page 3
Note. If the account is m more than ono name see the chart on page 4 for guidelines on whose
number to enter
Soda 4e away number
Employer idenhhoatton number
4 7
6 1 4 0
6
Part II
Certification
Under penalties of penury. t .certify that
1 The number shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be issued to me), and
2 I am not subtect to hackup ,withholding because to) I am exempt from backup .vrithholding, oer )h) I have not been notified by the Internal Revenue
,Service (IRS, that I am sr noted to ,",ankup withholding as a result of 3 failure to report alt Interest or drvrdend^ as (0) the IRS has notified me that I am
no longer object to backup withholding and
3. I am a U.S citizen or other tJ S person (defined below), end
rt The FATCA coctets) enterer) on tots form (it any) Indicating that I are exempt from FATCA reporting Ia correct
Certification instruidions. YOU must cross out ten, 2 above it you have been notified by the (AS that you are currently subject to backup ,.vtlrholdn lg
because y011 have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage
interest paid, acquisition or abandonment of S9CIII d prr.)perty. canceWition of debt. contributions to an individual retirement arrangement (IRA). and
generally, payments other than interest and uno:dends. you are not requlreu to sign the certification, but you roust provide your correct TIN wee the
IlrstrUCti011S' on page
Her U.S, Signature or f� dY
Here us•peravn• oiti� a� aht De>a► 06/18/2018
General Instructions
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BID NO # B1800100 Page 23
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI -COLLUSION AFFIDAVIT
NUD SW02-066 (22346)
GR-44 WCR 49 & 32
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'G Se" Kt;F' ,
Herbert Instrumetation Services LLC
rS
NO1 This document must be signed in ink.
Kevin P. Herbert
President
06/18/2018
04/4r/Ls
re'
SHANNON LEE NELSON
NOTARY PUBLIC
STATE OF COLORADO
iN1 ART iuT2015400e050
MY COMMISSION EXPIRES 02t25/2019
BID NO # B1800100
Page 24
COLORADO DEPARThENT OF TRANSPORTATION
BIDDERS LIST
Project Name and Number
Project Code
Proposal Date
Contractor
Region
GR-44 WCR 49 RWIS
NHD SWOR-066
06/18/2018
Herbert Instrumentation Services LLC
1
SubcontractorslSuppilersNendors: The bidder must list all firms seeldng to participate on the contract. This Information Is used by the
Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to
submit this form may result in the proposal being rejected.
Firm Name
Email
Work Proposed
(Select all that apply)
DBE
(Y,N)
Selected
(YIN)
Blue Mountain Seed
bluemountainseed@msn corn
Hydroseed disturbed area
Y
Narthernf oLoradn Traffic Contrnl Inc
oidst6/nocerrafic corn
rr:ah,- ,,,,tr:,1
I certify that the information provided herein is true and correct to tth�e best of my knowledge.
same Kevin P Herbert
Signaltir�ll /) �e,ye
itie President
Date
6/18/18
Work ProposedCaregories:
r tarerrdrs aeil S'iiiwite5 2 R,r,ep ,:4;',I itri,7./12,[ed , i 91r /i i Vval4a F,7/, !Ork'
Fogcsociir..J7,5(6.. -rt 1 , L .it,13„a1%Bs1.1 EP),5,,Y, .s7! .?,' r=„ilrePrr,,,:f , e,i Sr,.,. P:
.
T"rr,,ki +V ri/S tHauirnv I J h Ir.'ye A;1,-/ F' klne re .I'ob r!shu-irt,v, 23 F'-t+i,. x, :,h,,r . r ur,/ I,", > . ;w,-,
J Prs•}ottsf Cp,'+T:/F/e. F.9o'Piticrtt:r $ tstri! I2 Aai)h.d/t P.Y'Iki 22 f'4', s n CO@! l'1!InCfritiori
Cormrk'fS F P -,ail ar'(i Pa'k,nq L?I Ii,?;-,2rtsi :?n N3 to 1 .-site fallr7t;; r,(/ ,--0:>,-.,,,:1,,,c1
i_/kite f,G 0u,,tr:7 ?"'4.'•..,Y in."rti,-,$ l e /7 /ll,7 jae' C1,7,'1, '3,9,4! , '/' Se51 -Ind r ti,!,? col .ii.`
6 1Vh11Pij ahi E6+,',), '4i a.:k di 2, ,' _, ^du,' .al,a,.: H4'.1;.'
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CILn it_i,(,s ei 2 V,,,,...9',7 r 7• ii, "t,/rya�:
10 ":Jrd"p ,,Nate, i,i,r'- "
This form must be submitted by the proposal deadine. For CDOT projects, submit to eclat hg_dbeforms@state.co.ue.
]DOT Form #1413 01/14
BID NO#81800100
Page 25
COLORADO DEPARTMENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION PLAN
Bidder:
Herbert Instrumentation Services
Project
GR-44 WCR 49 ROADWAY RWS
Contact
Kevin P Herbert
Project Code:
NHD SW02-066 (22346)
Phone:
970-214-5985
Date of Proposal:
06/18/2018
Email:
kevm@herbertinstrumentation corn
Contract Goal:
4%
Preferred Contact Method: I
Region:
4
mmitments
DBE Firm Name
Work to Be Performed
Commitment
Amount
Eligible
Participation
BLUE MOUNTAIN SEED
NORTHERN COLORADO
TRAFFIC CONTROL INC
HYDROSEED DISTURBED AREA
$3200 00
3.23%
TRAFFIC CONTROL
$2900 00
2.93%
Total Eligible Participation
$6 100.30
Total Bid Amount
$98 957 44
Total Eligible Participation Percentage
Bidder Signature
6 6%
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 Kevin P Herbert
1 —Title President
Signature
214ua. /". Q7i�Q tt
Date 06/18/2018
This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot hq_dbeforms@state.co.us.
Civil Rights and Business Resource Center CDOT Form # 1414 01/14
BID NO # 31800100
Page 26
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PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THE PRESENTS; that
Herbert Instrumentation Services, LLC
(Name of Contractor)
7352 Greenridge Road, Unit B-14; Windsor, CO 80550
Limited Liability Company
hereinafter called Contractor, and a (Corporation, Partnership, or Individual)
Address of Contractor)
United Fire & Casualty Company
(Name of Surety)
P.O. Box 73909; Cedar Rapids, IA 52407-3909
(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 ninety-eight thousand two hundred thirty seven
Dollars and forty four cents, ($8;237.44). in lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 2018, a copy of
which is hereto attached and made a part hereof for the construction of:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100.
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.
M:\ —Active Projects\WCR 49 Weather Station (GR-44)\Construction\Contracts\WELD COUNTY AGREEMENT FOR
CONSTRUCTION SERVICES.docx Page 14 of 17
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which
shall be deemed an
original, this
day of , 2018.
Herbert Instrumentation Services, LLC
Contractor
.Ai ? ilg2
(Contractor) Secretary
(SEAL)
7352 Greenridge Road, Unit B-14
(Address)
Windsor, CO 80550
(Address)
(SEAL)
K'Anne E. Vogel
Attorney -in -Fact
P.O. Box 73909
(Address)
Cedar Rapids, IA 52407-3909
By/�-...
United Fire & Casualty Company
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.
MA —Active Projects\WCR 49 Weather Station (GR-44)\Construction\Contracts\WELD COUNTY AGREEMENT FOR
CONSTRUCTION SERVICES.docx Page 15 of 17
Bond #54-220143
LABOR & MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
KNOW ALL MEN BY THE PRESENTS; that
Herbert Instrumentation Services, LLC
(Name of Contractor)
7352 Greenridge Road, Unit B-14; Windsor, CO 80550
Limited Liability Company
hereinafter called Contractor, and a (Corporation, Partnership, or Individual)
United Fire & Casualty Company
(Name of Surety)
P.O. Box 73909; Cedar Rapids, IA 52407-3909
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Address of Contractor)
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of ninety-eight thousand two hundred thirty-seven
dollars and forty four cents, ($98,237.44)., in lawful money of the United States of America, for
the -payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of
2018, a copy of which is hereto attached and made a part hereof for the construction
of:
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM described in the
Invitation for Bids, Bid No. B1800100.
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.
M:\Active Projects\WCR 49 Weather Station (GR-44)\Construction\Contracts\WELD COUNTY AGREEMENT FOR
CONSTRUCTION SERVICES.docx Page 16 of 17
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECT: GR-44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which
shall be deemed an original,
this day of , 2018.
Herbert Instrumentation Services, LLC
Contractor
1411,1 l-1 17. ti -it
(Contractor) Secretary
(SEAL)
By _
?
7352 Greenridge Road, Unit B-14
(Witness as to Contractor) (Address)
(Address)
ATTEST:
Lc
(Surety) 01099 Witness
(SEAL)
Windsor, CO 80550
Witness as to Surety
4687 W. 18th Street; Greeley, CO 80634
(Address)
United Fire & Casualty Company
Attorney -in -Fact K'Anne E. Vogel
P.O. Box 73909; Cedar Rapids, IA 52407-3909
(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.
M:\Active Projects\WCR 49 Weather Station (GR-44)\Construction\Contracts\WELD COUNTY AGREEMENT FOR
CONSTRUCTION SERVICES.docx Page 17 of 17
u
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, WEBSTER,.TX .. 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, ROC.IN CA Cedar Rapids, IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY"
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESEPRESENTS, :ThatUNITED FIRE& CASUALTY COMPANY, a; corporation duly organized and existing under
the laws of the State of Iowa; UNITED : FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and: existing under the laws of the State of California
(herein collectively called the Companies) and having their corporate headquarters in Cedar State of Iowa, does Make, constitute ' and appoint
Rapids,
DARLENE KRINGS, RUSSELL D.'LEAR, WE EY J BU QRAC, STEVE J. BLOWN, {ELL,YT.:URWILLER, K'ANNE E.
VOGEL, DULCE R. HUGGINS, KRISTEN PEREIR EACH INDIVIDUALLY of. GREELEY`CO
their true andlawful Attortiey(s)-in-Fact. With power and;uttthority hereby conferred to sign 'seal acid a eet to in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed s 10 , 000 , 000.00
and to bind the Companies thereby as fully and to the same extent,as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority'hereby given and hereb•
y ratified and conftirned." '
The Authority hereby granted shall expire the Stn. ay of September,; 2018 .urrt.esS sooner revoked by UNITED FIRE &
CASUALTY COMPANY, SITED FIRE & INDEMNITY COMPANY AND FINANCIAL PACIFIC INSUfi.ANC..E COMPANY.
This Power of Attorney is Made and executed' pursuant to and by authority of the following bylaw duly adopted on: May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY. "Article VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policiesof insurance, bonds,
riridertakinga and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal may be
affixedby facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any -such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to an. attorney -in -fact.
stvg izt„, IN. WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
'60 7.:k :, vice president and its corporate seal to be hereto affixed this 9th day of Sept ember , 2016,.
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
State of Iowa, County of Linn, ss: Vice President
On 9th day>bf September, 2016, before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that. the
seal affixed to: the said instrument is such corporate seal; that it wasso affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name:.thereto pursuant to like' authority, and acknowledges same to be the act and deed of said corporations.
By:
Judith A. Davis
Iowa',,NotariatSeat
Commission number 573Q41%
My Commission Expires 04/23/2018
otary Public
My commission expires: 04/23/2018
I, David A. Lange, Secretary of UNITED- FIRE & CASUALTY COMPANY and Assistant Secretary of'P ITEb? FIRE & INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the wholi the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this day of , 20
\,ttt1111Ni4, ouit1U11, ``�1N{1111I1W'r40'
`�.. \�\y.Kus,i�, ,4 1, F\G INSUj�q
4?"'.
By:
Secretary, UF&C
Assistant Secretary, OF&I/FPIC
BPOA0045 0115
MEMORANDUM
Date: July 25, 2018
To: Rob Turf, Purchasing Manager
From: Clay Kimmi, P.E., Senior Engineer
RE: Bid Request No. B1800100
BOCC Approval Date July 30, 2018
Bids were received and opened on June 19, 2018 for the contracted construction of a roadside weather
station at the CR 49 and CR 32 intersection. Four (4) bids were received ranging from $98,237.44 to
$212,293.00 with the lowest bid submitted by Herbert Instrumentation from Windsor, Colorado. The
Engineer's Estimate for this project was $86,100.00. Weld County will be receiving grant funds from
CDOT in the amount of $40,000 associated with this project. Per Don Warden, the remaining $58,237.44
will be coming from the savings on the CR 49 project.
The submitted bids have been reviewed for errors and completeness, and none were apparent. The bid
tabulation has previously been submitted for your information.
It is my recommendation to award the construction contract to Herbert Instrumentation for a total
amount of $98,237.44. This Company has not performed work for Weld County. However, over the last
5 years, this Company has constructed several other projects of a similar size and scope. This Company
is well -qualified for this project. CDOT has reviewed the bid documents submitted by the contractor and
given us their concurrence to award. If this bid is approved by the BOCC on July 30th, construction will
commence in late August 2018 and is planned to be completed by the end of December 2018.
ae'!8- l' 71
COLORADO
Department of Transportation
Division of Project Support
Engineering Contracts
2829 W. Howard Place, Suite 329
Denver, CO 80204
July 23, 2018
Attn: Clayton Kimmi
Weld County
PO Box 758
Greeley, CO 80632
Dear Mr. Kimmi:
NHD SW02-066
GR-44 WCR 49 Weather Station
Project Code 22346
The County's award of project NHD SW02-066 (22346) to Herbert Instrumentation Services
LLC is approved based on my review of the request for concurrence dated June 21, 2018, and
supported by the associated financial statement along with the receipt of the following
documents:
-CDOT Form 605, Contractors Performance Capability Statement
-CDOT Form 606, Anti -Collusion Affidavit
-CDOT Form 621, Assignment of Anti -Trust Claims and
-Documentation of conformance with CDOT DBE Contract Goal Policy
The reimbursement of Federal funds for this project is subject to the requirements of the Inter -
Governmental Agreement (IGA) between Weld County and the Colorado Department of
Transportation. Any funding that may be required to complete the project beyond the funds
approved under the IGA will be the responsibility of Weld County.
Please be sure to include a copy of FHWA Form 1273 as part of your entity's contract with the
above selected contractor. Your cooperation in this matter is appreciated.
Sincerely,
?Z)
RB Simmons
CDOT Award Officer
PH: 303-757-9416
cc: Jake Schuch, R-4 Region EEO
Officer, R-4 Gray, Engineering
Contracts Yehdego/Ngo, HQ -
Accounting Civil Rights
Central Files
MEMORANDUM
Date: July 23, 2018
To: Rob Turf, Purchasing Manager
From: Clay Kimmi, P.E., Senior Engineer
RE: Bid Request No.B1800100
1800100
Postpone No. 2-BOCC ApproN al Date to Jule 30, 2018
Bids were received and opened on June 19, 2018 for the contracted construction of a roadside weather
station at the CR 49 and CR 32 intersection. Four (4) bids were received ranging from $98237.44 to
$212,293.00 with the lowest bid submitted by Herbert Instrumentation from Windsor, Colorado.
CDOT Headquarters has reviewed the bid documents submitted by the contractor and found that the
information provided by the Contractor relating to the DBE (Disadvantaged Business Enterprise)
paperwork was not complete. CDOT Headquarters has returned the paperwork to the Contractor with
instructions on how to properly complete it.
Because of the holiday week, the Contractor has been out of town and has not returned the completed
paperwork. Therefore, Public Works is requesting that the Bid Approval be moved to July 30, 2018.
2o/S 19 7/
66 vo7c•
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: rturf@weldgov.com
E-mail: reverett@weldgov.com
E-mail: cmpeters@weldgov.com
Phone: (970) 400-4216.4222 or 4223
Fax: (970) 304-6434
DATE OF BID. June 19, 2018
REQUEST FOR: GR 44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
DEPARTMENT: Public Works
BID NO: #B1800100
PRESENT DATE: June 25 2018
APPROVAL DATE: July 9, 2018
Continued to July 23, 2018(move to July 30,2018)
VENDOR TOTAL
HERBERT INSTRUMENTATION SERVICES
7352 Greenridge Rd. Unit B-14
Windsor CO 80550
INTERFACE COMMUNICATIONS CO INC
5400 Mt. Meeker Rd, Ste. A
Boulder CO 80301
STURGEON ELECTRIC COMPANY
12150 E. 112th Avenue
Henderson CO 80640
WL CONTRACTORS INC
5920 Lamar St.
Arvada CO 800003
Engineering Estimate - $86,110
Public Works will review the bids.
$98,957.44
$111,804.00
$124,617.00
$213,793.00
O2
MEMORANDUM
Date: July 5, 2018
To: Rob Turf, Purchasing Manager
From: Clay Kimmi, P.E., Senior Engineer
RE: Bid Request No. B1800100
Postpone BOCC Approval Date to July 23, 2018
Bids were received and opened on June 19, 2018 for the contracted construction of a roadside weather
station at the CR 49 and CR 32 intersection. Four (4) bids were received ranging from $98,237.44 to
$212,293.00 with the lowest bid submitted by Herbert Instrumentation from Windsor, Colorado.
CDOT Headquarters has reviewed the bid documents submitted by the contractor and found that the
information provided by the Contractor relating to the DBE (Disadvantaged Business Enterprise)
paperwork was not complete. CDOT Headquarters has returned the paperwork to the Contractor with
instructions on how to properly complete it.
Because of the holiday week, the Contractor has been out of town and has not returned the completed
paperwork. Therefore, Public Works is requesting that the Bid Approval be moved to July 23, 2018.
EADDIS-
71q
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: rturf(weldgov.com
E-mail: reverett(a�weldgov.com
E-mail: cmpeters(a�weldgov.com
Phone: (970) 400-4216,4222 or 4223
Fax: (970) 304-6434
DATE OF BID: June 19, 2018
REQUEST FOR: GR 44 WCR 49 ROADWAY WEATHER INFORMATION SYSTEM
DEPARTMENT: Public Works
BID NO: #B1800100
PRESENT DATE: June 25' 2018
APPROVAL DATE: July 9, 2018.
VENDOR TOTAL
HERBERT INSTRUMENTATION SERVICES
7352 Greenridge Rd. Unit B-14
Windsor CO 80550
INTERFACE COMMUNICATIONS CO INC
5400 Mt. Meeker Rd, Ste. A
Boulder CO 80301
STURGEON ELECTRIC COMPANY
12150 E. 112th Avenue
Henderson CO 80640
WL CONTRACTORS INC
5920 Lamar St.
Arvada CO 800003
Engineering Estimate - $86,110
Public Works will review the bids.
$98,957.44
$111,804.00
$124,617.00
$213,793.00
2018-1971
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